Compiler's Note
The Journal of the House of Representatives regular session of 1992 and special session of 1991 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 13, 1992 through March 23, 1992. Volume II contains March 24, 1992 through March 31, 1992 regular session and August 19, 1991 through September 5, 1991 special session.
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 13, 1992 and adjourned Friday, March 31, 1992
VOLUME II
1992 Atlanta, Ga. Printed on Recycled Paper
3110
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, March 24, 1992
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 Ashe Atkins Balkcom Barnett.B Beatty Benefield Bostick Branch Breedlove Brush Buck
Buckner Campbell Carrell
Cauthorn Chafin Chambless Childers
Clark.E Coker Colwell
Connell
Culbreth
Cummings.B
Cummings,M Davis.D Davis.G Davis.M Dixon.S
Dunn
Edwards Elliott
Fennel Floyd.J.M Flynt
Good win Greene
Hammond Harris.B Harris.J
Heard Herbert Holland Hudson Irwin Jackson Jenkins Jones Kilgore Klein Ladd Lane.D Lawson Lee
Lord
Mann
Martin
McCoy McKelvey Meadows Merritt
Mobley Moody Morsberger Moultrie Mueller Oliver.C Oliver.M Orr Par ham
Parrish
Pelote
Perry
Pinholster
Poag
Poston Powell.A
Powell.C Presley
Purcell
Eicketson
Royal
Skipper Smith.L Smith.P Smith.T Smyre Stancil.F Stancil.S Taylor Thomas.M Titus Tolbert Twiggs Vaughan Walker,J Wall Watson
Watts Williams,J Williams.R
Yeargin Murphy.Spkr
The following members were off the floor of the House when the roll was called:
Representatives Griffin of the 6th, Langford of the 7th, Cheeks of the 89th, Patten of the 149th, Lawrence of the 49th, Brown of the 88th, Snow of the 1st, Padgett of the 86th, Wilder of the 21st, McBee of the 68th, Dixon of the 151st, Jamieson of the llth, Baker of the 51st, Brooks of the 34th, Milam of the 81st, Kingston of the 125th, Coleman of the 118th, Teper of the 46th, Canty of the 38th, Byrd of the 153rd, Porter of the 119th, Turnquest of the 56th, Valenti of the 52nd, Pettit of the 19th, Sherrill of the 47th, Bordeaux of the 122nd, Lane of the lllth, Golden of the 148th, Bates of the 141st, Hamilton of the 124th, Carter of the 146th, Hanner of the 131st, Smith of the 156th, Mills of the 20th, Selman of the 32nd, Felton of the 22nd, Stanley of the 33rd, Thurmond of the 67th and Blitch of the 150th.
They wish to be recorded as present.
Prayer was offered by the Reverend Grady Roan, Pastor, First Baptist Church, Vidalia, 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.
TUESDAY, MARCH 24, 1992
3111
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 Resolution of the House was introduced, read the first time and referred to the committee:
HR 1130. By Representatives Stanley of the 33rd, Dover of the llth, Smyre of the 92nd, Walker of the 115th and Coleman of the 118th:
A resolution urging continued investigation and consideration of electronic transfer of public assistance benefits.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 2157 HB 2164 HB 2165 HB 2166 HB 2167 HB 2168 HB 2169 HB 2170 HB 2171 HB 2172 HB 2173 HB 2174 HB 2175
HB 2176 HB 2177 HB 2178 HB 2179 HB 2180 HB 2181 HB 2182 HR 1107 SB 858 SB 859 SB 860 SB 861 SB 862
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1838 Do Pass, by Substitute HB 2046 Do Pass HB 2082 Do Pass, as Amended HB 2098 Do Pass HB 2099 Do Pass HB 2132 Do Pass HB 2133 Do Pass
HB 2134 Do Pass HB 2135 Do Pass HB 2137 Do Pass, by Substitute HB 2138 Do Pass, by Substitute HB 2139 Do Pass HB 2140 Do Pass HB 2141 Do Pass
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JOURNAL OF THE HOUSE,
HB 2142 Do Pass HB 2143 Do Pass, by Substitute HB 2147 Do Pass HB 2153 Do Pass HB 2155 Do Pass HB 2156 Do Pass HB 2158 Do Pass HB 2159 Do Pass HB 2160 Do Pass HB 2161 Do Pass HB 2162 Do Pass SB 317 Do Pass, by Substitute
SB 559 Do Pass SB 623 Do Pass SB 689 Do Pass SB 694 Do Pass SB 708 Do Pass SB 763 Do Pass, by Substitute SB 793 Do Pass, by Substitute SB 820 Do Pass, by Substitute HB 2115 Do Pass HB 2122 Do Pass HB 2123 Do Pass HB 2154 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, MARCH 24, 1992
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:
HR 947 Federal Commercial Motor Vehicle Safety Act of 1986; urge amendment
SB 384 Superior court clerks; office hours SB 487 Motor vehicles; provide offense of habitual impaired driving SB 489 DUI; driver's license suspension; implied consent SB 568 Disabled vet; free license plates; joint ownership of veh SB 571 QBE; program weights; media center computers SB 590 Governor's Development Council; composition; powers SB 591 Public school personnel; payroll deduction; authorization SB 594 DNA analysis; certain sexual offense convictions SB 604 Open meetings; emp comp meetings; not subject to prov SB 607 Historic property; certain residential property; consideration SB 622 Students; extracurricular athletics; maintain passing grades SB 643 Handicapped identification card; pregnant women SB 660 Regional development centers; expand powers SB 677 Health insurance; certain services; payment to provider SB 681 Nursing homes; involuntary transfer of residents; notification SB 693 Personal care homes; waivers; procedures for granting SB 701 Workers' compensation insurance; certain rates; regulation SB 720 Municipal Gas Authority; membership; amend provisions SB 723 Workers' compensation; co/mun; group self-insurance fund SB 724 Insurance; assumption reinsurance agreements; provisions
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:
TUESDAY, MARCH 24, 1992
3113
HB 2046. By Representative Barnett of the 59th:
A bill to amend an Act incorporating the City of Snellville, so as to deannex and exclude certain property from the corporate limits of the city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2082.
By Representatives Oliver of the 53rd, Teper of the 46th and Irwin of the 57th:
A bill to amend an Act providing a supplement to the compensation expenses and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 2082 by striking on line 7 of page 1 the following:
"an exception",
and inserting the following:
"a definition".
By striking "a new subsection" on line 15 of page 1 and inserting the following:
"new subsections (d) and (e)".
By striking lines 20 through 23 of page 1 and inserting the following:
"amount of $3,444.00.".
By adding between lines 23 and 24 of page 1 the following:
"(e) Notwithstanding the provisions of Section 1 of an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, the term 'salary' means the annual salary received by superior court judges from state funds, the annual amount paid to such judges as a county supplement to the state salary, and $3,444.00. Any retirement contribution made by the State of Georgia to the Superior Court Judges Retirement System on behalf of a DeKalb County superior court judge shall not be considered a part of the county supplement for the purposes of computing other officials' salaries.'"
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 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 2098. By Representative Hanner of the 131st:
A bill to amend an Act to create a board of commissioners of roads and revenues for Terrell County, so as to provide new commissioner districts.
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2099. By Representative Hanner of the 131st:
A bill to amend an Act creating a board of commissioners of Clay County, so as to provide new commissioner 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 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2132.
By Representatives Coker of the 21st, Aiken of the 21st, Vaughan of the 20th, Wilder of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to provide the criminal procedures to be used in the state 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 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2134.
By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Tolbert of the 58th, Thomas of the 55th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2135. By Representative Edwards of the 112th: A bill to provide a new charter for the City of Ellaville.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 24, 1992
3115
HB 2137.
By Representative Streat of the 139th:
A bill to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, so as to reapportion the commissioner districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2773), and an Act approved February 17, 1960 (Ga. L. 1960, p. 2147), so as to change and reapportion the commissioner districts; to provide for definitions and inclusions; to provide that members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a special primary, run-off election, and election; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2773), and an Act approved February 17, 1960 (Ga. L. 1960, p. 2147), is amended by striking Sections 1, 2, 3, and 4 in their entirety and inserting new sections to read as follows:
"Section 1. (a) The board of commissioners of Coffee County shall be composed of five members.
(b) For purposes of electing the members of the board of commissioners, Coffee County shall be divided into five commissioner districts as follows:
Commissioner District: 1
COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9907. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 219, 220, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 239, 240, 241, 242, 243, 244, 245, 253, 254 Tract: 9908. Block(s): 112A, 114A, 123A, 124A, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 201A, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 401, 402, 403A, 403B, 403C, 404, 405A, 405B, 405C, 406, 407, 408, 409, 410
Commissioner District: 2
COFFEE COUNTY
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VTD: 0001 DOUGLAS (Part) Tract: 9901. Block(s): 389 Tract: 9902. Block(s): 213, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282 Tract: 9904. Block(s): 201, 202, 203, 204A, 204B, 205, 235 Tract: 9908. Block(s): 122, 136, 137, 501, 502, 503, 504, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570
VTD: 0004 BROXTON (Part) Tract: 9901. Block(s): 301, 302, 303, 304, 335B, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348B, 349B, 380B, 382B, 383, 384, 385, 386, 387, 388 Tract: 9902. Block(s): 111, 112, 113, 116, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217
VTD: 0005 NICHOLLS VTD: 0006 WEST GREEN
Commissioner District: 3
COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9905. Block(s): 135A, 136, 137, 138, 139, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 325, 329, 330, 332, 333, 334, 335, 336, 337A, 338A, 338B, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346A, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367 Tract: 9906. Block(s): 301, 303, 330, 333, 334, 335, 336, 337, 338, 339 Tract: 9907. Block(s): 201, 202, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 212, 213A, 213B, 214, 215, 216, 217, 218, 221, 236, 237, 238, 246, 247, 248, 249, 250, 251, 252, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 301A, 301B, 302, 303A, 303B, 304A, 304B, 305, 306, 307, 308, 309A, 309B, 310, 311, 312, 313, 314A, 314B, 315A, 315B, 316, 317, 318A, 318B, 318C, 319, 320, 321, 322A, 322B, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361 Tract: 9908. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 114B, 115, 116, 117, 118, 119, 120, 121, 123B, 124B, 134B, 135, 411, 412, 413, 414, 415, 416, 505, 506, 507, 508 VTD: 0002 AMBROSE (Part) Tract: 9906.
TUESDAY, MARCH 24, 1992
3117
Block(s): 302, 304, 305, 306, 326, 327, 328, 329, 331, 332 VTD: 0003 BRIDGETOWN (Part)
Tract: 9906. Block(s): 363, 364, 365, 366, 367, 368, 369, 370, 371, 372
Commissioner District: 4
COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9904. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169A, 169B, 170, 171, 172, 173, 174, 175, 176, 206A, 206B, 207A, 207B, 208A, 208B, 209A, 209B, 209C, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 222, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 9905. Block(s): 124, 125, 126A, 129, 130, 131, 132A, 132B, 133, 134, 135B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 337B, 346B Tract: 9908. Block(s): 109, 110, 111, 112B, 113, 201B, 204, 205, 206, 207, 301, 302, 303, 304, 305, 306, 307, 308
Commissioner District: 5
COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9901. Block(s): 272, 273 Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126B, 127, 128, 140, 141, 301, 302, 303, 304, 305, 306, 307, 308, 309, 321, 322, 323, 324, 326, 327, 328, 331, 368, 369 Tract: 9906. Block(s): 162, 236, 237, 238, 249, 250, 251, 295, 296, 297 VTD: 0002 AMBROSE (Part) Tract: 9901. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225 Tract: 9906. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138A, 138B, 139, 140, 141, 142, 143, 144,
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145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 163, 164, 165, 166, 167A, 167B, 167C, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180A, 180B, 181, 182, 183, 184, 185, 186, 187, 188A, 188B, 189, 190A, 190B, 191A, 191B, 192A, 192B, 193, 194A, 194B, 195A, 195B, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 322, 323, 324, 325, 373, 374 VTD: 0003 BRIDGETOWN (Part) Tract: 9906. Block(s): 318, 319, 320, 321, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362 VTD: 0004 BROXTON (Part) Tract: 9901. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194A, 194B, 195, 196, 197, 201A, 201B, 202, 203, 204, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 256A, 256B, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 274, 275, 276, 277, 278, 279, 280, 281, 282, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 335A, 348A, 349A, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368A, 368B, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380A, 381, 382A
(c) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event of any change in the bounds of a precinct or in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Coffee County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
TUESDAY, MARCH 24, 1992
3119
(5) Any part of Coffee County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2. (a) Each member of the board of commissioners must be a resident of the commissioner district which the member represents during the member's entire term of office and at the time of such member's election must have been a resident of the territory embraced within such commissioner district for at least one year. In the event a member of the board of commissioners moves such member's residence from the commissioner district such member represents during the member's term of office, such office immediately shall become vacant. (b) Each person offering for election as a member of the board shall specify the commissioner district for which the person is offering, and each member of the board shall be elected only by the voters within each respective commissioner district. (c) Members of the board shall be elected for terms of four years and until their successors are duly elected and qualified. (d) Unless a vacancy in office occurs because a member of the board moves his or her residence from the district or for any other reason as provided by law, the members of the board of commissioners of Coffee County shall complete the terms of office for which they were elected and serve until their successors are elected and qualified, notwithstanding the changes in commissioner districts based on the 1990 census in this amendatory Act. The terms of members of the board shall be as follows:
(1) Effective January 1, 1993, the members representing Commissioner Districts 1 and 3 shall be the members of the board who formerly represented Commissioner Districts 1 and 3 and who were elected at the general election of 1990 in accordance with NAACP Branch of Coffee County, et aL v. John Moore, etc., et ah, Civil Action No. 577-25 in the United States District Court for the Southern District of Georgia, or who were elected to fill a vacancy created by any of such members. Said members so elected shall complete the terms of office to which they were elected, which shall expire on December 31, 1994. Their successors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified; and
(2) Candidates to represent Commissioner Districts 2, 4, and 5 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Members to represent such commissioner districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of four years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."
Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Coffee County shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call for such special primary election as provided by law. If necessary, a special primary run-off election shall be held as provided by law. The election superintendent shall conduct a special election on the date of and in conjunction with the general election in November, 1992, after issuing the call for such special election as provided by law.
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Coffee County board of commissioners to submit this Act to the United States Attorney General for approval. If, as of July 1,
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1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before July 1, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of member of the board in the general primary; (2) notices of candidacy for the office of member of the board in the general election; and (3) notices of intention of candidacy for the office of member of the board by write-in candidates. Only candidates who have been certified by a political party as qualified for party nomination for the office of member of the board in the special primary shall be eligible to run in the special primary. Only candidates nominated for the office of member of the board in the special primary, candidates who have filed notices of candidacy for the office of member of the board in the special election, and write-in candidates for whom notice of intent of candidacy for the office of member of the board has been given shall be eligible to run in the special election for the office of member of the board.
Section 4. Provisions of this Act reasonably necessary to elect members of the board of commissioners of Coffee County in 1992 shall become effective upon approval of the Act by the Governor or upon its becoming law without such approval. All other provisions of this Act shall become effective January 1, 1993.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 2138. By Representative Streat of the 139th:
A bill to amend an Act establishing a board of education of Coffee County, so as to reapportion the education districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), so as to change and reapportion the education districts; to provide for definitions and inclusions; to provide that members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a special primary, run-off election, and election; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), is amended by striking Sections 1 and 2 in their entirety and inserting new sections to read as follows:
"Section 1. (a) The board of education of Coffee County shall be composed of five members.
(b) For purposes of electing the members of the board of education, Coffee County shall be divided into five education districts as follows:
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Education District: 1
COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9907. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 219, 220, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 239, 240, 241, 242, 243, 244, 245, 253, 254 Tract: 9908. Block(s): 112A, 114A, 123A, 124A, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 201A, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 401, 402, 403A, 403B, 403C, 404, 405A, 405B, 405C, 406, 407, 408, 409, 410
Education District: 2
COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9901. Block(s): 389 Tract: 9902. Block(s): 213, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282 Tract: 9904. Block(s): 201, 202, 203, 204A, 204B, 205, 235 Tract: 9908. Block(s): 122, 136, 137, 501, 502, 503, 504, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570 VTD: 0004 BROXTON (Part) Tract: 9901. Block(s): 301, 302, 303, 304, 335B, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348B, 349B, 380B, 382B, 383, 384, 385, 386, 387, 388 Tract: 9902. Block(s): 111, 112, 113, 116, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217 VTD: 0005 NICHOLLS VTD: 0006 WEST GREEN
Education District: 3
COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9905. Block(s): 135A, 136, 137, 138, 139, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 325, 329, 330, 332, 333, 334, 335, 336,
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337A, 338A, 338B, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346A, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367 Tract: 9906. Block(s): 301, 303, 330, 333, 334, 335, 336, 337, 338, 339 Tract: 9907. Block(s): 201, 202, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 212, 213A, 213B, 214, 215, 216, 217, 218, 221, 236, 237, 238, 246, 247, 248, 249, 250, 251, 252, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 301A, 301B, 302, 303A, 303B, 304A, 304B, 305, 306, 307, 308, 309A, 309B, 310, 311, 312, 313, 314A, 314B, 315A, 315B, 316, 317, 318A, 318B, 318C, 319, 320, 321, 322A, 322B, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361 Tract: 9908. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 114B, 115, 116, 117, 118, 119, 120, 121, 123B, 124B, 134B, 135, 411, 412, 413, 414, 415, 416, 505, 506, 507, 508 VTD: 0002 AMBROSE (Part) Tract: 9906. Block(s): 302, 304, 305, 306, 326, 327, 328, 329, 331, 332 VTD: 0003 BRIDGETOWN (Part) Tract: 9906. Block(s): 363, 364, 365, 366, 367, 368, 369, 370, 371, 372
Education District: 4
COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9904. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,
112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124,
125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137,
138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150,
151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163,
164, 165, 166, 167, 168, 169A, 169B, 170, 171, 172, 173, 174,
175, 176, 206A, 206B, 207A, 207B, 208A, 208B, 209A, 209B,
209C, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220,
221A, 221B, 222, 223A, 223B, 224, 225, 226, 227, 228, 229,
230, 231, 232, 233, 234, 236, 301, 302, 303, 304, 305, 306, 307,
308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320,
321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333,
334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346,
347, 348, 349, 350, 401, 402, 403, 404, 405, 406, 407, 408, 409,
410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422,
423, 424, 425, 426, 427, 428, 429, 430
Tract: 9905. Block(s): 124, 125, 126A, 129, 130, 131, 132A, 132B, 133, 134, 135B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 337B, 346B
Tract: 9908. Block(s): 109, 110, 111, 112B, 113, 201B, 204, 205, 206, 207, 301, 302, 303, 304, 305, 306, 307, 308
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Education District: 5
COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9901. Block(s): 272, 273 Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126B, 127, 128, 140, 141, 301, 302, 303, 304, 305, 306, 307, 308, 309, 321, 322, 323, 324, 326, 327, 328, 331, 368, 369 Tract: 9906. Block(s): 162, 236, 237, 238, 249, 250, 251, 295, 296, 297 VTD: 0002 AMBROSE (Part) Tract: 9901. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225 Tract: 9906. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138A, 138B, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 163, 164, 165, 166, 167A, 167B, 167C, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180A, 180B, 181, 182, 183, 184, 185, 186, 187, 188A, 188B, 189, 190A, 190B, 191A, 191B, 192A, 192B, 193, 194A, 194B, 195A, 195B, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 322, 323, 324, 325, 373, 374 VTD: 0003 BRIDGETOWN (Part) Tract: 9906. Block(s): 318, 319, 320, 321, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362 VTD: 0004 BROXTON (Part) Tract: 9901. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194A, 194B, 195, 196, 197, 201A, 201B, 202, 203, 204, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 256A, 256B, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 274, 275, 276, 277, 278, 279, 280, 281, 282, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330,
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331, 332A, 332B, 333, 334, 335A, 348A, 349A, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368A, 368B, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380A, 381, 382A
(c) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event of any change in the bounds of a precinct or in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Coffee County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Coffee County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2. (a) Each member of the board of education must be a resident of the education district which the member represents during the member's entire term of office and at the time of such member's election must have been a resident of the territory embraced within such education district for at least one year. In the event a member of the board of education moves such member's residence from the education district such member represents during the member's term of office, such office immediately shall become vacant. (b) Each person offering for election as a member of the board of education shall specify the education district for which the person is offering, and each member of the board of education shall be elected only by the voters within each respective education district. (c) Members of the board of education shall be elected for terms of four years and until their successors are duly elected and qualified. (d) Unless a vacancy in office occurs because a member of the board moves his or her residence from the district or for any other reason as provided by law, the members of the board of education of Coffee County shall complete the terms of office for which they were elected and serve until their successors are elected and qualified, notwithstanding the changes in education districts based on the 1990 census in this amendatory Act. The terms of members of the board shall be as follows:
(1) Effective January 1, 1993, the members representing Education Districts 1, 2, and 4 shall be the members of the board who formerly represented Education Districts 1, 2, and 4 and who were elected at the general election of 1990 in accordance with NAACP Branch of Coffee County, et aL y^ John Moore, etc., et al, Civil Action No. 577-25 in the United States District Court for the Southern District of Georgia, or who were elected to fill a vacancy created by any of such members. Said members so elected shall complete the terms of office to which they were elected, which shall expire on December 31, 1994. Their successors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall
TUESDAY, MARCH 24, 1992
3125
take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified; and
(2) Candidates to represent Education Districts 3 and 5 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Members to represent such education districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of four years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."
Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Coffee County shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call for such special primary election as provided by law. If necessary, a special primary run-off election shall be held as provided by law. The election superintendent shall conduct a special election on the date of and in conjunction with the general election in November, 1992, after issuing the call for such special election as provided by law.
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Coffee County board of education to submit this Act to the United States Attorney General for approval. If, as of July 1, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before July 1, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of member of the board in the general primary; (2) notices of candidacy for the office of member of the board in the general election; and (3) notices of intention of candidacy for the office of member of the board by write-in candidates. Only candidates who have been certified by a political party as qualified for party nomination for the office of member of the board in the special primary shall be eligible to run in the special primary. Only candidates nominated for the office of member of the board in the special primary, candidates who have filed notices of candidacy for the office of member of the board in the special election, and write-in candidates for whom notice of intent of candidacy for the office of member of the board has been given shall be eligible to run in the special election for the office of member of the board.
Section 4. Provisions of this Act reasonably necessary to elect members of the board of education of Coffee County in 1992 shall become effective upon approval of the Act by the Governor or upon its becoming law without such approval. All other provisions of this Act shall become effective January 1, 1993.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 2139.
By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to provide for the election of members of the board.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2140.
By Representatives Flynt of the 75th and Herbert of the 76th:
A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2141. By Representatives Powell of the 13th and Clark of the 13th: A bill to create the Hart 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 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2142. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to provide a method of appointment for members of the Baxley Appling County hospital Authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2143. By Representative Morsberger of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, particularly by an Act approved March 14, 1989 (Ga. L. 1989, p. 3633), and particularly by an Act approved March 30, 1990 (Ga. L. 1990, p. 5040), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, particularly by an Act approved March 14, 1989 (Ga. L. 1989, p. 3633), and particularly by an Act approved March 30, 1990 (Ga. L. 1990, p. 5040), is amended by striking Section 1.11 in its entirety and inserting in lieu thereof a new Section 1.11 to read as follows:
"Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter amendment with the addition of the area described in subsection (c) of this section but without the areas described in subsection (d) of this section. Alterations of the boundaries of this city may be made from time to time in a manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: 'Official Map of the Corporate Limits of the City of Lilburn, Georgia.' Photographic, typed, or other copies of such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
(c) In addition to any territory lying within the corporate limits of the City of Lilburn, the corporate limits shall also include all of the property included in the tax parcels as set forth below, as those tax parcels are shown on the tax maps of Gwinnett County as of January 1, 1991, and all of the public roadways and rights of way adjacent to those parcels:
TAX PARCEL #6-121-87 Address: 33 Lancaster Court
All that tract or parcel of land lying and being in Land Lots 120 and 121 of the 6th District of Gwinnett County, Georgia, being Lot 52, Block C, Carrefour Place Subdivision, Unit 6, according to plat which is recorded in Plat Book 9, Page 13, Gwinnett County Records; which said plat is incorporated herein by reference and made apart hereof. TAX PARCEL #6-121-88 Address: 13 Lancaster Court
All that tract or parcel of land lying and being in Land Lots 120 and 121 of the 6th District of Gwinnett County, Georgia, being Lot 53, Block C, Carrefour Place Subdivision, Unit 6, according to plat which is recorded in Plat Book 9, page 13, Gwinnett County Records; which plat is incorporated herein by this reference and made apart hereof. TAX PARCEL #6-121-123 Address: 5353 Mileo Place
All that tract or parcel of land lying and being in Land Lot 121 of the 6th District of Gwinnett County, Georgia, being Lot 15, Block C, Carrefour Place Subdivision, Unit 6, according to plat which is recorded in Plat Book 21, page 31, Gwinnett County Records; which plat is incorporated herein by this reference and made apart hereof. TAX PARCEL #6-149-89 Address: 4230 Highway 29
All that tract of land in Land Lot 149 of the 6th District of Gwinnett County, Georgia, more particularly described as follows: Beginning at a point as the southwest right-of-way line of Arcadia (or Arcado) Road 40-foot from the center line of said road at that point) 190 feet southeasterly as measured along said right-of-way line from the point of intersection of the southeast right-of-way line of U.S. Highway 29 (50 feet from the center line of said highway at that point) with the southwest right-of-way line or Arcadia (or Arcado) Road; running thence south 27 degrees 41 minutes 20 seconds east 493.76 feet to an iron pin found; thence south 69 degrees 45 minutes 238.42 feet to an iron pin found; thence south 27 degrees 16 minutes 40 seconds east 290.8 feet to an iron pin found on the southeast boundary line of Land Lot 149; thence south 62 degrees 11 minutes 40 seconds west along the southeast boundary line of
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Land Lot 149 a distance of 453.04 feet to an iron pin found; thence north 27 degrees 42 minutes 40 seconds west 775.92 feet to an iron pin found; thence north 61 degrees 50 minutes 30 seconds east 182 feet to an iron pin found; thence north 27 degrees 24 minutes 10 seconds west 160 feet to an iron pin set on the southeast right-of-way line of U.S. Highway No. 29 (50 feet from the center line of said highway at that point); thence north 59 degrees 58 minutes east along the southeast right-of-way line of U.S. Highway No. 29, 55 feet to an iron pin found; thence south 27 degrees 24 minutes 10 seconds east 161.80 feet to an iron pin found; thence north 61 degrees 50 minutes 30 seconds east 143.86 feet to an iron pin found; thence north 27 degrees 24 minutes 10 seconds west 166.51 feet to an iron pin found on the southeast right-of-way line of U.S. Highway No. 29; thence north 59 degrees 58 minutes east along said southeast right-of-way line of U.S. Highway No. 29, a distance of 79.17 feet to a point; thence northeasterly along the arc of a curve (radius 1959.06 feet) along said southeast rightof-way line of U.S. Highway No. 29, 36.27 feet to an iron pin found; thence south 27 degrees 24 minutes 10 seconds east 195 feet to an iron pin found; thence north 62 degrees 24 minutes 30 seconds east 195.82 feet to the iron pin found at the Point of Beginning; said parcel containing approximately 11.386 acres as shown on a plat of survey prepared for Ledo International Corporation, LTD., by Solar Land Surveying Company, dated August 27, 1982."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 2147.
By Representatives Breedlove of the 60th, Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2153.
By Representatives Smyre of the 92nd, Buck of the 95th, Taylor of the 94th, Harris of the 96th and Culbreth of the 97th:
A bill to amend an Act creating the Muscogee County School District, so as to provide for the composition of the Muscogee County Board of Education.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
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3129
HB 2155. 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 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2156.
By Representative Hanner of the 131st:
A bill to amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," so as to provide new commissioner 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 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2158.
By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act providing certain additional compensation for the clerk of the superior court of all counties of this state having a certain population, so as to change the population figure in said Act.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2159.
By Representatives Watson of the 114th and Walker of the 113th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the inclusion of certain property within the corporate limits of said city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2160.
By Representatives Coker of the 21st, Atkins of the 21st, Klein of the 21st, Clark of the 20th, Aiken of the 21st and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to amend provisions relating to county purchases.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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On the passage of the Bill, the ayes were 151, nays 2. The Bill, having received the requisite constitutional majority, was passed.
HB 2161.
By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th, Pelote of the 127th, Merritt of the 123rd and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2162.
By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th, Bordeaux of the 122nd, Merritt of the 123rd and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to increase the limit of the authority of the recorder's court to impose fines for contempt from $50.00 to $500.00.
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 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 317. By Senator Shumake of the 39th:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, 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.
The following Committee substitute was read and adopted:
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 population classification in Code Section 15-6-77.2, relating to costs for clerk's services in certain counties; to change certain costs and fees; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by striking Code Section 15-6-77.2, relating to total costs for clerk's services in certain counties, in its entirety and inserting in lieu thereof a new Code Section 15-6-77.2 to read as follows:
"15-6-77.2. (a) This Code section shall apply to all counties of this state having a population of 460,000 640,000 or more according to the United States decennial census of 1080 1990 or any future such census.
(b) For purposes of this Code section, the term 'domestic civil cases' means:
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(1) Divorce cases; (2) Alimony cases; (3) Annulment cases; (4) Separate maintenance cases; or (5) A modification of decree in any of the matters specified in paragraphs (1) through (4) of this subsection. (c) In all counties specified in subsection (a) of this Code section, the total costs for all services rendered by the clerk of superior court in domestic civil cases through judgment or dismissal shall be $4&Q6 $58.00, plus $8.00 for each party other than the original plaintiff and defendant. (d) In all civil cases other than those specified in subsection (c) of this Code section and those in which there is no adversary party against whom costs may be taxed, the total cost for all services rendered by the clerk of superior court through judgment or dismissal shall be $66.00 $58.00, plus $8.00 for each party or intervenor other than one defendant and the original plaintiffs one plaintiff. (e) The sums specified by subsections (c) and (d) of this Code section shall be paid to the clerk of superior court at the time of the filing of the original complaint except such sums as shall be due by reason of the addition of parties, which sums shall be paid to the clerk at the time such parties are added or a motion to add parties is filed, whichever event occurs first. (f) The sums specified in subsections (c) and (d) of this Code section shall be in lieu of all other costs for the clerk in the civil cases specified in such subsections, but nothing in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing in this Code section shall be construed to affect in any way the power and authority of the superior courts of counties described in subsection (a) of this Code section from taxing costs in accordance with law, but no costs collected under this Code section shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party. (g) All sums charged and collected by the clerks of superior court pursuant to this Code section shall be paid into the county treasury."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 559. By Senator Tysinger of the 41st:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to change the definition of "member of the governing authority"; to provide for sanctions for the violation of the code of ethics; to provide for procedures, requirements, and other matters relative to the foregoing; to provide for a referendum.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
SB 623. By Senator Kidd of the 25th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, as amended, so as to change the provisions relating to compensation of the members of the board of education; to provide for approval and for appropriation of funds for salaries and expenses; to authorize the board of education to provide group medical and dental insurance for its members.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 689. By Senator Foster of the 50th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts, so as to repeal certain provisions applicable to counties having a population of not less than 9,380 nor more than 9,450 according to the United States decennial census of 1970 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 ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 694. By Senator Egan of the 40th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, as amended, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted for bails and bonds in the Municipal Court of Atlanta; to provide that the moneys collected shall be expended only to fund the staffing, operation, and capital improvement of municipal detention and prison facilities.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 708. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A bill to amend an Act revising the laws relative to the governing authority of Chatham County, as amended, so as to provide that the board of commissioners may authorize county employees to issue citations for violations of county codes, ordinances, regulations, rules, or other orders; to provide for the effect of failure to respond to citations.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 151, nays 2.
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The Bill, having received the requisite constitutional majority, was passed.
SB 763. By Senators Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act relating to the school system of the City of Savannah and Chatham County, as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.
The following Committee substitute was read and adopted:
A BILL
To amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) The Board of Public Education for the City of Savannah and the County of Chatham shall be composed of a president and eight other members, to be elected as provided in this Act. For the purpose of electing members of the board of education, Chatham County is divided into eight education districts as follows:
Education District: 1
CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7 VTD: 0009 1-9 VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 601, 602, 603, 604, 605, 606, 607, 608, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713 VTD: 0011 1-11 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 303, 304, 305, 306, 307, 315, 316 VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1
Education District: 2
CHATHAM COUNTY VTD: 0014 2-1
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VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0026 3-3 VTD: 0027 3-4 (Part)
Tract: 0036.02 Block(s): 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229
VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 401, 406, 409, 410, 419, 420, 421, 433
VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101, 102A, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119, 306B, 401A Block(s): That part of Block 401B which lies west of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 402, 404A, 404B, 405, 406, 407, 408, 409 Tract: 0101.01 Block(s): 314A, 318A, 321A, 329A
Education District: 3
CHATHAM COUNTY VTD: 0012 1-12 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 308, 309, 310, 311, 312D, 314 VTD: 0024 3-1 (Part) Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 218, 219, 225, 227, 228, 229, 231, 232, 233 Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0025 3-2 (Part) Tract: 0003. Block(s): 101B, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 126, 130, 131, 132, 137, 140, 141, 142, 151, 153, 157, 158, 159, 160, 163, 164, 165, 166, 170, 171, 172, 173, 174, 175, 176, 188, 189, 190, 191, 192, 193, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 222, 225, 240, 241, 244, 301B Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,
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3135
201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 222, 223, 224, 225, 228, 229, 230, 231, 232 Tract: 0101.01 Block(s): 201, 202, 203B, 204, 205, 304A, 304B, 305A, 305B, 306, 307, 308, 309, 310, 311, 312, 313, 328 Tract: 0106.05 Block(s): 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0027 3-4 (Part) Tract: 0022. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 0037. Block(s): 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127 VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 101C, 230, 231, 232, 233, 234, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 407, 408, 411, 412, 413, 414, 415, 416, 417, 418, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B VTD: 0029 3-6 VTD: 0030 3-7 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 102B Block(s): That part of Block 401B which lies east of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 403 Tract: 0036.02 Block(s): 101D, 312B Tract: 0101.01 Block(s): 301, 302, 303, 314B, 314C, 315, 316, 317, 318B, 319, 320, 321B, 321C, 321D, 322, 329B VTD: 0035 4-2 VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413
Education District: 4
CHATHAM COUNTY VTD: 0036 4-3 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9
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VTD: 0043 4-10 (Part) Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
Education District: 5
CHATHAM COUNTY VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 202, 205, 207, 208, 209, 210, 214A, 214B, 214C, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0061 6-6 VTD: 0062 6-7 (Part) Tract: 0109.01 Block(s): That part of Block 101 which lies north of Tibet Avenue extended to its intersection with Hunter Army Airfield VTD: 0074 7-10 VTD: 0086 5-11
Education District: 6
CHATHAM COUNTY VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 801 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 (Part) Tract: 0042.03 Block(s): 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 413, 415, 416, 419, 420, 421, 422 Tract: 0042.05 Block(s): 403A, 501, 507 Tract: 0109.01 Block(s): That part of Block 101 which lies south of Tibet Avenue extended to its intersection with Hunter Army Airfield Block(s): 102, 103, 104, 201, 202, 203, 204, 301, 302, 303, 304 VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0072 7-8 (Part) Tract: 0108.98
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Block(s): That part of Block 233 which lies southeast of Bush Road extended to its intersection with the Ogeechee River
Block(s): 241, 242, 243
Education District: 7
CHATHAM COUNTY VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 (Part) Tract: 0108.04 Block(s): 101B, 101E Tract: 0108.97 Block(s): 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 250A, 251B, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275A, 275B, 276, 277, 278B, 280, 281, 282, 283, 284A, 284B Tract: 0108.98 Block(s): 105A, 105B, 106A, 106B, 107, 108B, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139, 142, 143, 144, 145, 149, 150, 201B, 202B, 203B, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232 Block(s): That part of Block 233 which lies northwest of Bush Road extended to its intersection with the Ogeechee River Block(s): 234, 235, 236, 237, 238, 244, 245, 246, 247, 248, 249 VTD: 0073 7-9
Education District: 8
CHATHAM COUNTY VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 101A, 107, 108, 109, 110, 111, 112, 113, 114, 121, 127, 128, 129, 133, 134, 135, 136, 138, 139, 143, 144, 145, 146, 147, 148, 149, 150, 152, 154, 155, 156, 161, 162, 167, 168, 169, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 194, 195, 196, 197, 202, 226, 227, 230, 237, 245 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0012. Block(s): 112 Tract: 0033.02 Block(s): 201, 206, 207 Tract: 0045.
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Block(s): 101A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 134C, 201, 203, 204, 206A, 206B, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401A
VTD: 0075 7-11
VTD: 0076 8-1 VTD: 0077 8-2
VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5
VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8
VTD: 0084 8-9 VTD: 0085 8-10 (b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Chatham County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Chatham County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Education Districts 1, 2, 3, 4, 5, 6, 7, and 8 as they existed on January 1, 1992, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, 7, and 8 respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
Section 2. Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:
"Section 3. (a) The president of the board of education in office on January 1, 1992, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, the president shall be elected pursuant to this Act and shall serve for a term of four years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. No president may succeed himself in office more than twice.
(b) The members of the board of education in office on January 1, 1992, representing former Education Districts 1, 2, 3, and 7 shall serve out the remainder of the terms to
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which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board shall be elected from Education Districts 1, 2, 3, and 7 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(c) The members of the board of education in office on January 1, 1992, representing former Education Districts 4, 5, 6, and 8 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Education Districts No. 4, 5, 6, and 8 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(d) All primaries and elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education for the City of Savannah and Chatham County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 793. By Senator Tysinger of the 41st:
A bill to amend Code Section 48-5-354 of the Official Code of Georgia Annotated, relating to exemption of certain salesmen and merchants from municipal taxes and license fees, so as to change the population figure designating the counties to which said Code section is applicable. Act are repealed.
The following Committee substitute was read and adopted:
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 that in certain counties having different municipal and county property assessments, the state revenue commissioner may designate which assessment shall be used for purposes of calculating municipal ad valorem taxes; to change the population figure designating the counties to which Code Section 48-5-354 is applicable; to provide for the automatic repeal of a section of this Act; 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 in its entirety the second sentence of Code Section 48-5-353, relating to the basis for fair market value of property subject to both municipal and county taxation, which reads as follows:
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"Where there are existing municipal and county assessments for any municipality with 17,000 or more persons, according to the United States decennial census of 1970 or any future such census, located wholly within counties having populations of not less than 350,000 nor more than 500,000, according to the United States decennial census of 1970 or any future such census, the commissioner may designate which of the two assessments shall be used for each parcel of property or class of property.", and inserting in lieu thereof the following:
"Where there are existing municipal and county assessments for any municipality with 17,000 or more persons according to the United States decennial census of 1990 or any future such census located wholly within counties having populations of not less than 500,000 nor more than 600,000 according to the United States decennial census of 1990 or any future such census, the commissioner may designate which of the two assessments shall be used for each parcel of property or class of property."
Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 48-5-354, relating to the exemption of certain salesmen and merchants from municipal taxes and license fees, and inserting in lieu thereof the following:
"(b) This Code section shall not apply within counties having a population over 600,000 600,000, according to the United States decennial census of i960 1990 or any future such census."
Section 3. Section 1 of this Act shall be repealed automatically on December 31, 1993.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 820. By Senators Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.
The following Committee substitute was read and adopted:
A BILL
To amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:
TUESDAY, MARCH 24, 1992
3141
"Section 3. Commissioner Districts, (a) For the purpose of electing members of the board of commissioners, Chatham County is divided into eight commissioner districts as follows:
Commissioner District: 1
CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7 VTD: 0009 1-9 VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 601, 602, 603, 604, 605, 606, 607, 608, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713 VTD: 0011 1-11 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 303, 304, 305, 306, 307, 315, 316 VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1
Commissioner District: 2
CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0026 3-3 VTD: 0027 3-4 (Part) Tract: 0036.02 Block(s): 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 401, 406, 409, 410, 419, 420, 421, 433 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101, 102A, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119, 306B, 401A Block(s): That part of Block 401B which lies west of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 402, 404A, 404B, 405, 406, 407, 408, 409 Tract: 0101.01 Block(s): 314A, 318A, 321A, 329A
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JOURNAL OF THE HOUSE,
Commissioner District: 3
CHATHAM COUNTY VTD: 0012 1-12 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 308, 309, 310, 311, 312D, 314 VTD: 0024 3-1 (Part) Tract: 0008.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 129,
130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 218, 219, 225, 227, 228, 229, 231, 232, 233 Tract: 0013.
Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116
VTD: 0025 3-2 (Part) Tract: 0003. Block(s): 101B, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 126, 130, 131, 132, 137, 140, 141, 142, 151, 153, 157, 158, 159, 160, 163, 164, 165, 166, 170, 171, 172, 173, 174, 175, 176, 188, 189, 190, 191, 192, 193, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 222, 225, 240, 241, 244, 301B Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 222, 223, 224, 225, 228, 229, 230, 231, 232 Tract: 0101.01 Block(s): 201, 202, 203B, 204, 205, 304A, 304B, 305A, 305B, 306, 307, 308, 309, 310, 311, 312, 313, 328 Tract: 0106.05 Block(s): 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116
VTD: 0027 3-4 (Part)
Tract: 0022.
Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326,
327, 328 Tract: 0037.
Block(s): 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127 VTD: 0028 3-5 (Part)
Tract: 0036.02
Block(s): 101C, 230, 231, 232, 233, 234, 235, 236, 301, 302, 303, 304,
305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 407, 408, 411, 412, 413, 414, 415, 416,
417, 418, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B VTD: 0029 3-6 VTD: 0030 3-7
VTD: 0031 3-8 VTD: 0032 3-9
VTD: 0033 3-10 VTD: 0034 4-1 (Part)
Tract: 0036.01
TUESDAY, MARCH 24, 1992
3143
Block(s): 102B Block(s): That part of Block 401B which lies east of Moorings Drive
and Moorings Drive extended to a tributary of the Wihnington River Block(s): 403 Tract: 0036.02 Block(s): 101D, 312B Tract: 0101.01 Block(s): 301, 302, 303, 314B, 314C, 315, 316, 317, 318B, 319, 320, 321B, 321C, 321D, 322, 329B VTD: 0035 4-2 VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413
Commissioner District: 4
CHATHAM COUNTY VTD: 0036 4-3 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part) Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
Commissioner District: 5
CHATHAM COUNTY VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 202, 205, 207, 208, 209, 210, 214A, 214B, 214C, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0061 6-6 VTD: 0062 6-7 (Part) Tract: 0109.01
3144
JOURNAL OF THE HOUSE,
Block(s): That part of Block 101 which lies north of Tibet Avenue extended to its intersection with Hunter Army Airfield
VTD: 0074 7-10 VTD: 0086 5-11
Commissioner District: 6
CHATHAM COUNTY VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 801 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 (Part) Tract: 0042.03 Block(s): 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 413, 415, 416, 419, 420, 421, 422 Tract: 0042.05 Block(s): 403A, 501, 507 Tract: 0109.01 Block(s): That part of Block 101 which lies south of Tibet Avenue extended to its intersection with Hunter Army Airfield Block(s): 102, 103, 104, 201, 202, 203, 204, 301, 302, 303, 304 VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0072 7-8 (Part) Tract: 0108.98 Block(s): That part of Block 233 which lies southeast of Bush Road extended to its intersection with the Ogeechee River Block(s): 241, 242, 243
Commissioner District: 7
CHATHAM COUNTY VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 (Part) Tract: 0108.04 Block(s): 101B, 101E Tract: 0108.97 Block(s): 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 250A, 251B, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275A, 275B, 276, 277, 278B, 280, 281, 282, 283, 284A, 284B Tract: 0108.98 Block(s): 105A, 105B, 106A, 106B, 107, 108B, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119, 120, 121, 122,
TUESDAY, MARCH 24, 1992
3145
123, 124, 125, 126, 139, 142, 143, 144, 145, 149, 150, 201B, 202B, 203B, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232 Block(s): That part of Block 233 which lies northwest of Bush Road extended to its intersection with the Ogeechee River Block(s): 234, 235, 236, 237, 238, 244, 245, 246, 247, 248, 249 VTD: 0073 7-9
Commissioner District: 8
CHATHAM COUNTY VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 101A, 107, 108, 109, 110, 111, 112, 113, 114, 121, 127, 128, 129, 133, 134, 135, 136, 138, 139, 143, 144, 145, 146, 147, 148, 149, 150, 152, 154, 155, 156, 161, 162, 167, 168, 169, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 194, 195, 196, 197, 202, 226, 227, 230, 237, 245 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0012. Block(s): 112 Tract: 0033.02 Block(s): 201, 206, 207 Tract: 0045. Block(s): 101A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 134C, 201, 203, 204, 206A, 206B, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401A VTD: 0075 7-11 VTD: 0076 8-1 VTD: 0077 8-2 VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct* is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
3146
JOURNAL OF THE HOUSE,
(4) Any part of Chatham County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Chatham County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
Section 2. Said Act is further amended by striking Section 4 and inserting in its place a new Section 4 to read as follows:
"Section 4. (a) The chairman and members of the board of commissioners in office on January 1, 1992, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, the chairman and members of the board of commissioners shall be elected pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(b) All primaries and elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Chatham County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 2115.
By Representative Jenkins of the 80th:
A bill to provide a homestead exemption from certain Jasper County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of that homestead for certain residents of that county.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Y Aiken
Y Alford Y Ashe
Y Atkins
Y Baker Y Balkcora
N Barfoot
Y Bargeron Y Barnett.B
Barnett.M
Y Bates Y Beatty
Benefield
TUESDAY, MARCH 24, 1992
3147
Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown
Brush Y Buck Y Buckner
Y Byrd Y Campbell Y Canty Y Carrell
Carter Y Cauthorn
Y Chafin
Y Chambless Y Cheeks
Y Childers Y Clark.E Y Clark.L
Y Coker Y Coleman
Colwell
Y Connell Y Culbreth
Y Cummings.B
Y Cummings.M
Y Davis.D 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 E Green Y Greene Y Griffin
Groover Y Hamilton
Y Hammond
Y Hanner
Y Harris.B
Y Harris.J Y Heard
Y Henson
Y Herbert
Y 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
Langford Y Lawrence Y Lawson YLee YLong Y Lord
Lucas Y Mann Y Martin
Y McBee 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 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 Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson
Y Royal Selman
Y Sherrill
Y Simpson Sinkfield
Y Skipper Y Smith.L Y Smith,?
Y Smith.T Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N
Thurmond
Y Titus Y Tolbert
Townsend
Y Turnquest
Twiggs Valenti
Y Vaughan
Y Walker,J Walker.L
Y Wall 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 151, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.
HB 2122.
By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act providing for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city, so as to increase the amount of said homestead 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
Y Alford Y Ashe
Y Atkins Y Baker Y Balkcom N Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates
Y Beatty Benefield
Y Birdsong Y Blitch
Y Bordeaux
Y Bostick
Y Branch
Y Breedlove N Brooks
Y Brown
Brush YBuck Y Buckner
YByrd
Y Campbell
Y Canty
Y Carrell Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B
Y Cummings.M Y Davis.D
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 E Green Y Greene Y Griffin
Groover
Y Hamilton Y Hammond
Y Hanner Y Harris.B Y Harris.J Y Heard
Y Henson
Y Herbert Y 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
Langford
Y Lawrence
Y Lawson
YLee YLong YLord
Lucas YMann Y Martin Y McBee
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
3148
JOURNAL OF THE HOUSE,
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 Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman
Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Valenti
Y Vaughan Y Walker,J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y William8,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 151, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.
HB 2123. By Representatives Smith of the 16th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to change the amount of the 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
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom N Barfoot Y Bargeron
Y Barnett.B Barnett.M
Y Bates Y Beatty
Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis,D 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 E Green
Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert
Y 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
Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas YMann Y Martin Y McBee 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
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 Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman
Y Sherrill Y Simpson
Sinkfield
Y Skipper Y Smith.L Y Smith.P
Y Smith.T Smith.W
Y Smyre YSnow
Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Valenti Y Vaughan Y Walker,J Walker.L Y Wall
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 151, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.
TUESDAY, MARCH 24, 1992
3149
HB 2154.
By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to provide for homestead exemptions from Polk County ad valorem taxes for county purposes and from Polk County School District ad valorem taxes for educational purposes and to reduce bonded indebtedness for certain residents of that county and school district.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom N Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty
Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown
Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L
Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D 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 E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong Y Lord
Lucas Y Mann Y Martin Y McBee
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 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 Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson
Sinkfield
Y Skipper Y Smith.L Y Smith,? Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Valenti Y Vaughan Y Walker,J Walker,L Y Wall 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 151, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.
Representatives Mills of the 20th, Smith of the 156th and Thurmond of the 67th stated that they had been called from the floor of the House during the preceding roll calls. They wished to be recorded as voting "aye" thereon.
Representative Hammond of the 20th stated that he inadvertently voted "aye" on the preceding roll calls. He wished to be recorded as voting "nay" thereon.
HB 1838. By Representative Williams of the 90th:
A bill to be entitled an Act to amend an Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to provide for a board of commissioners of 12 members.
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The following Committee substitute was read:
A BILL
To amend an Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, approved March 15, 1988 (Ga. L. 1988, p. 3971), so as to provide for a board of commissioners of 12 members; to add and describe six new commission-council districts; to provide for definitions and inclusions; to provide for the election of the members of the commission-council; to provide that the chairman-mayor shall not be eligible to seek reelection after serving two consecutive four-year terms; to provide that the chairman-mayor shall not have the power to veto any actions of the commission-council; to provide that the commission-council shall elect a chairman-mayor pro tempore at its first organizational meeting in even-numbered years; to provide for the powers and duties of the chairman-mayor pro tempore; to provide that the chairman-mayor pro tempore shall be a full voting member of the commission-council; to provide for additional compensation for the chairman-mayor pro tempore; to provide that the chairman-mayor pro tempore shall be limited to serving two consecutive two-year terms; to provide for equal employment opportunity; to provide for a transition team; to provide for a specific exception; to provide for a referendum; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, approved March 15, 1988 (Ga. L. 1988, p. 3971), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. The governing authority of Richmond County shall be a board of commissioners of said county consisting of 12 members. Said board is designated as the Augusta-Richmond County Commission-Council and referred to in this Act as the 'commission-council.' The chief executive officer of said board is designated and referred to in this Act as the 'chairman-mayor' and the other members of said board are designated and referred to in this Act as 'commissioners-councilpersons.' The commissioncouncil shall exercise and be subject to all of the rights, powers, duties, and obligations imposed by this Act or heretofore applicable to the governing authorities of the City of Augusta and Richmond County and to any general laws, local law, or constitutional provisions applicable or effective within the former City of Augusta and Richmond County. The commission-council shall constitute a county as well as a municipality for the purpose of the application of the general laws and Constitution of this state. The commission-council may exercise the powers vested in the former governing authority of the City of Augusta and municipalities generally as well as the powers vested in the former governing authority of Richmond County and counties generally. The commission-council shall be elected as provided in Section 2 of this Act and shall become the governing authority of Richmond County on January 1, 1993."
Section 2. Said Act is further amended by striking subsections (a) and (b) of Section 2 in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) For the purpose of electing members of the commission-council, Richmond County is divided into six commission-council districts as follows:
Commission-Council District: 1.
RICHMOND COUNTY
TUESDAY, MARCH 24, 1992
3151
VTD: 0001 1 (Part) Tract: 0006. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221
VTD: 0002 1A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part)
Tract: 0001. Block(s): 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 409, 410, 411, 412, 413
Tract: 0011. Block(s): 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315
VTD: 0020 7A (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 306, 307, 308, 309, 310, 311, 401, 402, 404, 405, 407, 416, 417, 503, 504, 510, 513, 514A, 514B, 514C, 517, 522 Tract: 0002. Block(s): 214, 401, 402, 403, 404, 405, 408, 409, 412, 413, 501, 504
VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2
Commission-Council District: 2
RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 406, 415, 416, 417, 418, 419, 420, 422, 423, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 444 VTD: 0015 6 VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 213 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103 VTD: 0021 8 VTD: 0022 8A VTD: 0023 8B (Part) Tract: 0016. Block(s): 214, 901A VTD: 0024 8C (Part) Tract: 0012. Block(s): 403, 406 Tract: 0016. Block(s): 210, 211 VTD: 0046 89-1 (Part) Tract: 0105.04
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Block(s): 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121, 122A, 122B, 123, 126, 127, 901, 902, 903, 904, 905, 906, 907, 908, 909, 911, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 932, 933, 940
VTD: 0052 89-7 (Part) Tract: 0105.07 Block(s): 301, 302, 313, 314, 412, 413, 414, 415, 418
VTD: 0055 89-10 VTD: 0058 90-3 (Part)
Tract: 0102.03 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 501, 502, 503A, 503B, 504, 505, 506, 507, 508, 509, 510, 601A, 601B, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611A, 611B, 612, 613, 614
Tract: 0102.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 249, 250, 251, 601, 602, 603
Tract: 0108. Block(s): 903, 904, 905
VTD: 0059 90-4 VTD: 0060 90-5 (Part)
Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 515, 516, 517, 901C
Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 426, 430, 431
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
VTD: 0066 FG4
Commission-Council District: 3
RICHMOND COUNTY VTD: 0027 85-2 (Part) Tract: 0105.08 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 125, 126, 127, 128, 129, 701, 702, 703, 704, 705, 706, 707, 711 Tract: 0105.10 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 118, 119, 120, 121, 122, 123, 124, 901, 902 VTD: 0028 85-3 (Part) Tract: 0105.06 Block(s): 202, 226, 614, 621 VTD: 0029 86-1
TUESDAY, MARCH 24, 1992
3153
VTD: 0031 86-3 VTD: 0032 86-4 (Part)
Tract: 0107.04 Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147
VTD: 0033 86-5 VTD: 0034 86-6 (Part)
Tract: 0109.02 Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 416, 420, 421, 426, 427, 430, 431, 432, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497
VTD: 0035 86-7 VTD: 0048 89-3 VTD: 0050 89-5 VTD: 0058 90-3 (Part)
Tract: 0102.04 Block(s): 243, 244, 245, 246, 247, 248, 301, 302, 303, 304, 305, 306
Tract: 0108. Block(s): 908, 909, 910
VTD: 0067 FG5
Commission-Council District: 4
RICHMOND COUNTY VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 Tract: 0107.04 Block(s): 101, 102, 103, 134, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163 Tract: 0108. Block(s): 901F VTD: 0043 88-5 (Part) Tract: 0105.07 Block(s): 416, 422 VTD: 0049 89-4 VTD: 0051 89-6 VTD: 0052 89-7 (Part) Tract: 0105.05 Block(s): 901, 902, 903, 904, 916, 917 VTD: 0053 89-8 VTD: 0063 FGl VTD: 0064 FG2 VTD: 0068 FG6
Commission-Council District: 5
RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0009.
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Block(s): 602, 606, 607, 608, 609, 610, 612, 613 VTD: 0006 3A VTD: 0007 3B VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0016 6A VTD: 0017 6B VTD: 0018 6C VTD: 0023 8B (Part)
Tract: 0016. Block(s): 503A, 601, 602, 603, 604, 605A, 902, 903A, 904, 905A
VTD: 0024 8C (Part) Tract: 0012. Block(s): 401, 404, 405 Tract: 0016. Block(s): 903B, 911A, 912
VTD: 0027 85-2 (Part) Tract: 0105.08 Block(s): 101, 102, 123, 124 Tract: 0105.10 Block(s): 101
VTD: 0028 85-3 (Part) Tract: 0105.06 Block(s): 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 615, 617, 618, 619, 620, 622, 623, 624
VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 (Part)
Tract: 0105.07 Block(s): 303, 310, 311, 312, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 417, 419, 420, 421, 423, 424, 425, 426, 427, 501, 502, 503, 504, 505, 506, 507, 508, 521, 522
VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7 (Part)
Tract: 0105.07 Block(s): 304, 305, 306, 307, 308, 309
VTD: 0060 90-5 (Part) Tract: 0016. Block(s): 503B, 504, 513, 901B
Commission-Council District: 6
RICHMOND COUNTY VTD: 0001 1 (Part) Tract: 0006. Block(s): 301, 302, 303, 304, 314, 315, 316, 317, 318, 319, 320, 321, 322,
323, 403, 404, 405, 406, 407, 408, 409, 410, 411, 504, 505, 508, 509, 510, 511, 513, 514, 515, 516, 517 Tract: 0106.
Block(s): 101A, 119A, 205A, 206, 314, 315, 316, 317, 318, 319, 320A, 320B, 322
TUESDAY, MARCH 24, 1992
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VTD: 0003 2 VTD: 0008 4 VTD: 0026 85-1 VTD: 0027 85-2 (Part)
Tract: 0105.11 Block(s): 201, 313, 314, 315, 316, 317, 318, 319, 320, 327, 328, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917
VTD: 0030 86-2 VTD: 0034 86-6 (Part)
Tract: 0109.02 Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 225, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 417, 418, 419, 422, 423, 424, 425, 428, 429, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 484, 485
VTD: 0036 86-8 VTD: 0039 88-1
For purposes of this subsection: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commission-council district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Richmond County which is not included in any commission-council district described in this subsection shall be included within that commission-council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Richmond County which is described in this subsection as being included in a particular commission-council district shall nevertheless not be included within such commission-council district if such part is not contiguous to such commission-council district. Such noncontiguous part shall instead be included within that commission-council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (b) Except as otherwise provided, all members of the commission-council except the chairman-mayor shall be full voting members of the commission-council."
Section 3. Said Act is further amended by striking in its entirety subsection (e) of Section 2, which reads as follows:
"(e) As used in subsection (a) of this section, 'House District' means representative districts of the Georgia House of Representatives specified in Code Section 28-2-1 of the O.C.G.A., as such Code section existed on July 1, 1983.", and inserting in lieu thereof the following:
"(e) There shall be two commissioners-councilpersons elected by majority vote to represent each commission-council district to be designated as Seats 1 and 2."
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Section 4. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) It shall be the duty of the election superintendent of Richmond County to call and conduct a special election in Richmond County on Tuesday following the first Monday in November, 1992, for the purpose of electing the members of the Augusta-Richmond County Commission-Council created by this Act. At least 29 days shall intervene between the date of the issuance of the call and the date of the election. Except as otherwise provided in this section, the special election shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(b) (1) The commissioners-councilpersons elected to represent Seat 1 of Commission-Council Districts 1, 2, 3, 4, 5, and 6, respectively, shall be elected at such election and they shall take office on the first day of January, 1993, for a term of office of four years each and until their successors are elected and qualified.
(2) Those members of the Board of Commissioners of Richmond County representing Commissioner Districts 3, 5, and 6, whose terms of office expire December 31, 1994, shall continue to serve for the remainder of their terms and shall be deemed to represent Seat 2 of Commission-Council Districts 2, 3, and 1, respectively.
(3) The commissioners-councilpersons elected to represent Seat 2 of CommissionCouncil Districts 4, 5, and 6, respectively, shall be elected at such election, and they shall take office on the first day of January, 1993, for initial terms of office of two years each and until their successors are elected and qualified. (c) Thereafter, members of the commission-council shall be elected at the general election immediately preceding the expiration of their terms of office and they shall take office on the first day of January immediately following their election for terms of four years each and until their successors are elected and qualified. (d) Successors to each member of the commission-council shall be nominated and elected by a majority vote of the voters voting within each respective commission-council district in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. (e) Primaries, regular, and special elections shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' As used in said Code, the terms 'election' or 'general election' shall be construed to include the term 'regular election' as provided in subsection (f) of this section. (f) Regular elections for elective public officers of Augusta-Richmond County shall be held every two years on the same Tuesday in November when regular state elections are held. (g) All special elections shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' that governs the conduct of county elections."
Section 5. Said Act is further amended by striking Section 4 and inserting in lieu thereof the following:
"Section 4. The chairman-mayor shall be elected at large by a 45 percent plurality vote in a partisan election. In instances where no candidate receives a 45 percent plurality vote, a run-off primary or election between the candidates receiving the two highest number of votes shall be held no later than 21 days after the preceding primary or election. The candidate receiving the highest number of votes cast in such election shall be declared the winner. The first chairman-mayor shall be elected at the special election conducted in November, 1992. The chairman-mayor shall be elected for an initial term of office of four years beginning on January 1, 1993, and until his or her successor is elected and qualified. Thereafter, successors to the chairman-mayor shall be elected at the general election immediately preceding the expiration of his or her term of office and he or she shall take office on the first day of January immediately following his or her election for a term of office of four years and until his or her successor is elected and qualified."
Section 6. Said Act is further amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
TUESDAY, MARCH 24, 1992
3157
"Section 5. (a) (1) The chairman-mayor who is elected at the special election in November, 1992, and successors in that office shall be the chief executive officer of Richmond County and the City of Augusta. The chairman-mayor shall possess and exercise the following executive and administrative powers and duties:
(A) To preside at all meetings of the commission-council and vote only in cases of a tie vote to break such ties;
(B) To serve as the official head of Richmond County and the City of Augusta for the service of process and for ceremonial purposes;
(C) To administer oaths and to take affidavits; (D) To sign all written contracts entered into by the commission-council on behalf of Richmond County and the City of Augusta and all other contracts and instruments executed by the county and city which by law are required to be in writing; (E) To ensure that all laws, ordinances, and resolutions of Richmond County and the City of Augusta are faithfully executed; (F) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the commission-council; (G) To nominate persons for all positions connected with the commission-council except for members of boards, commissions, and authorities. Such nominations shall be approved by a vote of the commission-council; and (H) The chairman-mayor shall be considered full time and he or she shall receive an annual salary of $45,000.00. Future changes in the salary and expenses of the chairman-mayor shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. (2) The chairman-mayor shall not be eligible to seek reelection to the office of chairman-mayor after serving two consecutive four-year terms until the expiration of four years following the completion of the second four-year term of office. (3) The chairman-mayor shall not be empowered to veto ordinances, resolutions, or other actions of the commission-council. (b) The members of the commission-council shall elect a chairman-mayor pro ternpore at their first regular meeting in January of each even-numbered year. The chairman-mayor pro tempore shall preside at commission-council meetings in the absence of the chairman-mayor and perform such other duties as may be entrusted to the office of the chairman-mayor pro tempore by action of the commission-council. The chairman-mayor pro tempore shall nominate members to serve on boards, commissions, and authorities subject to the approval of the commission-council. The chairman-mayor pro tempore shall receive additional compensation as may be fixed by the commissioncouncil. The chairman-mayor pro tempore shall be limited to serving two consecutive two-year terms. The chairman-mayor pro tempore shall continue to be a full voting member of the commission-council when serving in the capacity of chairman-mayor pro tempore."
Section 7. Said Act is further amended by adding a new Section 14A to read as follows:
"Section 14A. (a) It is the express policy of the commission-council that all citizens have equal opportunity for employment, promotion, and appointment by the commission-council. It is further the express policy of the commission-council that all persons shall have equal opportunity for conducting business with the commissioncouncil.
(b) In furtherance of the policies stated in subsection (a), the commission-council shall employ a person as director of equal employment and minority business opportunities. This position shall have an initial staff of three assistants and a secretary and more thereafter as the commission-council may from time to time determine, and the duties of such persons shall include the following:
(1) To advise the commission-council and its officers of the need for minority appointments to boards, commissions, and authorities and the availability of qualified minority citizens to so serve;
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(2) To advise the commission-council and its officers on ways and means to promote and increase business relations between the commission-council and minorityowned firms and businesses;
(3) To advise the commission-council on ways and means to promote minority business opportunities within the jurisdiction of the commission-council and to implement such programs as the commission-council may adopt to promote minority business opportunities; and
(4) Such other duties and responsibilities as the commission-council may determine."
Section 8. Said Act is further amended by striking subsection (a) of Section 15 and inserting in lieu thereof the following:
"(a) After the election but prior to the taking of office of those elected, a transition task force shall be composed which shall consist of three current city councilmembers, three current county commissioners, three legislative members of the Richmond County delegation, and four citizens of Richmond County appointed by the members of the legislative delegation."
Section 9. Said Act is further amended by adding a new Section 16A to read as follows:
"Section 16A. Blythe and Hephzibah, Georgia, shall have the continuing option to conduct referenda according to law to surrender their charters and become a part of the consolidated government. Until such time as either elects to become a part of the consolidated government, these communities shall be taxed for urban services on an at-cost basis when applicable."
Section 10. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Richmond County shall call and conduct an election for the purpose of submitting this Act to the electors of Richmond County for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which creates a board of commissionerscouncilpersons consisting of 12 members and a chairman-mayor to administer, govern, and operate a reorganized government in Richmond County?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section.
The expense of such election shall be borne by Richmond County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 11. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Richmond County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 12. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Williams of the 90th, et al. move to amend the Committee substitute to HB 1838 as follows:
TUESDAY, MARCH 24, 1992
3159
On page 10, delete lines 10-23 and replace with the following:
(2) The Commissioner-Council persons elected to represent Seat 2 of CommissionCouncil Districts 1, 2, 3, 4, 5 and 6, respectively, shall be elected at such election, and they shall take office on the first day of January, 1993, for initial terms of office of two years each or until their successors are elected and qualified.
On page 16, delete lines 11 and 12 and replace with the following:
...on such date this Act shall be suspended until repealed in its entirety or until it has been determined finally that the Act would violate the Voting Rights Act of 1965.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 2133.
By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor.
The following amendment was read and adopted:
Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st move to amend HB 2133 by adding on line 6 of page 1 between the words and symbol "matters;" and "to" the following:
"to provide an effective date;".
By striking lines 11 through 14 of page 3 and inserting the following:
"Section 3. This Act shall become effective on January 1, 1993."
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 102, nays 17.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Brown of the 88th and Howard of the 85th wish to be recorded as voting "nay" on HB 1838 and HB 2133.
All Local Bills were ordered immediately transmitted to the Senate.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
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JOURNAL OF THE HOUSE,
The Senate has agreed to the House amendments to the following Bill of the Senate:
SB 618. By Senators Ragan of the 10th, Gillis of the 20th, English of the 21st and others:
A bill to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to water resources, so as to create the Governor's Ground-water Advisory Council; to provide for the appointment of members; to provide for terms of office and filling vacancies in office; to provide for the appointment of a chairman; to provide for payment for travel and expenses; to provide duties and functions of such council.
The Senate has agreed to the House substitute to the following Resolution of the Senate:
SR 407. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of water, utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, DeKalb, Emanuel, Floyd, Johnson, Monroe, Pulaski, and Washington counties, Georgia; to provide an effective date.
The Senate has agreed to the House substitute to the Senate substitute to the following Bill of the House:
HB 1672.
By Representatives Coker of the 21st and Aiken of the 21st:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the compensation of the chairman.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 1549. By Representatives Oliver of the 53rd, Baker of the 51st, Colwell of the 4th, Byrd of the 153rd, Hamilton of the 124th and others:
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 repeal a certain definition; to change the provisions relating to certain duties of the Council of Juvenile Court Judges.
The Senate has disagreed to the House substitute to the following Bill of the Senate:
SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th:
A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative findings and purpose; to define certain terms.
The Senate has agreed to the House amendment to the following Bills of the Senate:
TUESDAY, MARCH 24, 1992
3161
SB 667. By Senator Steinberg of the 42nd:
A bill to provide that each resident of the DeKalb County School District who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County School District ad valorem taxes, including taxes to retire bonded indebtedness.
SB 668. By Senator Steinberg of the 42nd:
A bill to provide that each resident of DeKalb County who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County ad valorem taxes, including taxes to retire bonded indebtedness but excluding county school district taxes.
The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:
SB 680. By Senators Steinberg of the 42nd, Shumake of the 39th, Johnson of the 47th and others:
A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide for enforcement of commitments to participate in the Georgia Medicaid program by certain institutional health services; to provide for penalties; to provide an effective date.
The Senate insists on its substitute to the following Bill of the House:
HB 1607. By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of probation or suspension of sentence, to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations of probation, so as to provide that defendants shall not in the same or related sentences be sentenced to both prison and probation.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:
HB 1145. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain fees for motor vehicle special and prestige license plates; to change certain fees for a motor vehicle title; to provide for an additional impact fee for vehicles previously titled outside this state; to change certain fees for driver's licenses, probationary licenses, instruction permits, and identification cards; to change certain reinstatement fees.
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JOURNAL OF THE HOUSE,
HB 1319.
By Representative Barnett of the 10th:
A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected.
HB 1366.
By Representative Royal of the 144th:
A bill to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to change the composition of the education districts.
HB 1706. By Representative Randall of the 101st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to the surrender of principal by surety when the court is in session; to change the provisions relating to when bond forfeiture occurs.
HB 1987. By Representative Smith of the 78th:
A bill to amend an Act creating the Board of Commissioners of Lamar County, so as to change the composition of the commissioner districts from which members of the board of commissioners are elected.
HB 1988. By Representative Smith of the 78th:
A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to change the composition of education districts from which members of the board of education are elected.
HB 2007. By Representatives Parham of the 105th and Lord of the 107th:
A bill to amend an Act creating a board of commissioners of Baldwin County, so as to provide for the election of board members from commissioner districts from which members of the board are elected.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 848. By Senator Walker of the 22nd:
A bill to amend an Act regulating public instruction for the County of Richmond, as amended, so as to reapportion the districts for election of members of the board of education; to provide for elections pursuant to such reapportionment of districts; to provide for definitions; to provide for terms of office.
SB 863. By Senator Ray of the 19th:
A bill to amend an Act providing for the election of members of the Telfair County Board of Education from education districts, as amended, so as to provide that vacancies on the board shall be filled by special election if the unexpired term is more than 180 days; to provide that vacancies shall be filled by majority vote of the board if the unexpired term is 180 days or less; to provide for a referendum.
TUESDAY, MARCH 24, 1992
3163
SB 864. By Senators Thompson of the 33rd, Newbill of the 56th and Clay of the 37th:
A bill to amend an Act entitled the "Cobb County Community Improvement District Act," as amended, so as to clarify the purpose of this Act; to provide for the life of a district and for procedures to extend the life of a district.
SB 865. By Senator Dean of the 31st:
A bill to provide for homestead exemptions from Polk County ad valorem taxes for county purposes and from Polk County School District ad valorem taxes for educational purposes and to reduce bonded indebtedness for certain residents of that county and school district; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for a referendum; to provide for applicability.
HB 1615. By Representative Skipper of the 116th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to provide new commissioner districts.
HB 1619. By Representative Skipper of the 116th:
A bill to amend an Act to create the Sumter County Public School System, so as to provide new Education Districts.
HB 1633.
By Representatives Alford of the 57th and Pettit of the 19th:
A bill to amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission, so as to provide that the jurisdiction of the Public Service Commission shall not extend to persons or companies engaged in the retail sale of natural gas to the public for use as a fuel in motor vehicles.
HB 1712.
By Representative Martin of the 26th:
A bill to amend an Act establishing a municipal court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court.
HB 1737. By Representative Banner of the 131st:
A bill to amend an Act providing a new charter for the City of Smithville, so as to provide that the city council shall be composed of four members.
HB 1777. By Representatives Sinkfield of the 37th, Martin of the 26th, Orrock of the 30th, Canty of the 38th, Holmes of the 28th and others:
A bill to amend an Act entitled "An Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County," so as to provide that under certain circumstances such ad valorem tax collected for the Atlanta Board of Education shall be paid to the Atlanta Board of Education within a certain time.
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JOURNAL OF THE HOUSE,
HB 1926. By Representatives Sinkfield of the 37th, Redding of the 50th, Thomas of the 55th, Williams of the 54th, Thomas of the 31st and others:
A bill to amend an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, so as to provide that revenue received by the City of Atlanta from school and educational ad valorem taxes shall be paid to the Atlanta Board of Education or, by agreement, paid into the city treasury to be remitted monthly to the board of education or used for such board of education.
HB 1954. By Representatives Walker of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city.
HB 1972.
By Representatives Alford of the 57th, Irwin of the 57th, Teper of the 46th, Henson of the 57th, Oliver of the 53rd and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to provide for the corporate limits of said city.
HB 2021. By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners of Jasper County, so as to reapportion the commissioner districts.
HB 2023. By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts.
HB 2026.
By Representatives Dixon of the 128th, Merritt of the 123rd, Pelote of the 127th, Hamilton of the 124th and Mueller of the 126th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.
HB 2063.
By Representative Barnett of the 10th:
A bill to provide a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or permanently disabled.
HB 2067.
By Representative Beatty of the 12th:
A bill to provide a homestead exemption from all City of Jefferson and City of Jefferson Independent School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that city and school district who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over.
HB 2068.
By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th:
A bill to amend an Act creating the Board of Commissioners of Thomas County, so as to change the composition of the commissioner districts from which members of the board of commissioners are elected.
TUESDAY, MARCH 24, 1992
3165
HB 2074. By Representative Carrell of the 65th:
A bill to amend an Act changing the manner and method of choosing members of the board of education of Walton County, so as to provide new education districts.
HB 2076. By Representatives Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for an additional homestead exemption.
HB 2079. By Representative Floyd of the 135th:
A bill to amend an Act changing the method of compensating the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner of Crisp County from the fee system to an annual salary basis, so as to revise provisions relative to the compensation of the tax commissioner.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:
HB 1146. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, collection, and assessment of the state sales and use tax, so as to provide for a limitation on the amount of the reimbursement deduction allowed to dealers for collecting such tax.
HB 1106. By Representatives Lane of the 27th, Benefield of the 72nd, Barnett of the 10th, Smith of the 78th and Skipper of the 116th:
A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by political subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 848. By Senator Walker of the 22nd:
A bill to amend an Act regulating public instruction for the County of Richmond, as amended, so as to reapportion the districts for election of members of the board of education; to provide for elections pursuant to such reapportionment of districts; to provide for definitions; to provide for terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.
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JOURNAL OF THE HOUSE,
SB 863. By Senator Ray of the 19th:
A bill to amend an Act providing for the election of members of the Telfair County Board of Education from education districts, as amended, so as to provide that vacancies on the board shall be filled by special election if the unexpired term is more than 180 days; to provide that vacancies shall be filled by majority vote of the board if the unexpired term is 180 days or less; to provide for a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 864. By Senators Thompson of the 33rd, Newbill of the 56th and Clay of the 37th:
A bill to amend an Act entitled the "Cobb County Community Improvement District Act," as amended, so as to clarify the purpose of this Act; to provide for the life of a district and for procedures to extend the life of a district.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 865. By Senator Dean of the 31st:
A bill to provide for homestead exemptions from Polk County ad valorem taxes for county purposes and from Polk County School District ad valorem taxes for educational purposes and to reduce bonded indebtedness for certain residents of that county and school district; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for a referendum; to provide for applicability.
Referred to the Committee on State Planning & Community Affairs - Local.
Representative Dover of the llth moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:
SB 672. By Senators Gillis of the 20th, Huggins of the 53rd, Marable of the 52nd and others:
A bill to amend Code Section 27-4-52 of the Official Code of Georgia Annotated, relating to trout waters without seasons, so as to add certain streams; to delete one stream.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty
Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D 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 E 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 Holland Y Holmes
Howard Y Hudson
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 Mann Y Martin
TUESDAY, MARCH 24, 1992
3167
Y McBee 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
Y Oliver.M
YOrr Y Orrock
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 Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T
On the motion, the ayes were 152, nays 0. The motion prevailed.
Y Smith,W Y Smyre
Snow
Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend
Y Turnquest Twiggs
Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr
Representatives Padgett of the 86th, Powell of the 13th, Snow of the 1st and Thurmond of the 67th 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 Mills of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
Representative Reaves of the 147th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:
SB 256. By Senators Langford of the 35th and Walker of the 43rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer.
On the motion, the roll call was ordered and the vote was as follows:
N Abernathy N Adams N Aiken N Alford N Ashe Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M N Bates N Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch N Breedlove
Y Brooks N Brown
Y Brush N Buck
N Buckner NByrd N Campbell N Canty N Carrell
Carter Y Cauthorn
N Chafin Y Chambless N Cheeks Y Childers N Clark.E Y Clark,L N Coker Y Coleman N Colwell Y Connell N Culbreth Y Cummings.B Y Cummings.M N Davis,D Y Davis.G N Davis.M
Y Dixon.H N Dixon,S
Y Dobbs Y Dover NDunn
Edwards N Elliott
Felton Y Fennel N Floyd,J.M Y Floyd,J.W
N Flynt Y Godbee Y Golden N Goodwin E Green Y Greene N Griffin N Groover
Hamilton N Hammond Y Manner Y Harris.B N Harris,J N Heard Y Henson
N Herbert
Y Holland Y Holmes N Howard Y Hudson
Irwin Y Jackson N Jamieson Y Jenkins N Jones Y Kilgore YKing
N Kingston N Klein NLadd
N Lane.D N Lane.R Y Langford N Lawrence N Lawson YLee YLong NLord Y Lucas NMann N Martin
Y McBee
N McCoy McKelvey McKinney.B McKinney,C
Y Meadows Y Merritt N Milam
Mills N Mobley N Moody N Morsberger N Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry Y Pettit
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JOURNAL OF THE HOUSE,
N Pinholster Y Pinkston N Poag N Porter Y Poston
Powell.A Y Powell.C N Presley N Purcell Y Randall Y Ray
Y Reaves Redding
N Ricketson Y Royal
Selman N Sherrill N Simpson Y Sinkfield
Skipper N Smith.L N Smith,?
Smith.T Smith.W Y Smyre N Snow Stancil.F N Stancil.S Stanley Streat N Taylor Y Teper N Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert
Townsend Y Turnquest
Twiggs Y Valenti N Vaughan Y Walker,J
Y Walker.L Y Wall Y Watson N Watts Y White N Wilder N Williams.B Y Williams.J Y Williams.R N Yeargin
Murphy.Spkr
On the motion, the ayes were 81, nays 77. The motion prevailed.
Representative Hamilton of the 124th 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 Streat of the 139th 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 Resolution of the Senate was withdrawn from the Committee on Health and Ecology and referred to the Committee on Rules:
SR 373. By Senators Walker of the 22nd, Johnson of the 47th, Brown of the 26th and others:
A resolution creating the Governor's Commission on Long-term Care.
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 1607.
By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of probation or suspension of sentence, to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations of probation, so as to provide that defendants shall not in the same or related sentences be sentenced to both prison and probation.
Representative Colwell of the 4th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1607 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 Colwell of the 4th, Groover of the 99th and Bostick of the 138th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
TUESDAY, MARCH 24, 1992
3169
SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th:
A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative findings and purpose; to define certain terms.
Representative Patten of the 49th moved that the House insist on its position in substituting SB 543.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 590. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to planning and development, so as to change the composition of the Governor's Development Council; to modify the powers and duties of such council; to assign the council to the Department of Community Affairs for administrative purposes; to provide for technical support to the council; 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 98, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 701. By Senators Edge of the 28th, Garner of the 30th, Deal of the 49th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance issued to certain business entities; to provide for rules and regulations.
The following Committee substitute was read and adopted:
A BILL
To amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to provide for the apportionment and assignment of rejected workers' compensation policies covering vendors of logging services or associations of such vendors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, is amended by
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JOURNAL OF THE HOUSE,
striking Code Section 34-9-133, relating to the apportionment and assignment of rejected workers' compensation insurance risks, in its entirety and inserting in its place a new Code Section 34-9-133 to read as follows:
"34-9-133. (a) The board shall prescribe the rules and regulations for apportioning rejected workers' compensation policies and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Commissioner of Insurance is authorized to establish or approve a method to apportion on a pro rata basis any rejected workers' compensation policy where four insurers duly authorized to write workers' compensation insurance refused, in writing, to issue the workers' compensation policy to cover said risk or where the agent for the applicant for such insurance confirms in writing to the four insurers their refusal to cover said risk. In formulating this method of assignment, a minimum loss ratio will be considered by the Commissioner of Insurance. Then, such established or approved method shall immediately assign an insurer to write such risk. Where such assignment has been made under the aforementioned method, the board shall not make the assignment.
(b) The method of apportioning and assigning rejected workers' compensation insur^ ance policies provided in subsection (a) of this Code section shall include the assignment and apportionment of such policies covering vendors who provide logging services to a named insured or covering an association of such vendors."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 724. By Senator 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 provide for approval of assumption reinsurance agreements; to provide definitions; to provide for notice requirements to policyholders; to provide for notice to the Commissioner of Insurance; to provide for the transfer of risks or obligations under an insurance contract following policyholder consent.
The following Committee substitute was read and adopted:
A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for approval of assumption reinsurance agreements; to provide definitions; to provide for notice requirements to policyholders; to provide for notice to the Commissioner of Insurance; to provide for approval by the Commissioner; to provide for the transfer of risks or obligations under an insurance contract; to provide for the discretion of the Commissioner to approve transfers under certain circumstances; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by adding immediately following Chapter 51, the "Georgia Basic Health Insurance Plan," a new chapter to be designated Chapter 52 to read as follows:
TUESDAY, MARCH 24, 1992
3171
"CHAPTER 52
33-52-1. (a) This chapter shall apply to any insurer authorized or doing business in this state which transfers or assumes the obligations or risks on contracts of insurance written or assumed in this state to or from another insurer pursuant to an assumption reinsurance agreement.
(b) This chapter shall not apply to: (1) Any reinsurance agreement or transaction in which the ceding insurer contin-
ues to remain directly liable for its insurance obligations or risks under the contracts of insurance subject to the reinsurance agreement;
(2) The substitution of one insurer for another upon expiration of insurance coverage pursuant to statutory or contractual requirements and the issuance of a new contract of insurance by another insurer;
(3) The transfer of contracts of insurance pursuant to mergers or consolidations of two or more insurers to the extent that those transactions are regulated by statute;
(4) Any insurer subject to a judicial order of liquidation or rehabilitation; or .(5) Any contract controlled by a state guaranty association or a state insolvency pool. 33-52-2. As used in this chapter: (1) 'Assuming insurer' means the insurer which acquires an insurance obligation or risk from the transferring insurer pursuant to an assumption reinsurance agreement. (2) 'Assumption reinsurance agreement' means any contract which both:
(A) Transfers insurance obligations or risks of existing or in-force contracts of insurance from a transferring insurer to an assuming insurer; and
(B) Is intended to effect a novation of the transferred contract of insurance with the result that the assuming insurer becomes directly liable to the policyholders of the transferring insurer and the transferring insurer's insurance obligations or risks under such contracts are extinguished. (3) 'Contract of insurance" means any written agreement between an insurer and policyholder pursuant to which the insurer, in exchange for a premium or other consideration, agrees to assume an obligation or risk of the policyholder or to make payments on behalf of or to the policyholder or its beneficiaries; it shall include all property, casualty, life, health, accident, accident and sickness, surety, title, and annuity business authorized to be written pursuant to the provisions of this title. (4) 'Notice of transfer' means the written notice to policyholders required by subsection (a) of Code section 33-52-3. (5) 'Policyholder' means any individual or entity which has the right to terminate or otherwise alter the terms of a contract of insurance. It includes any person issued a group certificate under a group insurance contract if the certificate vests in such person, separate from the rights of the group contractholder, rights against the insurer that the group contractholder may not terminate. The right to keep the policy in force referred to in this chapter shall not include the right to elect individual coverage under the federal consolidated Omnibus Budget Reconciliation Act (COBRA) Section 601, et seq., of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Section 1161, et seq. or under continuation and conversion provisions found in Chapter 24 of this title. (6) 'Transferring or ceding insurer' means the insurer which transfers or cedes an insurance obligation or risk to an assuming insurer pursuant to an assumption reinsurance agreement. 33-52-3. (a) (1) The transferring insurer shall provide or cause to be provided to each policyholder by first-class mail, addressed to the policyholder's last known address or to the address to which premium notices or other policy documents are sent, a notice of transfer; provided, however, that, upon application by the transferring insurer, the Commissioner may approve an alternative method of notification. The notice of transfer shall state or provide the following:
(A) A detailed statement explaining the reason or reasons for the transfer; (B) The date the transfer and novation of the policyholder's contract of insurance is proposed to take place;
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JOURNAL OF THE HOUSE,
(C) The names, addresses and telephone numbers of the assuming and transferring insurers;
(D) That the policyholder may reject the transfer and novation; (E) The procedure and time limit for rejecting the transfer and novation;
(F) A summary of any effect that rejecting the transfer and novation will have on the policyholder's rights including, for participating policyholders, dividend payments or payments under the contract of insurance;
(G) The states in which the assuming insurer is licensed; (H) T,he name and address of the person at the transferring insurer to whom the policyholder should send its written statement of rejection of the transfer and novation; and
(I) The address of the insurance department where the policyholder resides so that the policyholder may contact its insurance department for further information regarding the financial condition of the assuming insurer.
(2) The Commissioner may prescribe the form of the notice to be delivered to policyholders.
(3) The notice of transfer shall include a pre-addressed postage-paid response card which a policyholder may return as its written statement of rejection of the transfer and novation.
(b) Prior approval by the Commissioner is required for any transaction before an insurer assumes or transfers obligations or risks on contracts of insurance in this state under an assumption reinsurance agreement.
33-52-4. (a) Every policyholder shall have the right to reject the transfer and novation of his or her contract of insurance. Policyholders electing to reject the assumption transaction shall provide the transferring insurer with the pre-addressed, postage-paid
response card or other written notice that the assumption is rejected no later than 60 days after the date on which the transferring insurer mails the notice required under
subsection (a) of Code Section 33-52-3. If the ceding insurer does not receive written rejection within the 60 day period, it shall send a second notice in accordance with subsection (a) of Code Section 33-52-3. If the ceding insurer does not receive a rejection
within 30 days after the date of mailing, the policyholder shall be deemed to have accepted the transfer.
(b) The transferring insurer will be deemed to have received the response card or
other written notice on the date it is postmarked. A policyholder may also send its response card or other written notice by facsimile or other electronic transmission or by certified mail, express delivery, personal delivery, or courier service, in which case the
response card or other written notice shall be deemed to have been received by the assuming insurer on the date of actual receipt by the transferring insurer.
(c) If the transferring company is deemed by the Commissioner to be in hazardous condition or is under a supervision order, rehabilitation, liquidation, conservation, or receivership and the transfer of policies is in the best interest of the policyholders as
determined by the Commissioner, a transfer may be effected notwithstanding the provisions of this chapter. This may include adequate notification to the policyholder of the circumstances requiring the transfer as approved by the Commissioner.
33-52-5. If a transfer takes place pursuant to Code Section 33-52-4, there shall be a novation of the contract of insurance subject to the assumption reinsurance agreement
with the result that the transferring insurer shall thereby be relieved of all insurance obligations or risks transferred under the assumption reinsurance agreement and the assuming insurer shall become directly and solely liable to the policyholder for those insurance obligations or risks.
33-52-6. (a) The Commissioner shall approve or disapprove the entire assumption reinsurance transaction. The following items shall be submitted to the Commissioner:
(1) A detailed statement explaining the reason or reasons for the transfer; (2) The assumption reinsurance agreement;
(3) The certificate of assumption; (4) If either the ceding company or the assuming company is not domiciled in Georgia, copies of the approvals of the entire transaction by the insurance supervisory officials of the states of domicile of the ceding and assuming insurers; and
TUESDAY, MARCH 24, 1992
3173
(5) A statement as to what provision has been made for servicing those policyholders who have rejected the transfer. However, the Commissioner may permit 100 percent reinsurance without novation of these risks with the servicing of those policyholders to be done by the assuming company or may order the transfer and novation of all of the contracts of insurance under the assumption reinsurance agreement. (b) When seeking the Commissioner's approval of an assumption of a participating business by a stock or mutual company, the applicant should address the disposition of the accumulated surplus connected with the block of business and the level of future dividends. (c) If protection under the Georgia Insurers Insolvency Pool, the Georgia Life and Health Insurance Guaranty Association, or a similar state guaranty association or insolvency pool will be lost or reduced, the Commissioner shall not approve the assumption of any policy unless the transfer of policies is in the best interest of the policyholders."
Section 2. This Act shall become effective on October 1, 1992, and shall apply to all assumption reinsurance agreements entered into on or after October 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 677. By Senator Walker of the 22nd:
A bill to amend Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to requirements of individual policies of accident and sickness insurance, so as to provide that payments for certain services payable under individual policies of accident and sickness insurance shall be paid directly to the provider of such services subject to the written direction of insured; to provide for notice to providers when payment is made to the insured.
The following Committee substitute was read:
A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, so as to authorize the Commissioner of Insurance to establish by regulation a uniform or standard claim form to be supplied by insurers for use by insureds in filing claims under accident and sickness insurance policies; to provide that the Commissioner shall file and maintain on file a true copy of such form; to provide for applicability; to provide for the payment of benefits by certain persons licensed under Title 33 to licensed nonparticipating or nonpreferred providers who have rendered services; to provide for a discharge of obligation; to provide for notice; to provide an exception; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding immediately following Code Section 33-24-10, relating to the grounds for disapproval of forms, a new Code Section 33-24-10.1 to read as follows:
"33-24-10.1. The Commissioner is authorized to establish by rule or regulation a standard or uniform claim form to be supplied by insurers on and after January 1, 1994,
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JOURNAL OF THE HOUSE,
to their insureds for the purpose of filing claims under policies or contracts of accident and sickness insurance. The Commissioner shall file and maintain on file in the office of the Commissioner a true copy of the standard or uniform claim form designated as such and bearing the Commissioner's authenticating signature and the date of filing."
Section 2. Said article is further amended by adding at the end thereof a new Code section, to be designated Code Section 33-24-54, to read as follows:
"33-24-54. (a) Notwithstanding any provisions of Code Sections 33-1-3, 33-1-5, and 33-24-17 and Chapter 20 of this title or any other provisions of this title which might be construed to the contrary, whenever an accident and sickness insurance policy, subscriber contract, or self-insured health benefit plan, by whatever name called, which is issued or administered by a person licensed under this title provides that any of its benefits are payable to a participating or preferred provider of health care services licensed under the provisions of Chapter 4 of Title 26 or of Chapter 9, 11, 30, 34, 35, or 39 of Title 43 for services rendered, the person licensed under this title shall be required to pay such benefits either directly to any similarly licensed nonparticipating or nonpreferred provider who has rendered such services, has a written assignment of benefits, and has caused written notice of such assignment to be given to the person licensed under this title or jointly to such nonparticipating or nonpreferred provider and to the insured, subscriber, or other covered person; provided, however, that in either case the person licensed under this title shall be required to send such benefit payments directly to the provider who has the written assignment. When payment is made directly to a provider of health care services as authorized by this Code section, the person licensed under this title shall give written notice of such payment to the insured, subscriber, or other covered person.
(b) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by participating or preferred providers and nonparticipating or nonpreferred providers as otherwise authorized under the provisions of Code Sections 33-30-20 through 33-30-27.
(c) Payments made by a person licensed under this title under subsection (a) of this Code section to a nonparticipating or nonpreferred provider or jointly to the provider and the insured, subscriber, or other covered person shall discharge such person's obligation with respect to the amount so paid.
(d) The provisions of this Code section shall not apply to credit insurance, disability income insurance, or limited accident and sickness policies such as hospital indemnity policies, specified disease policies, limited accident policies, or similar limited policies."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Dunn of the 73rd and Lawson of the 9th move to amend the Committee substitute to SB 677 as follows:
1. Add a new Section 3 to read as follows:
"Section 3. This Act shall become effective on July 1, 1992."
2. Renumber subsequent sections appropriately.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
TUESDAY, MARCH 24, 1992
3175
Y Abernathy Adams
Y Aiken Y Alford Y Ashe 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 N Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Dc/is,D Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover
Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris.J
Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin N Jackson N 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 Y Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows
Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett 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 Presley Y Purcell Y Randall
Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper N Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre Y Snow
Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond N Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs N Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall 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 155, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representatives Thurmond of the 67th, Felton of the 22nd and Oliver of the 53rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
By unanimous consent, SB 677 was ordered immediately transmitted to the Senate.
SB 720. By Senators Johnson of the 47th and Garner of the 30th:
A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions relating to the qualifications for members of the Municipal Gas Authority of Georgia to allow employees of a gas department of a political subdivision to be members; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe 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 Cauthorn Y Chafin Y Chambless Y Cheeks
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JOURNAL OF THE HOUSE,
Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell
Culbreth Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobhs Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Flovd,,!.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,.; Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee YLong YLord Y Lucas YMann Y Martin Y McBee
Y McCoy Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham
Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley 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 Y Smyre YSnow
Stancil.F Y Stancil.S
Stanley
Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y 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 165, nays 0 The Bill, having received the requisite constitutional majority, was passed.
Representative Thurmond of the 67th 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 693. By Senators Perdue of the 18th, Johnson of the 47th and Garner of the 30th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and other health care facilities, so as to provide that the Department of Human Resources shall promulgate procedures to govern the granting of waivers for personal care homes.
The following amendment was read and adopted:
Representatives Kingston of the 125th, Lawson of the 9th and Hamilton of the 124th move to amend SB 693 by adding on line 5 of page 1 immediately after the word and symbol "homes;" the following:
"to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the 'Georgia Hospice Law,' so as to authorize registered professional nurses licensed in this state and employed by a licensed hospice to make the determination and pronouncement of the death of a hospice patient under certain circumstances; to provide for policies and procedures relative thereto; to provide for exceptions; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to authorize certain registered professional nurses to complete and sign certain certificates under certain circumstances; to amend the provisions relating to criteria for determining death and immunity from liability; to repeal conflicting laws; and for other purposes."
By designating current Section 2 as Section 4.
By inserting between lines 21 and 22 on page 1 the following:
TUESDAY, MARCH 24, 1992
3177
"Section 2. Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the 'Georgia Hospice Law,' is amended by adding, following Code Section 31-7-176, a new Code Section 31-7-176.1 to read as follows:
'31-7-176.1. When a patient who is terminally ill or whose death is anticipated and who is receiving hospice care from a licensed hospice dies, a registered professional nurse licensed in this state and employed by such hospice at the time of apparent death of such person, in the absence of an attending physician, may make the determination and pronouncement of the death of said patient; provided, however, that, when a hospice patient is a registered organ donor, only a physician may make the determination or pronouncement of death. Such determination or pronouncement shall be made in writing on a form approved by the commissioner of human resources."
Section 3. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking subsection (a) of Code Section 31-10-16, relating to the criteria for determining death, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) A person may be pronounced dead by a qualified physician^ or by a registered professional nurse authorized to make a pronouncement of death under Code Section 31-7-176.1, if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function, or (2) irreversible cessation of all functions of the entire brain, including the brain stem.'"
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 Ashe Y Atkins Y Baker Y Balkcora Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Y Conneli Y Culbreth
Y Cummings.B Y Cummings,M Y Davis.D 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 E Green Y Greene Y Griffin
Groover Y Hamilton
Hammond
Y Hanner Y Harris.B
Y Harris,J
Y Heard Y Henson Y Herbert
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford
Lawrence Y Lawson Y Lee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee 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 Presley 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
Snow Stancil.F Y Stancil.S
Y Stanley Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus
Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker.J Y Walker.L
Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr
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JOURNAL OF THE HOUSE,
On the passage of the Bill, as amended, the ayes were 165, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Thurmond of the 67th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:
SB 567. By Senators Walker of the 43rd and Garner of the 30th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office.
Representative Hanner of the 137th moved that the House insist on its position in amending SB 567.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 1319. By Representative Barnett of the 10th:
A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected.
The following Senate substitute was read:
A BILL
To provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board; to provide for the election of the members of the board; to provide for a chairman and vice-chairman; to provide for districts; to provide for qualifications, terms of office, duties, and compensation of members of the board; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide for computation of the election results by the superintendent; to provide for a referendum; to repeal specified Acts and a specified amendment to the Constitution; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) The Board of Education of Forsyth County shall be composed of five members who shall be elected as provided in this Act. At the first meeting of the board in each year, the members shall elect from their number a chairman and a vice-chairman to serve for that year. The members of the Board of Education of Forsyth County in office on the effective date of this Act, and any person selected to fill a vacancy in such office, shall continue to serve for the remainder of the terms for which they were elected.
(b) For the purpose of electing the members of said board of education at the statewide general election in 1992 and thereafter, the Forsyth County School District shall be divided into five education districts as follows:
TUESDAY, MARCH 24, 1992
3179
Education District: 1
FORSYTH COUNTY VTD: 0007 CUMMINGS VTD: 0010 MIDWAY (Part) Tract: 1304. Block(s): 229, 233, 234, 308, 309
Education District: 2
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 217, 218, 219, 220, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250
Education District: 3
FORSYTH COUNTY VTD: 0005 COAL MOUNTAIN (Part) Tract: 1302. Block(s): 234, 264, 265, 268 Tract: 1304. Block(s): 106, 107, 108, 113, 115 VTD: 0009 MATT (Part) Tract: 1302. Block(s): 220, 222, 223 VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 237 Tract: 1304. Block(s): 235, 236, 307, 326, 327 VTD: 0011 SAWNES
Education District: 4
FORSYTH COUNTY VTD: 0004 CHESTATEE (Part) Tract: 1301. Block(s): 132, 134, 136, 137, 139, 145, 146, 149, 150, 151, 152, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 175, 196, 197, 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323 Tract: 1305. Block(s): 101, 102, 103, 105, 106, 107, 114, 115, 116 VTD: 0005 COAL MOUNTAIN (Part) Tract: 1301. Block(s): 128, 189, 190 Tract: 1302. Block(s): 207, 208, 209, 210, 235, 236, 237, 238, 239, 240, 241, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 269, 270, 271, 272, 273, 274, 275, 276 Tract: 1304. Block(s): 109, 110, 111, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 140C, 140D, 141A, 141B VTD: 0006 CROSSROADS VTD: 0009 MATT (Part)
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Tract: 1302. Block(s): 110, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 156, 157, 158, 159, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 228, 229, 230, 231, 232, 233
Education District: 5
FORSYTH COUNTY VTD: 0003 CHATTAHOOCHE VTD: 0004 CHESTATEE (Part) Tract: 1301. Block(s): 135, 140, 141, 142, 143, 144, 147, 148, 173, 174, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 309, 310, 311 Tract: 1305. Block(s): 104, 108, 109, 110, 111, 112, 113, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 VTD: 0008 MASHBURN
For purposes of this section: (1) The terms "Tract," "Block," and "VTD" shall mean and describe the same
geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term "Precinct" is synonymous with the term "voting precinct" and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(5) Any part of the Forsyth County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of the Forsyth County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) In order to be eligible to hold office as a member of said board, a person must be a resident of the Forsyth County School District and the education district from which such person is offering as a candidate for at least one year immediately preceding the election. All elections under this Act shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
Section 2. The members of the Board of Education of Forsyth County shall be elected from education districts by the voters voting in the entire Forsyth County School District.
TUESDAY, MARCH 24, 1992
3181
Section 2A. One member shall be elected to the Board of Education of Forsyth County from each education district by the voters voting in only the education district from which such candidate offers.
Section 3. (a) The first members of the board of education elected under this Act from Education Districts 3, 4, and 5 shall be elected at the general election in November, 1992, and shall take office on the first day of January following their election for terms of four years and until their respective successors are elected and qualified.
(b) The first members of the board of education elected under this Act from Education Districts 1 and 2 shall be elected at the general election in 1994 and shall take office on the first day of January following their election for terms of four years and until their respective successors are elected and qualified.
(c) Thereafter, successors to all members of the board of education whose terms of office are to expire shall be elected at the general election immediately preceding the expiration of such terms and shall take office on the first day of January following their election for terms of four years and until their respective successors are elected and qualified.
Section 4. (a) The chairman of the Board of Education of Forsyth County shall receive as compensation the sum of $150.00 per month, payable only from tax funds available to the county board of education for educational purposes.
(b) Members of the board of education other than the chairman shall receive as compensation the sum of $100.00 per month, payable only from tax funds available to the county board of education for educational purposes.
Section 5. (a) In addition to amounts received as compensation, the chairman and each member of the Board of Education of Forsyth County shall receive a per diem expense allowance of $59.00, up to a maximum of four days per month.
(b) While traveling inside or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, the chairman or the members shall receive reimbursement for actual expenses necessarily incurred in connection therewith.
(c) Any amounts paid under this section shall be paid only from tax funds available to the county board of education for educational purposes.
Section 6. (a) Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Forsyth County to submit this Act to the United States Attorney General for approval.
(b) If, as of the first date upon which candidates for the board of education from Education Districts 3, 4, and 5 may begin qualifying for the general primary in 1992, implementation of this Act under the federal Voting Rights Act of 1965, as amended, is:
(1) Permissible, then Sections 1 and 8 of this Act shall become effective immediately and those candidates from Education Districts 3, 4, and 5 and all future candidates from each education district shall qualify from the newly described districts specified in Section 1 of this Act; or
(2) Not permissible, then Sections 1 and 8 of this Act shall not become effective, except as provided in subsection (c) of this section, and those candidates from Education Districts 3, 4, and 5 shall qualify from the existing education districts and not from those specified in Section 1 of this Act. (c) If, pursuant to paragraph (2) of subsection (b) of this section, Sections 1 and 8 of this Act have not become effective but, on or before the first date upon which candidates from Education Districts 1 and 2 may begin qualifying for the general primary in 1994, implementation of this Act under the federal Voting Rights Act of 1965, as amended, is:
(1) Permissible, then Sections 1 and 8 of this Act shall become effective upon such first date for qualifying in 1994, and those candidates from Education Districts 1 and 2 and all future candidates from each education district shall qualify from the newly described education districts specified in Section 1 of this Act; or
(2) Not permissible, then this Act shall be void and stand repealed on that date.
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JOURNAL OF THE HOUSE,
(d) For purposes of the first election of candidates to the board of education from Education Districts 3, 4, and 5 to be held at the general election in November, 1992, each candidate shall qualify for election from the education district in which such candidate resides as such district is determined pursuant to subsection (b) of this section. The election superintendent shall place the names of all candidates for such districts on the general primary ballot for submission county wide to all the electors of the Forsyth County School District but shall count the votes cast for such candidates according to whether Section 2 or 2A of this Act becomes effective pursuant to Section 7 of this Act.
Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Forsyth County shall call and conduct an election as provided in this section for the purpose of submitting Section 2 of this Act to the electors of the Forsyth County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in 1992 and shall issue the call therefor not less than 30 nor more than 60 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 Forsyth County. The ballot shall have written or printed thereon the words:
"( ) YES Shall Section 2 of an Act be approved which provides for the continuing election of the members of the Board of Education of Forsyth County by
( ) NO the voters of the entire county?"
All persons desiring to vote for approval of Section 2 of the Act shall vote "Yes," and those persons desiring to vote for rejection of such provision of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Section 2 of the Act, it shall become of full force and effect immediately and Section 2A of this Act shall not become effective and shall be automatically repealed. If Section 2 of the Act is not so approved, if implementation of Section 2 of the Act is not permissible under the federal Voting Rights Act of 1965, as amended, or if the election is not conducted as provided in this section, Section 2 shall not become effective and shall be automatically repealed, and Section 2A of this Act shall become of full force and effect immediately.
The expense of such election shall be borne by Forsyth County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 8. The following are repealed in their entirety: (1) An amendment to the Constitution providing for the election of members of
the Board of Education of Forsyth County proposed by Resolution Act No. 159 (House Resolution No. 478-1190) of the 1964 General Assembly (Ga. L. 1964, p. 975), which was duly ratified at the 1964 general election and an Act to continue said amendment in force and effect as a part of the Constitution of the State of Georgia, approved March 18, 1985 (Ga. L. 1985, p. 3704);
(2) An Act changing the composition of the districts from which members of the Board of Education of Forsyth County are elected, approved March 29, 1983 (Ga. L. 1983, p. 4481); and
(3) An Act providing for the compensation of the chairman and members of the Board of Education of Forsyth County, approved March 27, 1985 (Ga. L. 1985, p. 4411), as amended by an Act approved April 4, 1991 (Ga. L. 1991, p. 4191).
Section 9. Except as otherwise provided in Sections 6 and 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Barnett of the 10th moves to amend the Senate substitute to HB 1319 by striking lines 28 and 29 of page 7 in their entirety and inserting in lieu thereof the following:
TUESDAY, MARCH 24, 1992
3183
"(2) Not permissible, then all provisions of this Act shall be void and stand repealed on that date, except that if implementation of Section 2 of this Act under the federal Voting Rights Act of 1965, as amended, has been permissible and such section has been approved at a referendum as provided in Section 7 of this Act, Section 2 of this Act shall be and remain effective.".
Representative Barnett of the 10th moved that the House agree to the Senate substitute, as amended by the House, to HB 1319.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 660. By Senators Kidd of the 25th and Foster of the 50th:
A bill to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to change the provisions relating to the general powers of regional development centers; to expand the powers of such centers; to provide an effective date.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to authorize regional development centers to create nonprofit corporations; to provide for conditions and limitations; to provide for audits; to authorize certain expenditures; to amend Code Section 14-3-140 of the Official Code of Georgia Annotated, relating to definitions regarding nonprofit corporations, so as to change a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, is amended by adding at the end of Code Section 50-8-35, relating to general powers of regional development centers, a new subsection (f) to read as follows:
"(f) (1) In order to accomplish the intent of subsection (e) of this Code section, each center is authorized to create nonprofit corporations to administer federal or state revolving loan programs or loan packaging programs. Each such nonprofit corporation must be authorized by the center's board and each unit of local government affected.
(2) Employees and any other authorized representatives of a nonprofit corporation created pursuant to paragraph (1) of this subsection are authorized to expend nonpublic funds of such corporation for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the nonprofit corporation to discuss the location or development of new business, industry, or tourism within the center's region. All such expenditures shall be verified by vouchers showing date, place, purpose, and persons for whom such expenditures were made. The state auditor shall conduct an audit of such expenditures at least once every 12 months.
(3) A nonprofit corporation shall keep books of account reflecting all funds received, expended, and administered by the nonprofit corporation which shall be independently audited at least once in each fiscal year during which a nonprofit corporation functions. The auditor's report shall be presented to the commissioner and
3184
JOURNAL OF THE HOUSE,
he shall make such report available to each board member within the region and to the Board of Community Affairs. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each nonprofit corporation shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. The department shall conduct a performance audit of each nonprofit corporation at least once every three years."
Section 2. Code Section 14-3-140 of the Official Code of Georgia Annotated, relating to definitions regarding nonprofit corporations, is amended by striking paragraph (13) and inserting in its place a new paragraph (13) to read as follows:
"(13) 'Entity' includes corporation and foreign corporation; business corporation and foreign business corporation; profit and nonprofit unincorporated association; business trust, estate, partnership, trust, two or more persons having a joint or common economic interest; eatA state, United States, and foreign government; and regional development center solely for the purpose of implementing subsection (f) of Code Section 50-8-35."
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 Ashe Y Atkins Y Baker Y Balkcom Y Barfoot N Bargeron
Y Barnett.B Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M N Davis.D
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
Y Flynt N Godbee Y Golden Y Goodwin E 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 Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Y Long Y Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett
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 Presley 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 Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 158, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Thurmond of the 67th and Fennel of the 155th 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.
TUESDAY, MARCH 24, 1992
3185
SB 594. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to proof in general, so as to provide for blood samples for DNA analysis upon conviction of certain sex offenses; to provide the procedures for the withdrawal of blood samples; to provide the procedures for conducting DNA analysis of blood samples; to provide for a DNA data bank exchange system; to provide the penalties for any unauthorized uses of the DNA data bank and forensic samples.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy
Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcorn Y 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
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs 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 E Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert
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 YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee YLong YLord
Lucas Y Mann
Martin Y McBee
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
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Smith.L Y Smith,?
Y Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F
Y Stancil.S Stanley
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
Walker.L Y Wall Y Watson Y Watts
White Y Wilder
Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representatives Randall of the 101st and Thurmond of the 67th 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 723. By Senator Pollard of the 24th:
A bill to amend Code Section 34-9-152 of the Official Code of Georgia Annotated, relating to the application to the Commissioner of Insurance for a certificate of authority to establish a workers' compensation group self-insurance fund, so as to impose restrictions on the ability of counties and municipalities to create such funds; to provide an effective date.
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JOURNAL OF THE HOUSE,
The following amendment was read:
The Committee on Insurance moves to amend SB 723 by striking lines 1 through 5 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to authorize the approval of workers' compensation health benefits pilot projects; to authorize rules and regulations; to provide standards for such pilot projects; to provide for the revocation of approval of such pilot projects; to provide for reports to the General Assembly; to impose restrictions on the ability of counties and".
By striking lines 9 through 15 of page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding immediately following Code Section 34-9-122, relating to the type of workers' compensation insurance policy required to be issued, a new Code Section 34-9-122.1 to read as follows:
'34-9-122.1. (a) Notwithstanding any provision of this chapter to the contrary, workers' compensation health benefits pilot projects are authorized under the provisions of this Code section.
(b) The Commissioner of Insurance shall adopt rules to enable employers and employees to enter into agreements to provide the employees with workers' compensation medical payments benefits through comprehensive health insurance that covers workplace injury and illness. The Commissioner of Insurance shall review all pilot project proposals and may approve a proposal only if it confers medical benefits upon injured employees substantially similar to benefits available under this chapter. The Commissioner shall revoke approval if the pilot project fails to deliver the intended benefits to the injured employees.
(c) The comprehensive health insurance may provide for health care by a health maintenance organization or a preferred provider organization. The premium must be paid entirely by the employer. The program may use deductibles, coinsurance, and copayment by the employees not to exceed $5.00 per visit or $50.00 maximum per occurrence.
(d) The Commissioner of Insurance shall report annually to the standing committees of the General Assembly having jurisdiction over insurance and labor matters by November 1 on the status of any pilot projects approved by the Commissioner.'
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 34-9-152, relating to the application to the Commissioner of Insurance for a certificate of authority to establish a workers' compensation group self-insurance fund, in its entirety and inserting in its place a new subsection (b) to read as follows:".
By striking on line 10 of page 2 the following:
"Section 2.",
and inserting in lieu thereof the following:
"Section 3.".
By striking on line 13 of page 2 the following:
"Section 3.",
and inserting in lieu thereof the following:
"Section 4.".
TUESDAY, MARCH 24, 1992
3187
The following amendment was read and adopted:
Representative Dunn of the 73rd moves to amend the Committee amendment to SB 723 by striking the numeral "5" on line 3 of page 1 and inserting in lieu thereof the numeral "6".
By striking line 13 of page 1 and inserting in lieu thereof the following: "on the ability of counties and municipalities to create a workers' compensation group self-insurance fund; to provide an effective".
The Committee amendment, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe 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 Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis.D 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 E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J
Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Long Y Lord
Lucas YMann Y Martin Y McBee 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
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 Presley 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
Standl.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall 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.
Representative Thurmond of the 67th 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 Senate was withdrawn from the Committee on State Planning and Community Affairs - Local and referred to the Committee on Banks and Banking.
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JOURNAL OF THE HOUSE,
SB 839. By Senator Thompson of the 33rd:
A bill to amend Code Section 7-1-601 of the Official Code of Georgia Annotated, relating to branch banks, so as to revise the population figure describing counties in which are located parent banks authorized to establish branch banks within certain adjacent counties.
Representative Dunn of the 73rd 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 465 Do Pass
Respectfully submitted, Isl Dunn of the 73rd
Chairman
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1666. By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd, Jones of the 71st, Taylor of the 94th and others:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed.
The following Senate amendment was read:
Amend HB 1666 by adding on line 4 of page 3 after "(e)" and before the word "For" the following:
By striking the quotation marks at the end of line 9 of page 3.
By adding between lines 9 and 10 of page 3 the following:
"(2) In cases of group life insurance, a claim shall be deemed to have been filed on the date that the insurer receives the information provided in paragraph (1) of this subsection and receives from the group policyholder written evidence of eligibility for cover-
Representative Culbreth of the 97th moved that the House disagree to the Senate amendment to HB 1666.
The motion prevailed.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Health and Ecology and referred to the Committee on Judiciary:
TUESDAY, MARCH 24, 1992
3189
SB 815. By Senators Edge of the 28th and Broun of the 46th:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to further describe legislative intent; to modify certain requirements that two physicians concur in a determination that a person is a candidate for nonresuscitation; to change the definition of "medically futile"; to clarify a patient's presumption of consent; to clarify consent provisions regarding authorized persons.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:
HB 1340. By Representative Hanner of the 131st:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts.
HB 1657.
By Representative Hanner of the 131st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia.
The Senate has disagreed to the House substitute to the following Bill of the Senate:
SB 10. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a municipal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 568. By Senator Garner of the 30th:
A bill to amend Code Section 40-2-69 of the Official Code of Georgia Annotated, relating to free license plates and revalidation decals for certain disabled veterans, so as to provide that a veteran who is otherwise eligible for a free license plate as a result of disability shall qualify for a free license plate if such veteran owns or jointly with his or her spouse owns the motor vehicle.
The report 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.
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JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
SB 681. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others:
A bill to amend Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a longterm care facility, so as to provide for additional notices if a facility intends to cease to continue to participate in the Medicaid program; to provide for transfer planning and requirements related to transfers, discharges, and planning therefor; to provide an effective date.
The following substitute, offered by Representative Wilder of the 21st, was read:
A BILL
To amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide that certain nursing homes shall not be required to obtain a certificate of need; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, is amended by adding a new subsection at the end of Code Section 31-6-40, relating to certificate of need requirements, to be designated subsection (e), to read as follows:
"(e) Nursing homes which are licensed pursuant to Chapter 27 of Title 43 shall not be required to obtain a certificate of need under this article."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:
N Abernathy N Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker N Balkcom N Barfoot N Bargeron N Barnett,B Y Barnett.M N Bates Y Beatty N Benefield Y Birdsong N Blitch N Bordeaux
Bostick N Branch Y Breedlove N Brooks Y Brown
Brush N Buck N Buckner N Byrd
Y Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers Y Clark.E Y Clark.L Y Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B
Cummings.M Y Davis.D
Y Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover
Dunn N Edwards
Y Elliott N Felton N Fennel N Floyd,J.M
Floyd,J.W N Flynt N Godbee N Golden Y Goodwin E Green
N Greene N Griffin Y Groover N Hamilton
N Hammond Manner
N Harris.B
N Harris.J Y Heard N Henson
N Herbert N Holland N Holmes N Howard N Hudson
N Irwin N Jackson
N Jamieson N Jenkins Y Jones N Kilgore N King Y Kingston Y Klein YLadd N Lane.D N Lane.R N Langford Y Lawrence N Lawson NLee N Long
YLord Lucas
YMann N Martin N McBee N McCoy N McKelvey
McKinney.B McKinney.C N 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 Y Parham N Parrish N Patten Y Pelote N Perry
Pettit Y Pinholster N Pinkston N Poag N Porter N Poston Y Powell.A N Powell.C Y Presley N Purcell N Randall
TUESDAY, MARCH 24, 1992
3191
N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield
N Skipper N Smith.L N Smith.P N Smith.T Y Smith.W Y Smyre N Snow
N Stancil.F Y Stancil.S
N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond
Y Titus
Y Tolbert Y Townsend N Turnquest N Twiggs N Valenti Y Vaughan N Walker,J N Walker.L N Wall
N Watson N Watts
White Y Wilder N Williams,B N Williams,J Y Williams.R N Yeargin
Murphy ,Spkr
On the adoption of the Floor substitute, the ayes were 46, nays 120. The Floor substitute 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 Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron N Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
Y Buck Y Buckner YByrd Y Campbell N Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis.D 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
E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Y Hanner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter
Y Poston Y Powell.A Y Powell.C
Y Presley 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 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 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 3. The Bill, having received the requisite constitutional majority, was passed.
Representative Cummings of the 134th 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 message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
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JOURNAL OF THE HOUSE,
The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House:
HB 1319. By Representative Barnett of the 10th:
A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected.
The Speaker announced the House in recess until 1:30 o'clock, this afternoon.
TUESDAY, MARCH 24, 1992
3193
AFTERNOON SESSION
The Speaker Pro Tern called the House to order.
By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the committee:
HR 1135. By Representatives Canty of the 38th, Thurmond of the 67th, Davis of the 29th, Sinkfield of the 37th, Merritt of the 123rd and others:
A resolution urging the State of Georgia to reform the electoral system for superior court judges by providing for single-member judicial districts and by abolishing the majority vote requirement.
Referred to the Committee on Judiciary.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HR 947. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A resolution urging the amendment of the federal Commercial Motor Vehicle Safety Act of 1986.
The following Committee substitute was read and adopted:
A RESOLUTION
Urging the amendment of the federal Commercial Motor Vehicle Safety Act of 1986; and for other purposes.
WHEREAS, the Commercial Motor Vehicle Safety Act of 1986 was passed by the United States Congress and signed by the President; and
WHEREAS, the commercial driver's license provisions of this act were applied to local government public works vehicles, sanitation vehicles, and school buses; and
WHEREAS, the act was intended to require long-distance truckers to meet tougher licensing requirements; and
WHEREAS, these tougher requirements were aimed at making the interstate and four-lane highways of our nation safer; and
WHEREAS, local government public works vehicles, sanitation vehicles, and school buses rarely leave their jurisdictions; and
WHEREAS, local government public works vehicles, sanitation vehicles, and school buses do not transport goods on the interstate system; and
WHEREAS, the costs and inconvenience to local governments caused by this act are considerable; and
WHEREAS, local governments have expressed their concern about local government drivers being included in the act; and
WHEREAS, the Surface Transportation Subcommittee of House Public Works Committee is taking testimony on this act; and
3194
JOURNAL OF THE HOUSE,
WHEREAS, Congressman Ben Jones and Congressman John Lewis both sit on this committee.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body urges the House Public Works Committee to take appropriate action to exempt drivers of local government and local school board vehicles from the commercial driver's license provisions of the federal Commercial Motor Vehicle Safety Act of 1986.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Congressman Ben Jones, Congressman John Lewis, and the Public Works Committee of the United States House of Representatives.
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 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted by substitute.
SB 384. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th:
A bill to amend Code Section 15-6-93, relating to office hours of the clerks of the superior courts, so as to change the provisions relating to office hours.
The following Committee substitute was read:
A BILL
To amend an Act providing certain additional compensation for the clerk of the superior court of all counties of this state having a certain population, approved April 12, 1982 (Ga. L. 1982, p. 4536), so as to change the population figure in said Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing certain additional compensation for the clerk of the superior court of all counties of this state having a certain population, approved April 12, 1982 (Ga. L. 1982, p. 4536), is amended by striking Section 1 and inserting the following:
"Section 1. In all counties of this state having a population of not less than 32,300 nor more than 34,000 according to the United States decennial census of 1990 or any future such census, the clerk of the superior court shall receive as compensation the amount of $1,200.00 per annum payable in equal monthly installments from the funds of the county. The compensation provided for herein shall be in addition to any other compensation authorized for any such clerk by other general laws or by local law."
Section 2. This Act shall become effective on July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and lost:
Representative Poag of the 3rd moves to amend the Committee substitute to SB 384 as follows:
By adding a new Section 2 to read as follows:
TUESDAY, MARCH 24, 1992
3195
"Section 2. In all counties of the State, the Clerk of the Superior Court shall receive as compensation the amount of $1,200.00 per annum payable in equal monthly installments from the funds of the county. The compensation shall be in addition to any other compensation authorized for any such clerk by other general laws or by local laws."
And by renumbering Section 2 as Section 3.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 604. By Senator Broun of the 46th:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change the provisions relating to exceptions from the provisions of such chapter for certain meetings.
The following Committee substitute was read:
A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for notice of agenda of special meetings; to provide for telecommunications conference; to provide for access to meetings relating to the performance of public employees; to provide for votes to be taken in public; to redefine the standard for awarding attorney's fees; to redefine "public records" and "agency"; to provide for access to certain vital records; to provide for charges for the production of computer information; to provide what disclosure is not required; to provide that certain exhibits shall not be open to inspection; to repeal Code Section 50-18-74, relating to unlawful refusal to provide access to public records; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (d) of Code Section 50-14-1, relating to meetings open to the public, and inserting in lieu thereof the following:
"(d) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted and maintained in a conspicuous place available to the public at the regular meeting place of the agency. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. Whenever any meeting required to be open to the public is to be held at a time or place other than at the time and place prescribed for regular meetings, the agency shall give due notice thereof. 'Due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and giving of written or oral notice at least 24 hours in advance of the meeting to the legal organ in which notices of sheriffs sales are published in the county where regular meetings are held or at the option of the agency to a newspaper having a general circulation in said county at least equal to that of the legal
3196
JOURNAL OF THE HOUSE,
organ. When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours' notice upon giving such notice of the meeting and subjects expected to be considered at the meeting as is reasonable under the circumstances including notice to said county legal organ or a newspaper having a general circulation in the county at least equal to that of the legal organ, in which event the reason for holding the meeting within 24 hours and the nature of the notice shall be recorded in the minutes. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately make the information available upon inquiry to any member of the public. Any oral notice required or permitted by this subsection may be given by telephone."
Section 2. Said title is further amended by adding a new subsection (f) to Code Section 50-14-1, relating to meetings open to the public, to read as follows:
"(f) An agency with state-wide jurisdiction shall be authorized to conduct meetings by telecommunications conference, provided that any such meeting is conducted in compliance with this chapter."
Section 3. Said title is further amended by striking paragraph (6) of Code Section 50-14-3, relating to excluded proceedings, and inserting in lieu thereof the following:
"(6) Meetings when discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, er performance or periodic evaluation or rating of a public officer or employee but not when receiving evidence or hearing argument on charges filed to determine disciplinary action or dismissal of a public officer or employee. The vote on any matter covered by this subsection shall be taken in public and minutes of the meeting as provided in this chapter shall be made available. Meetings by an agency to discuss or take action on the filling of a vacancy in the membership of the agency itself shall at all times be open to the public as provided in this chapter; and".
Section 4. Said title is further amended by striking subsection (b) of Code Section 50-14-5, relating to jurisdiction to enforce chapter on open meetings, and inserting in lieu thereof the following new subsections:
"(b) fe ay action brought te enforce the provisions of this chapter, if the court shall determine that the action constituting the violation was completely without merit as te
ef litigation reasonably incurred in bringing the action, ff the court shall determine that
action brought to enforce the provisions of this chapter in which the court determines that an agency acted without substantial justification in not complying with this chapter, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought.
(c) Any agency or person who provides access to information in good faith reliance on the requirements of this chapter shall not be liable in any action on account of having provided access to such information."
Section 5. Said title is further amended by striking Code Section 50-18-70, relating to inspection of public records, and inserting in lieu thereof the following:
"50-18-70. (a) As used in this article, the term 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. 'Public records' shall also mean such items received by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure. It is the intent of this Code section to disallow an agency's placing or causing such items to be placed in the hands of a private person or entity for the purpose of avoiding disclosure. 'Agency' as used in this article shall be as defined in paragraph (1) of subsection (a) of Code Section 50-14-1.
TUESDAY, MARCH 24, 1992
3197
(b) All state, county, and municipal records, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.
(c) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three business days.
(d) No public officer or agency shall be required to provide access to public records which are to be used for commercial purposes. The requesting party shall sign a statement agreeing not to use information gathered pursuant to said request for commercial purposes. Commercial purposes shall not include news-gathering requests for information or legitimate research for educational, scientific, or public purposes. No public officer or agency shall be required to prepare reports, summaries, or compilations not in existence at the time of the request; provided, however, that parts of records subject to public disclosure should be made available as provided in subsection (g) of Code Section 50-18-72.
(e) In a pending proceeding under Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' or under any other administrative proceeding authorized under Georgia law, a party may not access public records pertaining to the subject of the proceeding pursuant to this article without the prior approval of the presiding administrative law judge, who shall consider such open record request m the same manner as any other request for information put forth by a party in such a proceeding."
Section 6. Said title is further amended by adding at the end of Code Section 50-18-71, relating to right of access to make photographs or reproductions, a new subsection (f) to read as follows:
"(f) Where information requested is maintained by computer, an agency may charge the public its actual cost of a computer disk or tape onto which the information is transferred and may charge for the administrative time involved as set forth in subsection (d) of this Code section."
Section 7. Said title is further amended by adding a new Code section immediately following Code Section 50-18-71 to read as follows:
"50-18-71.1. (a) Notwithstanding any other provision of this article, an exhibit tendered to the court as evidence in a criminal or civil trial shall not be open to public inspection without approval of the judge assigned to the case or, if no judge has been assigned, approval of the chief judge or, if no judge has been designated chief judge, approval of the judge most senior in length of service on the court.
(b) In the event inspection is not approved by the court, in lieu of inspection of such an exhibit, the custodian of such an exhibit shall, upon request, provide one or more of the following representations of the exhibit:
(1) A photograph; (2) A photocopy; (3) A facsimile; or (4) Another reproduction. (c) The provisions of subsections (b), (c), (d), and (e) of Code Section 50-18-71 shall apply to fees, costs, and charges for providing a photocopy of such an exhibit. Fees for providing a photograph, facsimile, or other reproduction of such an exhibit shall not exceed the cost of materials or supplies and a reasonable charge for time spent producing the photograph, facsimile, or other reproduction, in accordance with subsections (d) and (e) of Code Section 50-18-71."
Section 8. Said title is further amended in subsection (a) of Code Section 50-18-72, relating to when public disclosure is not required, by deleting "or" at the end of paragraph (6), by renumbering current paragraph (7) as paragraph (8), and by inserting a new paragraph (7) to read as follows:
"(7) Notwithstanding any other provision of this article, records that contain the names and resumes of applicants for employment as the executive head of an agency
3198
JOURNAL OF THE HOUSE,
as that term is defined in paragraph (1) of subsection (a) of Code Section 50-14-1, or of a unit of the University System of Georgia, shall not be required to be disclosed until the agency has made its selection from the list of applicants. Not less than ten days before the agency enters into an employment agreement with the person selected, the agency shall release all documents which came into its possession with respect to such applicant, unless exempted under some other provision of law, but shall not be required to release such records with respect to applicants who were not selected, except at the request of such applicants. Upon request, the hiring authority shall furnish the number of applicants and the composition of the list, such as race and sex. Further, the agency shall not be allowed to avoid the provisions of this paragraph by the employment of a private person or agency contracting to provide executive search services; or".
Section 9. Said title is further amended by striking subsection (b) of Code Section 50-18-73, relating to jurisdiction to enforce inspection of public records, and inserting in lieu thereof the following new subsections:
to Iflw OF iflct, tftc cotif* siisil Qwflrd to ttifr complsining pflrty Qttorney 9 tecs enses of iiti^ffltion reflsonftDiy incurred H^ unnging tne sclion. XT tftc court sti&n
srisll flwflrd to tne deiendflnt flttorney s tees find expenses ot litigfttion PCftsonsoly incurred. In any action brought to enforce the provisions of this chapter in which the court determines that either party acted without substantial justification either in not complying with this chapter or in instituting the litigation, the court shall, unless if finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought.
(c) Any agency or person who provides access to information in good faith reliance on the requirements of this chapter shall not be liable in any action on account of having provided access to such information."
Section 10. Said title is further amended by striking Code Section 50-18-74, relating to unlawful refusal to provide access to public records, which reads as follows:
"50-18-74. Any person who willfully refuses to provide access to public records as provided in Code Section 50-18-70 of this article or who refuses to allow the examination and copying of records as provided in Code Section 50-18-71 of this article shall be guilty of a misdemeanor.", and inserting in lieu thereof the following:
"50-18-74. Reserved."
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 12. 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, et al. move to amend the Committee substitute to SB 604 by striking lines 20 through 33 of page 7 and lines 1 through 7 of page 8 and inserting the following:
"(7) Notwithstanding any other provision of this article, an agency shall not be required to release those portions of records which would identify persons applying for or under consideration for employment or appointment as executive head of an agency as that term is defined in paragraph (1) of subsection (a) of Code Section 50-14-1, or of a unit of the University System of Georgia; provided, however, that at least 14 calendar days prior to the meeting at which final action or vote is to be taken on the position,
TUESDAY, MARCH 24, 1992
3199
the agency shall release all documents which came into its possession with respect to as many as three persons under consideration whom the agency has determined to be the best qualified for the position and from among whom the agency intends to fill the position. Prior to the release of these documents, an agency may allow such a person to decline being considered further for the position rather than have documents pertaining to the person released. In that event, the agency shall release the documents of the next most qualified person under consideration who does not decline the position. If an agency has conducted its hiring or appointment process open to the public, it shall not be required to delay 14 days to take final action on the position. The agency shall not be required to release such records with respect to other applicants or persons under consideration, except at the request of any such person. Upon request, the hiring agency shall furnish the number of applicants and the composition of the list by such factors as race and sex. Provided, further, the agency shall not be allowed to avoid the provisions of this paragraph by the employment of a private person or agency to assist with
the search or application process; or".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Ashe 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
Byrd
Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark,L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dijon.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 E Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond
Manner Y Harris.B Y HarrisJ
Y Heard Y Henson Y Herbert Y Holland
Y Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley
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
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil,F Y Stancil.S
Y Stanley 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
Walker,J Y Walker.L Y Wall 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 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
3200
JOURNAL OF THE HOUSE,
Representative Thurmond of the 67th 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, SB 604 was ordered immediately transmitted to the Senate.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 1261.
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 July 1, 1992 June 30, 1993.
The following Senate substitute was read:
A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1992, and ending June 30, 1993; 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, 1992, and ending June 30, 1993, 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 $8,175,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1993.
PART I.
LEGISLATIVE BRANCH
Section 1. General Assembly. Budget Unit: General Assembly..........................................................$
Personal Services - Staff ................................................................$ Personal Services - Elected
Officials .........................................................................................$ Regular Operating Expenses .........................................................$ Travel-Staff ...................................................................................$ Travel - Elected Officials...............................................................$ Capital Outlay .................................................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts -
Staff...............................................................................................$ Per Diem, Fees and Contracts -
Elected Officials...........................................................................$ Photography.....................................................................................$
22,411,097 11,146,359
3,580,623 2,630,225
88,600 7,000
0 165,500 481,000
5,000 675,000
233,174
2,200,816 65,000
TUESDAY, MARCH 24, 1992
3201
Expense Reimbursement Account., Total Funds Budgeted...................... State Funds Budgeted......................
1,132,800 22,411,097 22,411,097
Senate Functional Budgets
Total Funds
State Funds
Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total
$
3,837,266
$
616,148
$
1,136,626
$
5,590,040
3,837,266 616,148
1,136,626 5,590,040
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
$
8,660,286
$
459,445
$
1,165,060
$
10,284,791
8,660,286
459,445 1,165,060 10,284,791
Joint Functional Budgets
Total Funds
State Funds
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total
$
2,216,859
$
2,110,682
$
879,430
$
1,329,295
$
6,536,266
2,216,859 2,110,682
879,430 1,329,295 6,536,266
For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
3202
JOURNAL OF THE HOUSE,
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....................................................................!
15,064,878
12,780,662 386,144 521,650 108,000 9,550 802,995 39,000 311,177 105,700
15,064,878 15,064,878
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................!
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
4,756,766 4,139,471 1,302,295 5,441,766 4,756,766
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
5,674,761 4,875,761
849,000 5,724,761 5,674,761
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....................................................................!
44,577,133 43,100,523
1,775,565 150,112
98,451
1,053,758 7,800
46,186,209 44,577,133
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!
840,398
Section 7. Institute of Continuing
TUESDAY, MARCH 24, 1992
Judicial Education. Budget Unit: Institute of Continuing
Judicial Education..................................................$ Institute's Operations.....................................................................! Georgia Magistrate Courts
Training Council..........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial Administrative Districts for
Case Counting..............................................................................! Board of Court Reporting..............................................................! Payment to Council of Magistrate
Court Judges................................................................................! Payment to Council of Probate
Court Judges................................................................................! Payment to Council of State
Court Judges................................................................................! Payment to Resource Center.........................................................! Payment to Computerized
Information Network ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council......................................................................!
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .........................................$ Administration and Services Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts.........................,............................! Rents and Maintenance Expense .................................................$ Utilities.............................................................................................! Payments to DOAS Fiscal
Administration.............................................................................! Direct Payments to Georgia
Building Authority for
3203
634,322 498,322 136,000 634,322 634,322
1,992,485 1,117,744
76,500 97,845 26,000 20,000 12,000 240,000 660,000 2,250,089 1,992,485
136,969
2,066,712
33,297,928 45,857,789 11,490,680
258,940 74,480 1,516,525 8,962,845 3,701,067 2,820,365 481,325 10,751,716 38,550 2,500,000
3204
JOURNAL OF THE HOUSE,
Capital Outlay........................... Direct Payments to Georgia
Building Authority for Operations................................. Telephone Billings....................... Radio Billings............................... Materials for Resale..................... Public Safety Officers Indemnity Fund........................ Health Planning Review Board Operations................................. Total Funds Budgeted................. State Funds Budgeted.................
1,000,000
0 44,334,000
383,880
16,500,000
300,000
35,825 151,007,987 33,297,928
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
419,469 3,396,148
9,924,823
17,040,970 2,797,231
775,134
476,755 46,225,417 3,512,502 55,325,949 6,423,630
1,574,826 1,126,907 1,988,226 151,007,987
419,469 3,363,234
7,424,823
0 2,797,231
0
476,755 12,966,416
0 5,850,000
0 0 0 0 33,297,928
B. Budget Unit: Georgia Building Authority.................
Georgia Building Authority Budget: Personal Services............................ Regular Operating Expenses........ Travel............................................... Motor Vehicle Purchases.............. Equipment....................................... Computer Charges.......................... Real Estate Rentals....................... Telecommunications ...................... Per Diem, Fees and Contracts..... Capital Outlay ................................ Utilities............................................ Contractual Expense .................... Fuel................................................... Facilities Renovations and Repairs ................................. Total Funds Budgeted................... State Funds Budgeted...................
0
18,778,739 5,522,456
0 215,000 176,335 60,800
16,800 122,584 171,000
0 7,466,638
250,000 0
0 32,780,352
0
TUESDAY, MARCH 24, 1992
3205
Georgia Building Authority Functional Budgets
Total Funds
State Funds
Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total
$
1,789,409
$
5,123,835
$
4,377,845
$
5,177,790
!
394,619
!
5,117,849
!
9,159,533
$
1,639,472
!
0
$
32,780,352
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...................................
98,908
80,408 10,300 7,800
0 0 0 0 400 0 0 0 98,908 98,908
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
32,112,987
28,547,840 3,955,690
900,170 387,363 202,207 315,000 778,070 368,274 166,400 700,000
2,400,191
1,742,000 412,000 115,000 175,000
3206
JOURNAL OF THE HOUSE,
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......................
545,000
285,000 0
40,000 0
42,035,205 32,112,987
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
4,709,483 6,682,156 1,771,466 3,089,925 3,599,021 1,460,454 2,987,845
6,678,550 3,980,045 4,377,704
501,668 2,196,888 42,035,205
4,373,483 6,426,156 1,722,466 3,089,925 3,199,392 1,460,454 2,970,265
4,615,241 1,627,839
756,878 0
1,870,888 32,112,987
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......................................................
804,033 169,800
5,864 0
10,755 500 0
7,708 48,081 83,340 95,000 1,225,081
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..........................................................
7,182,118
5,942,956 288,747 318,019 88,792 17,138 245,830 225,000
TUESDAY, MARCH 24, 1992
3207
Telecommunications ..................................................... Per Diem, Fees and Contracts.................................... Total Funds Budgeted.................................................. State Funds Budgeted..................................................
51,136 4,500 7,182,118 7,182,118
Section 15. Department of Community Affairs. Budget Unit: Department of
Community Affairs............................... State Operations Budget:
Personal Services........................................................... Regular Operating Expenses....................................... Travel.............................................................................. Motor Vehicle Purchases............................................. Equipment...................................................................... Computer Charges......................................................... Real Estate Rentals...................................................... Telecommunications..................................................... Per Diem, Fees and Contracts.................................... Capital Felony Expenses.............................................. Contracts with Regional
Development Commissions...................................... Local Assistance Grants............................................... Appalachian Regional Commission
Assessment................................................................. Community Development Block
Grants (Federal)........................................................ Music Hall of Fame...................................................... Georgia Music Week Promotion................................. Local Development Fund............................................. Payment to State Housing
Trust Fund................................................................. Payment to Georgia Environmental Facilities Authority for
Operations .................................................................. Total Funds Budgeted.................................................. State Funds Budgeted..................................................
13,957,317
5,301,802 228,811 145,980 20,000 881 216,498 516,379 42,580 98,300 0
2,272,825 860,000
95,960
30,000,000 110,000 0 750,000
4,625,000
1,255,049 46,540,065 13,957,317
Department of Community Affairs Functional Budgets
Total Funds
State Funds
Executive and Administrative Government Management Financial Assistance Government Information Rural Development Coordinated Planning Total
$
10,675,273
$
1,143,491
$
31,875,681
$
1,292,746
$
419,350
$
1,133,524
$
46,540,065
9,354,273 1,138,491
899,181 1,242,746
398,350 924,276 13,957,317
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.......................................
500,185,145 361,152,097 52,317,841
2,265,442 2,903,000 3,842,407 4,548,356 4,765,190
3208
JOURNAL OF THE HOUSE,
Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay.................................................................................! Utilities .............................................................................................$ Court Costs.......................................................................................! County Subsidy ...............................................................................$ County Subsidy for Jails................................................................$ Central Repair Fund.......................................................................I Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities...................................................................! Payments to Public Safety
for Meals.......................................................................................$ Inmate Release Fund......................................................................$ Health Services Purchases.............................................................! Payments to MAG for Health
Care Certification........................................................................! University of Georgia -
Cooperative Extension Service Contracts.........................................................................! Minor Construction Fund..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! Georgia Correctional Industries............................,.......................! State Funds Budgeted....................................................................!
4,116,139 3,902,356
0 14,627,311
546,000 13,870,000 4,117,200
886,000
3,890,500
1,331,940
444,500 1,740,000 29,467,381
50,000
325,000 1,580,200 512,688,860
450,000 0
500,185,145
Departmental Functional Budgets
Total Funds
State Funds
Administration Institutions and Support Probation Total
$
46,702,599
! 372,682,221
!
93.304.040
$ 512,688,860
!
46,200,599
! 371,464,221
$
82,520,325
! 500,185,145
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........................
35,344,491
28,539,476 1,236,200 736,315 40,500 139,000 412,500 2,423,000 885,000 307,500 600,000 25,000
35,344,491 35,344,491
Section 17. Department of Defense. Budget Unit: Department of Defense ................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................!
3,813,260
6,133,228 4,169,788
22,460
TUESDAY, MARCH 24, 1992
3209
Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals ................... Telecommunications.................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted...............
0 33,300 3,700 4,740 68,500 476,400 10,912,116 3,813,260
Department of Defense Functional Budgets
Total Funds
State Funds
Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total
1,204,037 3,839,184
5,868,895 10,912,116
1,103,087 504,276
2,205,897 3,813,260
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......................................................................! Local Fair Share..............................................................................! Mid-Term Adjustment Reserve ....................................................$ QBE Grants Adjustment................................................................! Textbook - 7 Year Cycle................................................................! Textbook - Increased FTE Counts...............................................!
Other Categorical Grants: Equalization Formula.....................................,...............................! Sparsity Grants..................................................,.............................! In School Suspension......................................................................!
2,958,937,478
36,749,349 3,364,914 1,035,393
0 423,424 5,115,625 2,216,959 1,378,457 13,699,256 753,136 284,000
739,091,712 686,907,050 291,752,698 104,349,846
97,422,102 253,601,064 34,874,240 56,285,297
27,498,741 83,872,656 574,115,766 124,547,423 (594,798,416) 25,000,000
0 (36,920,019)
2,481,096
152,961,185 3,421,565 17,235,316
3210
JOURNAL OF THE HOUSE,
Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................? Non-QBE Grants:
Education of Children of LowIncome Families...........................................................................$
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped .........................................................................$
Tuition for the Multi-Handicapped.....................................................................$
Severely Emotionally Disturbed...................................................$ School Lunch (Federal)..................................................................$ School Lunch (State)......................................................................$ Supervision and Assessment of
Students and Beginning Teachers and PerformanceBased 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 & O....................................................................? 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)...........................................................? Transition Program for Refugees.................................................? Emergency Immigrant Education Program........................................................................................?
Title II Math/Science Grant
(Federal).......................................................................................?
Robert C. Byrd Scholarship
(Federal).......................................................................................?
Health Insurance - Non-Cert.
36,043,301 42,133,221
250,000
94,501,492
3,800,000
23,177,937
2,700,000 34,681,223 113,396,789 23,133,954
1,500,000
6,583,161
2,710,877 16,730,981
3,965,103 2,378,647
0 3,084,680
248,270
10,128,153 4,441,538
874,209 3,764,432
16,787,825
10,026,258
11,701,897 2,350,000 1,150,000
4,638,460 2,700,000
100,000
100,000
345,900
154,000
TUESDAY, MARCH 24, 1992
3211
Personnel and Retired Teachers...............................................$ Pre-School Handicapped Program ...............................................$ Mentor Teachers .............................................................................$ Pre-Kindergarten Program............................................................! Duty-Free Lunch.............................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
62,563,069 11,525,312
750,000 2,952,542 1,700,000 3,268,493,066
340,000 2,958,937,478
Education Functional Budgets
Total Funds
State Funds
State Administration Instructional Services Governor's Honors Program Administrative Services Special Services Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total
$
5,665,688
$
21,647,046
$
1,787,908
$
8,915,804
$
10,703,517
$
811,676
$ 3,203,472,553
$
4,694,740
$
6,524,971
$
4,269,163
$ 3,268,493,066
$
5,339,024
$
14,481,828
$
1,674,883
$
5,016,948
$
8,528,252
$
811,676
$ 2,908,473,265
$
4,499,655
$
6,333,684
$
3,778,263
$ 2,958,937,478
Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement
System ......................................................................$ Employees' Retirement System Budget:
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Benefits to Retirees ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
250,000
1,652,209 201,300 14,000 0 15,515 328,573 204,000 21,312 914,500 0
3,351,409 250,000
Section 20. Forestry Commission. Budget Unit: Forestry Commission....................................................! State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Contractual Research......................................................................! Ware County Grant for Southern
32,256,351
26,635,940 4,864,785
155,845 1,200,000 2,000,000
144,250 46,740 1,032,600 580,875
0
3212
JOURNAL OF THE HOUSE,
Forest World ................................................................................$
Ware County Grant for Road Maintenance.................................................................................$
Capital Outlay .................................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
5,000
85,000 200,000 36,951,035 32,256,351
Forestry Commission Functional Budgets
Total Funds
State Funds
Reforestation Field Services General Administration
and Support Total
$
1,720,819
$
32,800,770
$
2,429,446
$
36,951,035
$
0
$
29,973,215
$
2,283,136
$
32,256,351
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 ........................................................................I Telecommunications.......................................................................!
Per Diem, Fees and Contracts......................................................! Evidence Purchased........................................................................!
Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!
35,765,075
26,921,348 2,335,370
477,600 596,500 278,200 1,534,500 1,850,192 707,750 603,115 460,500
0 35,765,075 35,765,075
Georgia Bureau of Investigation Functional Budgets
Total Funds
State Funds
Administration
Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences
Total
$
3,078,940
$
8,180,747
!
10,734,754
$
6,449,300
!
7,321,334
!
35,765,075
!
3,078,940
$
8,180,747
$
10,734,754
!
6,449,300
$
7,321,334
!
35,765,075
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.........................................................................!
23,992,896 12,237,894
807,700 223,531
0
56,398 659,903
968,898 317,458 31,052,736
2,860,400 40,000
TUESDAY, MARCH 24, 1992
3213
Governor's Emergency Fund ......... Intern Stipends and Travel........... Art Grants of State Funds............. Art Grants of Non-State Funds.... Humanities Grant - State Funds., Art Acquisitions - State Funds...., Children and Youth Grants........... Juvenile Justice Grants.................. Payments to Hazardous Waste
Management Authority.............. Georgia Crime Victims
Assistance Program..................... Grants to Local Systems................ Grants - Local EMA....................... Grants - Other................................. Grants - Civil Air Patrol................ Grants - Disaster............................. Total Funds Budgeted.................... State Funds Budgeted....................
Office of the Governor Functional Budgets
Total 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 Children and Youth
Coordinating Council Human Relations Commission Governor's Commission on Drug
Awareness and Prevention Professional Standards
Commission Georgia Emergency Management
Agency Total
6,052,680
849,450
5,664,874 3,538,877 2,227,048 29,909,311
242,710
528,540
576,458
1,782,809 209,056
411,445
3,258,256
3,491,529 58,743,043
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....................................................................
3,000,000 152,280
2,639,501 232,211 42,800 0 95,000
1,363,725
518,408
100,000 290,000 1,044,200
0 40,000
0 58,743,043 23,992,896
State Funds
$
6,052,680
$
739,450
$
5,664,874
$
3,003,199
$
2,227,048
$
290,969
$
90,560
$
528,540
$
345,512
$
502,809
$
209,056
$
0
$
3,258,256
$
1,079,943
$
23,992,896
566,669,058
67,776,882 3,529,795 1,477,072
863,000 248,872
3214
JOURNAL OF THE HOUSE,
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................$ Telecommunications .......................................................................$ Special Purpose Contracts.............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$
Institutional Repairs and Maintenance .........................................................................$
Postage..............................................................................................$ Payments to DMA-Community Care...........................................$ Total Funds Budgeted...................................................................-! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
6,070,511 4,338,305 5,738,797 1,433,738
358,100 15,000,000 40,671,106
89,155 1,670,285 13,213,121 162,478,739
638,300 72,863,300
General Administration and Support Functional Budgets
Total Funds
State Funds
Commissioner's Office Budget Administration Community/Intergovernmental
Affairs
Special Projects Office of Children
and Youth Planning Councils Community Services
Block Grant Administrative Policy Administrative Support
Service Facilities Management Administrative Appeals Regulatory Services
Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Child Support Recovery Financial Services Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning Agency Total
720,010 1,951,749
246,000 495,200
15,000,000 168,971
10,640,890 0
17,110,556 5,161,176 1,743,076
574,146 2,660,527
6,111,570 5,737,762 37,047,715 5,158,880 1,826,469 1,820,091
0 391,564 46,451,807
1,460,580 162,478,739
720,010 1,951,749
246,000 495,200
14,483,767 154,266
0 0
16,144,456 3,621,306 1,743,076
564,146 2,660,527
1,904,580 789,644
3,521,998 4,958,880 1,826,469 1,820,091 (7,601,852)
391,564 21,066,843
1,400,580 72,863,300
2. Public Health Budget: Personal Services..................... Regular Operating Expenses. Travel ........................................ Motor Vehicle Purchases ....... Equipment................................ Real Estate Rentals................
45,329,069 69,523,346
910,647 40,000 91,419 1,088,038
TUESDAY, MARCH 24, 1992
Per Diem, Fees and Contracts.......... Computer Charges............................... Telecommunications ........................... Crippled Children's Benefits............. Kidney Disease Benefits .................... Cancer Control Benefits..................... Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants.................................... Family Planning Benefits.................. Crippled Children's Clinics................ Special Purpose Contracts................. Purchase of Service Contracts .......... Grant-In-Aid to Counties................... Postage.................................................. Grants for Regional Maternal and Infant Care.............. Total Funds Budgeted........................ Indirect DOAS Services Funding ..... State Funds Budgeted........................
Public Health Functional Budgets
Total Funds
District Health Administration
Newborn Follow-Up Care Dental Health Stroke and Heart
Attack Prevention Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Sexually Transmitted
Diseases Family Planning Malnutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis
Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research
10,751,623 911,270
1,344,050
2,060,103
3,250,247
2,661,995
3,613,528 9,245,002 66,930,133 49,927,448 12,353,847 2,928,383 1,470,840 1,399,300
723,071
3,000,912 4,558,557 2,881,423 2,116,213 1,112,176
592,235 4,018,594
799,461 317,543 914,796 1,726,211 820,801
3215
3,803,819 588,771 693,957
7,739,825
308,000
2,928,130
950,000 515,602 640,000 654,009 10,294,084 71,175,039 133,366
747,761 218,154,882
549,718 113,718,205
State Funds
10,621,948 720,299
1,133,875
1,530,103
2,939,789
2,661,995
294,252 5,451,916
0 42,696,942
7,894,471 1,871,835 1,337,980
969,861 0
2,589,595 3,287,301 1,612,858 1,005,573 1,112,176
592,235 3,823,585
602,236 167,543 782,796 1,509,711 597,983
3216
JOURNAL OF THE HOUSE,
Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Total
913,705 5,233,711 3,068,215
346,347 6,208,725 9,954,417 218,154,882
739,788 5,113,711 1,221,491
257,710 2,789,767 5,786,880 113,718,205
3. Rehabilitation Services Budget: Personal Services............................. Regular Operating Expenses......... Travel................................................ Motor Vehicle Purchases ............... Equipment........................................ Real Estate Rentals........................ Per Diem, Fees and Contracts...... Computer Charges........................... Telecommunications ....................... Case Services.................................... E.S.R.P. Case Services.................... Special Purpose Contracts............. Purchase of Services Contracts..... Institutional Repairs and Maintenance ......................... Utilities ............................................. Postage.............................................. Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................
61,906,263 10,416,531
800,674 45,100 329,182 3,980,101 4,930,167 1,719,009 1,456,893 17,377,092 27,000 593,500 7,728,149
139,000 892,620 510,068 112,851,349 100,000 20,333,455
Rehabilitation Services Functional Budgets
Total Funds
State Funds
District Field Services Independent Living Bobby Dodd Workshop Sheltered Employment Community Facilities State Rehabilitation
Facilities Diversified Industries
of Georgia Program Direction
and Support Grants Management Disability Adjudication Georgia Factory for
the Blind Roosevelt Warm Springs
Institute Total
37,062,483 788,635 494,120
I,592,976 6,712,498
6,869,515
683,731
3,529,026 602,613
23,598,633
II,553,741
19,363,378 112,851,349
$
8,098,630
$
585,347
$
164,864
$
784,976
$
2,816,658
$
1,373,903
$
0
$
1,265,027
$
602,613
$
0
$
753,849
$
3,887,588
$
20,333,455
4. Family and Children Services Budget:
Personal Services..................... Regular Operating Expenses. Travel........................................ Motor Vehicle Purchases .......
12,829,448 1,480,912
371,633 0
TUESDAY, MARCH 24, 1992
Equipment........................................ Real Estate Rentals........................ Per Diem, Fees and Contracts ...... Computer Charges........................... Telecommunications ....................... Children's Trust Fund.................... Cash Benefits................................... Special Purpose Contracts ............. Service Benefits for Children........ Purchase of Service Contracts ...... Postage.............................................. Grants to County DFACS -
Operations.................................... Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................
Family and Children Services Functional Budgets
Total Funds
Director's Office Social Services Program Support Administrative Support Regional Administration Public Assistance Management Information
Systems AFDC Payments SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations
Eligibility County DFACS Operations
Social Services Food Stamp Issuance County DFACS Operations
Homemakers Services County DFACS Operations
Joint and Administration County DFACS Operations
Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost
673,494 2,511,665 3,011,479 5,078,810 3,187,489
4,080,623
19,624,402 493,656,745
100 2,799,421 8,665,581
96,401,567
71,580,285 2,769,480
7,059,985
46,997,185
6,118,458 15,302,653 1,331,734 33,034,023 5,714,936 1,284,414 6,453,207 39,025,289
0 144,817 982,316
1,250,186 0
3217
65,110 246,861 4,204,544 16,974,103 1,399,360 1,126,134 504,267,847 3,673,926 96,440,645 5,327,136 2,175,205
228,157,480
878,740,344
2,339,882 359,754,098
State Funds
673,494 2,511,665 2,844,080 3,984,341 3,187,489 2,258,214
8,356,300 187,540,065
100 0 0
48,032,080
24,372,361 0
1,629,058
21,349,095
2,314,164 5,973,325
976,046 22,689,287 4,566,134 1,259,337 4,530,793 14,915,359
0 144,817 958,714
1,250,186 (6,562,406)
3218
JOURNAL OF THE HOUSE,
Total
878,740,344
Budget Unit Object Classes: Personal Services............................................ Regular Operating Expenses........................
Travel............................................................... Motor Vehicle Purchases.............................. Equipment....................................................... Real Estate Rentals ....................................... Per Diem, Fees and Contracts.....................
Computer Charges..........................................
Telecommunications...................................... Crippled Children's Benefits ........................ Kidney Disease Benefits............................... Cancer Control Benefits................................ Benefits for Medically Indigent High-Risk Pregnant Women and
Their Infants............................................... Family Planning Benefits............................. Case Services................................................... E.S.R.P. Case Services................................... Crippled Children's Clinics........................... Children's Trust Fund................................... Cash Benefits .................................................. Special Purpose Contracts............................ Service Benefits for Children....................... Purchase of Service Contracts ..................... Grant-In-Aid to Counties.............................. Institutional Repairs
and Maintenance........................................ Utilities............................................................ Postage............................................................. Payments to DMA-Community Care.......... Grants for Regional Maternal
and Infant Care .......................................... Grants to County DFACS -
Operations...................................................
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............................................................ Authority Lease Rentals............................... Institutional Repairs and Maintenance................................................ Grants to County-Owned Detention Centers......................................
359,754,098
187,841,662 84,950,584 3,560,026
948,100 734,583 11,385,511 17,276,835 25,020,680 4,983,948 7,739,825 308,000 2,928,130
950,000 515,602 17,377,092
27,000 640,000 1,126,134 504,267,847 5,279,535 111,440,645 64,020,475 71,175,039
228,155 892,620 4,488,924 13,213,121
747,761
228,157,480
487,601,380
389,576,580 40,670,588
1,061,500 642,800
2,150,491 4,215,551 1,278,654 3,055,409 7,210,743 13,785,300
714,900
2,251,302
2,540,400
TUESDAY, MARCH 24, 1992
3219
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....................
40,252,100
92,395,007
20,633,329
57,532,612 272,118
5,059,773 157,311
685,456,468 2,404,100
487,601,380
Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets
Total Funds
State Funds
Southwestern State Hospital Brook Run 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 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
40,443,510 31,394,627
30,731,668
23,911,727
29,586,193
29,253,507 132,119,911
24,409,694
45,429,579
22,551,901 3,407,887
10,155,900
4,654,229
69,630,766 20,297,129
729,221 501,300 1,071,200
57,532,612 375,800
1,388,397
276,400 336,200
24,396,163 11,362,527
24,436,064
20,615,353
21,682,540
19,842,978 76,652,891
19,479,220
23,323,279
17,539,875 2,567,993
9,979,592
2,806,332
41,894,766 18,221,825
701,221 501,300 1,071,200
48,499,071 375,800
1,192,897
276,400 336,200
3220
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
3,953,600
17,283,141
90,900 9,168,527
19,774,177 10,334,318 7,022,679 4,428,575 4,474,592 14,124,825 2,966,806
874,259 753,574 5,837,590
827,929
405,748
2,945,870 685,456,468
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......................................................................... Contract - Georgia Association of Broadcasters ........................................................... Southern Center for International Studies ................................................. Lanier Regional Watershed
Commission.................................................................
Capital Outlay ................................................................ Total Funds Budgeted...................................................
3,953,600
17,283,141
90,900 6,051,403
19,154,177 9,958,618 6,936,679 3,807,581 3,873,193 14,124,825 2,966,806
874,259 753,574 5,837,590
827,929
405,748
2,945,870 487,601,380
15,737,287
7,599,816 1,350,093
289,803 66,000 53,769 109,912 827,733 211,076 475,691 129,500
4,378,894
1,445,000
0
0
0
0
0
0 0 16,937,287
TUESDAY, MARCH 24, 1992
3221
State Funds Budgeted....................................................................!
15,737,287
Department of Industry and Trade Functional Budgets
Total Funds
State Funds
Administration Economic Development Tourism Total
$
4,200,580
$
5,311,645
$
7,425,062
$
16,937,287
$
3,380,580
$
5,151,645
$
7,205,062
$
15,737,287
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....................................................................!
14,450,121
11,227,290 706,912 467,236 40,500 330,880
1,118,218 713,542 286,025 165,000 0
15,055,603 14,450,121
Department of Insurance Functional Budgets
Total Funds
State Funds
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total
$
4,847,280
$
5,303,786
$
545,713
$
4,358,824
!
15,055,603
!
4,847,280
$
5,303,786
$
545,713
$
3,753,342
!
14,450,121
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....................................................................!
6,493,059
62,551,346 5,183,747 1,060,000
0 470,063 3,812,046 1,379,108 1,263,770
67,289,698 2,870,657 0 1,774,078 2,130,000
149,784,513 6,493,059
Department of Labor Functional Budgets
Total Funds
State Funds
3222
JOURNAL OF THE HOUSE,
Executive Offices/ Administrative Services
Employment and Training Services
Total
22,535,730
127,248,783 149,784,513
3,736,974
2,756,085 6,493,059
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....................................................................!
8,935,707
8,113,336 425,745 111,057 0 11,030 264,533 462,926 102,080 60,000 110,000
9,660,707 8,935,707
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 1992 Medicaid Benefits,
Penalties and Disallowances ......................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
945,174,515
12,283,598 573,421 104,200 0 48,176
17,276,354 935,973 401,058
59,415,984
2,405,322,797
43,767,828 772,500
183,762,790 2,724,664,679
945,174,515
Medical Assistance Functional Budgets
Total Funds
State Funds
Commissioner's Office Benefits, Penalties
and Disallowances Community Services Systems Management Professional Services Program Compliance Institutional Policy
and Reimbursement Maternal and Child Health Total
55,282,777
2,632,853,415 1,025,713 19,126,049 2,147,167 4,626,462
9,205,510 397,586
2,724,664,679
!
2,702,664
! 929,016,972
!
338,485
!
5,841,095
!
912,285
$
1,758,519
!
4,481,243
!
123,252
! 945,174,515
TUESDAY, MARCH 24, 1992
3223
Section 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration ........................................................$
Departmental Operations Budget: Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel..................................................................... ...........................$ Equipment........................................................................................? Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications.................................................................-.....? Health Insurance Payments ..........................................................? Total Funds Budgeted....................................................................? Other Agency Funds.......................................................................? Agency Assessments........................................................................!
Employee and Employer Contributions...............................................................................?
Deferred Compensation..................................................................? State Funds......................................................................................?
0
7,248,592 1,679,552
81,440 37,805 912,524 92,116,066 3,571,523 283,826 701,835,729 807,767,057 47,000 10,097,943
797,490,170 131,944 0
Merit System Functional Budgets
Total Funds
State Funds
Commissioner's Office Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Total
?
1,594,791
?
0
?
2,659,945
?
0
?
1,279,462
$
0
?
1,240,213
$
0
?
1,290,188
?
0
$
27,234,367
?
0
$ 769,635,934
?
0
$
2,832,157
$
0
? 807,767,057
$
0
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
60,184,498
59,132,980 11,770,303
414,234 1,758,257 2,313,179 4,204,903 1,340,506
807,250 1,056,308
147,440 150,000 2,450,000
652,584 2,321,000
225,000
3224
JOURNAL OF THE HOUSE,
Acquisition....................................................................................$ Shop Stock - Parks.........................................................................$ User Fee Enhancements.................................................................? Buoy Maintenance..........................................................................? Waterfowl Habitat..........................................................................? Paving at State Parks and
Historic Sites................................................................................? Grants:
Land and Water Conservation......................................................? Environmental Facilities................................................................? Historic Preservation......................................................................? Recreation.........................................................................................? Contracts: Georgia Special Olympics ..............................................................? Georgia Sports Hall of Fame.........................................................? Technical Assistance Contract......................................................? Corps of Engineers (Cold Water
Creek State Park)........................................................................? Georgia Rural Water
Association....................................................................................? Georgia State Games Commission............................................? U. S. Geological Survey for Ground Water Resources...........................................................? U. S. Geological Survey for Topographic Mapping................................................................? Payments to Georgia Agricultural Exposition Authority..................................................................? Georgia Boxing Commission..........................................................? Total Funds Budgeted....................................................................? Receipts from Jekyll Island State Park Authority..................................................................? Receipts from Stone Mountain Memorial Association .................................................................? Indirect DOAS Funding.................................................................? State Funds Budgeted....................................................................?
585,000 300,000 1,249,000 30,000
0
400,000
800,000 0
239,112 0
50,000 0
108,687
185,000
10,000 155,411
300,000
0
2,360,275 5,000
95,521,429
314,594
2,122,585 200,000
60,184,498
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
6,858,636
34,973,036 1,692,529 28,519,879 23,477,349 95,521,429
2,472,488
18,179,236 1,586,029 24,240,227 13,706,518 60,184,498
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...........................
0
1,595,002 1,245,998
21,450 0
85,000 29,000
0 29,000
TUESDAY, MARCH 24, 1992
3225
Per Diem, Fees and Contracts. Capital Outlay ............................ Total Funds Budgeted............... State Funds Budgeted...............
513,000 0
3,518,450 0
Functional Budget
Total Funds
State Funds
Georgia Agricultural Exposition Authority
!
3,518,450
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....................................................................!
82,974,748
46,152,620 6,793,660
113,000 2,729,000
654,520 0
7,735 602,000 194,150
150,000 0
57,396,685 150,000
57,246,685
2. Driver Services Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................!
Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!
Capital Outlay .................................................................................$
Conviction Reports .........................................................................! State Patrol Posts Repairs
and Maintenance.........................................................................! Driver License Processing..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!
18,270,538 1,928,201
22,000 25,000 155,700 4,507,000 39,600 590,000 85,350 236,674 290,000
30,000 1,048,000 27,228,063 1,500,000 25,728,063
Public Safety Functional Budgets
Total Funds
State Funds
Administration Driver Services Field Operations Total
11,368,355 27,228,063 46,028.330 84,624,748
11,368,355 25,728,063 45,878,330 82,974,748
B. Budget Unit: Units Attached for
3226
JOURNAL OF THE HOUSE,
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....................................................................!
12,811,402
6,822,185 2,635,118
93,200 0
102,220 385,000 100,821 143,000 594,635 2,909,356
0 13,785,535 12,515,473
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....................................................................!
388,338 28,342 9,828
0 300 37,300 75,078 3,670 18,800 3,500,000 4,061,656 295,929
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
!
4,061,656
!
4,842,817
$
822,679
!
1,054,318
$
400,446
$
0
$
6.665,275
!
17,847,191
$
295,929
!
4,842,817
!
656,019
!
974,318
!
400,446
!
0
!
5,641,873
$
12,811,402
Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System .................................................$
Departmental Operations Budget: Payments to Employees' Retirement System......................................................................! Employer Contributions.................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
9,622,000
472,000 9,150,000 9,622,000 9,622,000
TUESDAY, MARCH 24, 1992
3227
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....................................................................!
8,410,886
6,226,564 387,583 165,442 133,328 10,682 400,600 321,189 122,366
2,098,115 9,865,869 8,410,886
Public Service Commission Functional Budgets
Total Funds
State Funds
Administration Transportation Utilities Total
!
1,563,784
!
3,071,754
!
5.230,331
!
9,865,869
1,563,784 1,730,493 5,116,609 8,410,886
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......................................... Capital Outlay.................................................... Total Funds Budgeted....................................... Departmental Income........................................ Sponsored Income .............................................. Other Funds........................................................ Indirect DOAS Services Funding .................... State Funds Budgeted.......................................
791,345,841
862,517,173 110,000,000
207,056,508 125,000,000
5,825,000
299,816 325,712 284,292 1,550,000
0 1,312,858,501
31,000,000 235,000,000 252,485,360
3,027,300 791,345,841
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.............................
137,057,453
223,846,444 67,118,788 98,130,085
3228
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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..............................................................-...$ Mercer Medical School Grant.......................................................$
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....................................................................!
37,302,065
0 1,855,251
1,548,244
2,635,415 2,439,285
149,391 5,300,000
704,131 8,248,050 1,033,526
564,000 188,000
801,416
211,000
6,279,749 458,354,840
0 105,270,458 215,471,229
555,700 137,057,453
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
1,712,273 3,547,055 I,307,982 126,769,584 7,317,438 47,834,496 41,428,345 184,829,258 2,428,334 2,304,997 II,467,333
1,175,485 I,361,527
857,259 11,785,853 2,023,700 30,973,984 24,792,533 27,836,373 2,428,334
453,708 II,467,333
TUESDAY, MARCH 24, 1992
3229
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total
2,275,827
3,230,554 21,901,364 458,354,840
21,901.364 137,057,453
C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Public Telecommunications Commission Budget:
Personal Services.............................................................................$ Operating Expenses........................................................................! Total Funds Budgeted....................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................!
6,659,465 7,745,891 14,405,356 14,405,356
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 FICA ......................................................................................$ Grants to Counties/Appraisal
Staff...............................................................................................! Motor Vehicle Tags and Decals....................................................! Postage.........................................................................................,....! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!
73,478,207
48,730,894 4,336,959 1,345,175
68,500 545,324 8,268,702 2,646,528 740,411 296,243
4,550,926
0 2,439,610 3,477,844 77,447,116 3,845,000 73,478,207
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 State Board of Equalization Total
7,025,846 10,349,576 5,040,980 17,898,029 7,689,126 14,358,893 7,122,124 3,361,676 4,554,014
46,852 77,447,116
7,025,846 10,149,576 4,822,980 17,598,029 6,732,126 12,726,893 7,122,124 3,156,767 4,097,014
46,852 73,478,207
Section 36. Secretary of State. Budget Unit: Secretary of State......
Personal Services.......................... Regular Operating Expenses......
22.326,616 14,895,222 2,209,525
3230
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Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Election Expenses ...........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
184,350 305,000 169,387 964,815 2,277,620 303,710 816,987 700,000 22,826,616 22,326,616
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
$
3,158,537
$
4,378,361
$
4,320,030
$
1,579,835
$
975,977
$
273,345
$
8,140,531
$
22,826,616
$
3,018,537
$
4,303,361
$
4,225,030
$
1,543,835
$
921,977
$
273,345
$
8,040,531
$
22,326,616
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....................................................................!
1,686,048
959,024 153,500 15,000 11,000 12,000 263,074 113,700 24,000 134,750 1,686,048 1,686,048
Real Estate Commission Functional Budget
State Funds
Cost of Operations
Real Estate Commission
!
1,686,048
!
1,726,048
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......................................................!
1,538,311
890,115 115,115 55,850
0 12,375 7,250 56,597 17,520 711,914
TUESDAY, MARCH 24, 1992
3231
County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
288,000 2,154,736 1,538,311
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....................................................................!
25,028,254
4,505,447 400,161 81,800 0 19,000 371,000 147,000 38,000 24,763 0
4,076,000 16,924,274 4,803,940
38,000
85,000 160,000
501,740
425,000 32,601,125 25,028,254
Georgia Student Finance Commission Functional Budgets
Total Funds
State Funds
Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total
5,100,129
0
27,013,954
487,042 32,601,125
0
0
24,541,212
487,042 25,028,254
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
3,850,000
3,191,881 320,500 26,650 3,200 944,361 320,000 66,514 340,000
3232
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Retirement System Members....................................................$
Floor Fund for Local Retirement Systems....................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
3,200,000
650,000 9,063,106 3,850,000
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....................................................................!
118,748,512
3,435,424 345,744 104,750 0 13,000 391,822 454,619 165,000 808,500
82,458,643 18,561,269
0 5,839,523 23,154,404 2,538,917 9,866,035 148,137,650 118,748,512
Functional Budgets
Total Funds
State Funds
Administration Institutional Programs
Total
$
5,718,859
! 142,418,791
! 148,137,650
!
3,911,064
! 114,837,448
! 118,748,512
Section 41. Department of Transportation. Budget Unit: Department of
Transportation........................................................! For Public Roads and Bridges and for other
transportation activities. Departmental Operations Budget:
Personal Services.............................................................................!
Regular Operating Expenses .........................................................$ Travel................................................................................................!
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................!
Real Estate Rentals ........................................................................$ Telecommunications.......................................................................!
Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................!
Capital Outlay - Airport Approach Aid and Operational Improvements..............................................................................!
Capital Outlay - Airport
422,550,909
226,253,093 59,053,902 1,555,799
822,000 5,187,002 5,088,058 1,307,274 2,406,075 11,922,705 687,761,072
900,335
TUESDAY, MARCH 24, 1992
3233
Development ............................. Mass Transit Grants.................... Savannah Harbor Maintenance
Payments ................................... Spoilage Area Acquisition,
Clearing, Preparation and Dike Reconstruction................. Total Funds Budgeted................. State Funds Budgeted.................
850,000 9,342,544
750,000
1,013,199,859 422,550,909
Department of Transportation Functional Budgets
Motor Fuel Tax Budget
Total Funds
State Funds
Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total
734,931,352 229,842,531
8,689,580 22,696,537 996,160,000
! 167,091,352
! 218,442,531
$
8,039,580
!
22,116,537
$ 415,690,000
General Funds Budget
Total Funds
State Funds
Paving at State and Local Schools and State Institutions
Air Transportation Inter-Modal Transfer
Facilities Harbor Maintenance
Activities Total
0 1,540,163
14,749,696
750,000 17,039,859
0 1,180,163
4,930,746
750,000 6,860,909
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......................................................! 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....................................................................!
20,893,550
4,290,331 109,725 63,200 0 83,100 8,800 233,487 55,500 23,000
15,041,016
5,958,022
179,000 26,045,181 20,893,550
Veterans Service Functional Budgets
Total Funds
State Funds
Veterans Assistance Veterans Home and Nursing
4,795,643
!
4,591,660
3234
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Facility - Milledgeville Veterans Nursing
Home - Augusta Total
15,173,516
6,076,022 26,045,181
11,854,352
4,447,538 20,893,550
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............................. Payments to State Treasury................................. Total Funds Budgeted........................................... State Funds Budgeted...........................................
9,279,462
6,548,760 308,220 64,750 0 8,958 186,610 932,964 105,000 239,200
1,000,000 9,394,462 9,279,462
Section 44. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued)..... Motor Fuel Tax Funds (Issued).
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New)........ Motor Fuel Tax Funds (New)....
.....................$ .....................$
290,774,406 68,310,000 359,084,406
34,907,685 0
34,907,685
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 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 contributions 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 Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section
TUESDAY, MARCH 24, 1992
3235
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 Judicial 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 11, Department of Administrative Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
Section 52. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities.
Section 53. Provisions Relative to Section 15, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Section 54. Provisions Relative to Section 16, Department of Corrections. It is the intent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded probation positions and related costs.
It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possible.
Provided, that the Department shall require the same qualifications for contract chaplains as that for classified merit system positions with the same job duties.
Section 55. Provisions Relative to Section 18, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,616.56 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 1993.
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
3236
JOURNAL OF THE HOUSE,
on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1993 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 1993 that it contributed during SFY 1992.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the services currently provided by the Regional Directors to local schools be continued by the Department of Education in any reorganization plan. The General Assembly intends to review the Department's reorganization of regional services prior to and during the 1992 regular session.
It is the intent of this General Assembly that the Department of Education accumulate empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Section 56. There is included in this appropriations bill funding for HB 37, HB 38, HB 39, HB 41 and HB 353.
Section 57. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Walker Nursery remain open.
It is the intent of the General Assembly that the Forestry Commission continue compiling, publishing and distribution of the Georgia Forestry Magazine and Wood-Using Industries in Georgia publications.
Section 58. Provisions Relative to Section 22, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than Departmental internal forms.
Section 59. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to
TUESDAY, MARCH 24, 1992
3237
Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:
Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11
Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860
Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568
It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA institution for fiscal year 1993 that was authorized in fiscal year 1987.
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand community placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1993 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Continuum for Juvenile Offenders. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department.
Child day care as provided by the federal Child Care Bill.
Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting.
It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital.
Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval.
Provided, the department is authorized to extend eligibility in the CHARLEE program from age 18 to high school graduation, whichever is later.
3238
JOURNAL OF THE HOUSE,
It is the intent of this General Assembly that the Department of Human Resources utilize existing funds to expand the PEACH Program to Crawford County.
Section 60. Provisions Relative to Section 28, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department of Medical Assistance is authorized to use existing funds to adjust dispensing fees on high-cost drugs.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
Section 61. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $155.00 per merit system budgeted position for the cost of departmental operations.
Section 62. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
Provided that of the funds 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.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 63. Provisions Relative to Section 31, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accordance with the Rules and Regulations issued by the Commissioner of Public Safety.
Section 64. Provisions Relative to Section 34, Board of Regents, University System of Georgia. The Board of Regents is authorized to continue development of quality - added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 65. Provisions Relative to Section 36, Secretary of State. Provided, that of the funds appropriated for Occupational Certification, $60,000 is authorized for board member participation at conferences related to professional regulation.
Provided, that the funds appropriated herein for the State Ethics Commission, no more than $5,000 may be used to increase the compensation for an existing position as of March 1, 1992, and all other funds shall be used for the purposes of employing additional staff and/or operational funds for the State Ethics Commission.
Section 66. 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.
TUESDAY, MARCH 24, 1992
3239
Section 67. Provisions Relative to Section 41, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 41 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department-owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $484,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
Section 68. In addition to all other appropriations for the State fiscal year ending June 30, 1993, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $9,320,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($9,200,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby
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authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 69. 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 70. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 71. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 72. 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 73. 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 74. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
TUESDAY, MARCH 24, 1992
3241
Section 75. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 76. (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 1992 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 77. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 78. 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.
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Section 79. In addition to all other appropriations for State Fiscal Year 1993, there is appropriated the sum of $38,115,610 for the purposes of making adjustment to agency appropriations for ERS employer contribution rate, employer health insurance rate and implementation of House Bill 1596.
Section 80. 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 on 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:
Project/ Purpose
Principal Amount
Debt Service
Major repairs and renovation at Board of Regents facilities
Construction projects for Board of Regents
Construction of facilities, land acquisition, design and equipment purchases for Technical and Adult Education
Purchase of land for West Georgia Reservoir - Natural Resources
Mountain Park in Towns County Natural Resources
Deepening of the Savannah Harbor - Georgia Ports Authority (Industry, Trade and Tourism)
Complete Container Berth 6 at Garden City Terminal - Georgia Ports Authority (Industry, Trade and Tourism)
Upgrading two container cranes, paving and constructing new interchange gates - Georgia Ports Authority (Industry, Trade and Tourism)
Acquisition of land for construction of student housing at Georgia Tech
Dike construction in the Savannah Harbor - Department of Transportation
Capital Outlay funding to meet federal matching requirements on various federal aid highway projects - Department of Transportation
Purchase and renovation of railroad line Department of Transportation
Preservation 2000 land acquisition program - Natural Resources
Boot camps construction in
25,205,000 73,870,000
27,900,000 5,500,000 4,500,000 32,480,000
9,065,000
14,530,000 3,500,000 7,000,000
71,000,000 7,100,000 20,000,000
2,333,983 6,840,362
2,583,540 509,300 416,700
3,007,648
839,419
1,345,478 324,100 648,200
6,574,600 657,460
1,852,000
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3243
Mitchell, Lanier and Emanuel counties - Corrections Construction projects for Correctional facilities in Calhoun, Dooly, Macon, Pulaski, Tattnall and Wilcox counties Corrections Renovations at the Atlanta Farmers Market - Agriculture Construct Commercial Drivers License Facility - Public Safety Acquisition and installation of exterior lights for institutions Corrections Planning funds for a laboratory at Northwest Regional Hospital Planning for Visitor Information Center in Ringgold - Industry, Trade and Tourism
3,600,000
4,000,000 1,250,000
475,000 2,500,000
280,000 220,000
333,360
370,400 115,750 43,985 231,500 25,928 20,372
B.) Maturities not to exceed sixty months:
Purchase of vocational education equipment - Education
Expansion of student information system - Education
Repairs and maintenance of facilities and purchase of equipment - Technical and Adult Education
Development of Revenue Integrated Tax System
Construction of facilities at Georgia Southern University
4,000,000 3,200,000
6,000,000 3,600,000 20,000,000
948,000 758,400
1,422,000 853,200
1,852,000
Section 81. Cost-of-Living In addition to all other appropriations, there is hereby appropriated $97,775,000 for the following purposes: 1.) An increase of 3% with a $1,140 maximum increase for full-time employees of the Executive Branch of State government, effective November 1, 1992; 2.) For teachers, public librarians, and other instructional and support personnel, an increase from $18,541 to $19,097 for the T-4 entrance level, effective September 1, 1992; 3.) For school bus drivers and lunchroom workers, a 3% increase with a $1,140 maximum increase, effective November 1, 1992; 4.) For certified personnel and employees of the Department of Technical and Adult Education a 3% increase with a $1,140 maximum increase for non-certificated personnel, effective November 1, 1992; 5.) For University System employees, a 3% salary increase to be effective November 1, 1992, for academic contracted personnel, a 3% salary increase with a $1,140 maximum increase, effective November 1, 1992, for non-academic personnel and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; 6.) An increase of 3.0%, effective November 1, 1992 for State officials in the Executive Branch whose salary is set by Act 755 (HB 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.
Section 82. TOTAL STATE FUND APPROPRIATIONS
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State Fiscal Year 1992..........................................................................$
8,175,000,000
Section 83. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 84. All laws and parts of laws in conflict with this Act are repealed.
Representative Murphy of the 18th moved that the House disagree to the Senate substitute to HB 1261.
The motion prevailed.
HB 1931. By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth:
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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted.
The following Senate amendments were read
SENATE AMENDMENT No. 1
Amend HB 1931 by striking lines 19 through 21 of page 2 and inserting the following:
"(2) A specific number of classroom hours of related academic instruction and training;
(3) A specific number of hours of on-the-job".
SENATE AMENDMENT No. 2
Amend HB 1931 by adding between lines 11 and 12 of page 3 the following:
"(b) As a condition of eligibility for funds received under Article 5 of Chapter 4 of Title 49, a dependent child age 16 years or over shall be a participant in the Youth Apprenticeship Program as described in subsection (a) of this Code section if not in fulltime attendance at a public school or private school or enrolled in a home study program except for one of the following reasons:
(1) The child has been graduated from a public or private high school or home study program or obtained a general educational development equivalency diploma from a state approved institution or organization; or
(2) The child is excused from attending school due to circumstances beyond his or her control.
(c) The county department of family and children services or its agent may require consent to the release of school enrollment and attendance records, including official conformation of enrollment in the Youth Apprenticeship Program, as a condition of eligibility for assistance under this article.
(d) The school superintendent of each school system shall be authorized to provide documentation of enrollment status and attendance records upon request to the county office of the department of family and children services for the county in which that dependent child resides. The school superintendent shall provide any child with documentation to present to the county department to excuse such a child pursuant to the provisions of paragraphs (1) and (2) of subsection (b) of this Code section.
TUESDAY, MARCH 24, 1992
3245
(e) Assistance denied to or on behalf of a dependent child pursuant to this Code section shall be reinstated upon presentation to the county department of family and children services or their agent of documented proof of compliance with the provisions of this Code section.
(f) The department shall request a waiver from the secretary of the federal Department of Health and Human Services to permit the department to implement the school attendance requirements of this Code section. The provisions of this Code section shall not apply unless the federal waiver is in effect. If a waiver is received, the department shall implement this Code section beginning with the fall 1996 school term or on the date the waiver is effective, whichever is later."
By striking on line 12 of page 3 the letter "(b)" and inserting "(g)" in its place.
Representative Herbert of the 76th moved that the House disagree to the Senate amendments to HB 1931.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
SB 10. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a municipal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.
Representative Holmes of the 28th moved that the House insist on its position in substituting SB 10.
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
HB 1679.
By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Oliver of the 53rd and Martin of the 26th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for appeal is required, so as to provide for appeals from decisions of the appellate division of the State Board of Workers' Compensation; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for the rights of the employee or the employer to proceed against persons other than the employer who are liable for an employee's injury or death.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
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SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th:
A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative findings and purpose; to define certain terms.
The President has appointed on the part of the Senate the following:
Senators Gillis of the 20th, Bowen of the 13th and Echols of the 6th.
The Senate insists on its substitute to the following Bill of the House:
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.
The Senate insists on its amendment to the following Bill of the House:
HB 1666. By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd, Jones of the 71st, Taylor of the 94th and others:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
HB 968. By Representative Martin of the 26th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to authorize the withholding of lifesustaining procedures with respect to a patient in a coma or persistent vegetative state.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 1666.
By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd, Jones of the 71st, Taylor of the 94th and others:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed.
Representative Dunn of the 73rd moved that the House insist on its position in disagreeing to the Senate amendment to HB 1666 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.
TUESDAY, MARCH 24, 1992
3247
The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Dunn of the 73rd, Williams of the 90th and Culbreth of the 97th.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 591. By Senator Dawkins of the 45th:
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 teachers and other school personnel, so as to affirm the entitlement and discretion vested in local units of administration to provide payroll deduction services for public school personnel employed by the school system.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Brooks
Y Brown Brush Buck
Y Buckner
YByrd Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E
Y Clark.L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings,B Y Cummings.M
Y Davis,D 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
Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J
Heard
Y Henson Y Herbert 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
Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas YMann
Martin Y McBee 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 Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell,C Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P
Smith.T Smith.W
Y Smyre
Y Snow Y Stancil.F Y Stancil.S Y Stanley 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
Valenti Y Vaughan Y Walker.J
Walker.L Y Wall
Watson
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.
Representatives Irwin of the 57th and Thurmond of the 67th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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JOURNAL OF THE HOUSE,
SB 571. By Senator Foster of the 50th:
A bill to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements used in the Quality Basic Education Formula, so as to provide that the program weights when multiplied by the base amount shall include funds to cover the costs of media center computer hardware and software.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, 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 adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 567. By Senators Walker of the 43rd and Garner of the 30th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office.
The President has appointed on the part of the Senate the following:
Senators Walker of the 43rd, Garner of the 30th and Hooks of the 14th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th:
A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative findings and purpose; to define certain terms.
Representative Barfoot of the 120th moved that the House adhere to its position in substituting SB 543 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.
The motion prevailed.
The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Barfoot of the 120th, Patten of the 149th and Long of the 142nd.
TUESDAY, MARCH 24, 1992
3249
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 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.
Representative Lane of the 27th moved that the House insist on its position in disagreeing to the Senate substitute to HB 113 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Lane of the 27th, Watts of the 41st and Skipper of the 116th.
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 415 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 773 Do Pass
Respectfully submitted, /s/ Dixon of the 151st
Chairman
Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report:
Mr. Speaker:
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JOURNAL OF THE HOUSE,
Your Committee on State Institutions & Property has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 248 Do Pass
Respectfully submitted, /a/ Colwell of the 4th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 607. By Senators Ragan of the 32nd and Clay of the 37th:
A bill to amend Code Section 48-5-7.3 of the Official Code of Georgia Annotated, relating to landmark historic property, so as to provide that residential property shall be considered landmark historic property if it meets such criteria.
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 Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D
Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E 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 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 Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C
Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W Y Smyre YSnow
Stancil.F Y Stancil.S
Y Stanley Streat
Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas,N
Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall 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.
TUESDAY, MARCH 24, 1992
3251
Representative Thurmond of the 67th 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 622. By Senators Clay of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that a student shall not be eligible to participate in extracurricular athletics unless such student maintains a passing grade on the subjects being taken.
The following Committee substitute was read and adopted:
A BILL
To amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that Georgia Board of Education Rule 160-5-1-.18 Extracurricular Activities: No Pass/No Participate shall not apply to students in grades six through 12 except for competitive interscholastic activities; to provide 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. Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, is amended by adding a new Part 5 to read as follows:
"Part 5
20-2-785. Georgia Board of Education Rule 160-5-1-.18 Extracurricular Activities: No Pass/No Participate shall not apply to students in grades six through 12 except for competitive interscholastic activities."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken Y Alford
Y Ashe
Y Atkins
Y Baker Y Balkcom
Y Barfoot
Y Bargeron
Y Barnett.B
Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown
Y Brush Y Buck
Y Buckner
Y Byrd Y Campbell Y Canty
Y Carrell
Y Carter
Y Cauthorn Y Chafin
Y Chambless
Y Cheeks
Y Childers
Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Dixon.S
Y Dobbs
Y Dover Dunn Edwards
Y Elliott
Y Felton
Y Fennel Y Floyd.J.M
Y Floyd.J.W
Y Flynt
Y Godbee
Y Golden Y Goodwin E Green Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard
Henson Y Herbert
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
Y Mann Y Martin
Y McBee
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
Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Y Perry Y Pettit
3252
JOURNAL OF THE HOUSE,
Y Pinholster Y Pinkston Y Pciag Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley 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,?
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper
Y Thomas.C
Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan
Y Walker.J
Walker.L Y Wall 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 substitute.
Representative Thurmond of the 67th 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 643. By Senators Ragan of the 32nd and Moye of the 34th:
A bill to amend Code Section 40-5-172 of the Official Code of Georgia Annotated, relating to issuance of handicapped identification cards, so as to provide for the issuance of a handicapped identification card to any woman who is at least six months pregnant; to provide for procedures and fees.
The following substitute, offered by Representatives Coker of the 21st and Jackson of the 9th, was read:
A BILL
To amend Code Section 40-6-221 of the Official Code of Georgia Annotated, relating to definitions regarding handicapped parking, so as to change a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-221 of the Official Code of Georgia Annotated, relating to definitions regarding handicapped parking, is amended by striking paragraph (7) and inserting in its place a new paragraph (7) to read as follows:
"(7) 'Temporarily handicapped person' means a handicapped person whose disability or incapacity can be expected to last for not more than 180 days and shall include, but not be limited to any woman who is pregnant and who presents a sworn affidavit of a medical doctor attesting to a medical need for handicap access."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and withdrawn:
Representative King of the 72nd moves to amend the Floor substitute to SB 643 as follows:
On page 1, line 14, by deleting the words "woman who is pregnant" and inserting in lieu thereof the following:
"pregnant woman, with effective dates limited to the period of her pregnancy,".
The Floor substitute was adopted.
TUESDAY, MARCH 24, 1992
3253
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams N Aiken Y Alford N Ashe Y Atkins Y Baker Y Balkcom
N Barfoot Bargeron
N Barnett,B Barnett.M
N 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 N Cauthorn Y Chafin Y Chambless Y Cheeks N Childers
Y Clark.E Y Clark.L Y Coker
Y Coleman Colwell Connell
Y Culbreth Y Cummings.B
Cummings,M
Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel N Floyd,J.M Floyd.J.W
Flynt N Godbee Y Golden Y Goodwin
E Green Greene
Y Griffin Groover
Y Hamilton
Y Hammond Manner
Y Harris.B N Harris.J
Y Heard Y Henson Y Herbert Y Holland
Y Holmes Y Howard N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
King Y Kingston Y Klein
Ladd Y Lane.D N Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas YMann Y Martin Y McBee Y McCoy N McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller N Oliver.C Y 01iver,M YOrr
N Orrock 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 Presley
Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman
Sherrill
N Simpson Y Sinkfield
Y Skipper Y Smith.L
Smith.P Smith.T
Y Smith, W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley
Streat Y Taylor Y Teper
Thomas.C Y Thomas.M
Thomas.N Thurmond
Titus Y Tolbert Y Townsend N Turnquest N Twiggs
Valenti Y Vaughan
Walker.J Walker.L Y Wall Y Watson Y Watts White N Wilder Y Williams.B N Williams,J Y Williams.R Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 121, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Ladd of the 44th, Thomas of the 69th and Thurmond of the 67th 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 Parham of the 105th moved that further consideration of SB 489 be postponed until tomorrow immediately following the period of unanimous consents.
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:
3254
JOURNAL OF THE HOUSE,
SB 460. By Senator Moye of the 34th:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards, labeling, and adulteration of food, so as to change certain definitions so as to exclude certain food establishments from regulation.
The Senate has agreed to the House substitute by Senate substitute to the following Bills of the Senate:
SB 706. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, as amended, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected; to provide for definitions and inclusions; to provide for other related matters; to provide for submission of this Act to the United States Attorney General.
SB 707. By Senator Kidd of the 25th:
A bill to amend an Act changing the method of electing members for the Board of Education of Putnam County, as amended, so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 487. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide for the offense of habitual impaired driving; to provide for penalties; to change certain requirements for issuance of a probationary license; to require a criminal history check of an applicant for a probationary license.
The following amendment was read and adopted:
Representative Buckner of the 72nd, et al. move to amend SB 487 by inserting, immediately following line 6 of page 1, the following:
"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 define the separate offense of endangering a child by driving under the influence of alcohol or drugs; to provide that said offense shall not be merged with the offense of driving under the influence of alcohol or drugs; to provide for a penalty; to".
By inserting between lines 16 and 17 of page 10 the following:
"Section 2. Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, is amended by adding immediately following subsection (k) a new subsection to be designated as subsection (1) and to read as follows:
TUESDAY, MARCH 24, 1992
3255
'(1) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.'"
By renumbering Section 2 as Section 3.
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 Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown
Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Davis,D 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
Floyd.J.W Y Flynt
Y Godbee Y Golden
Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert Y Holland Y Holmes
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 Lord Lucas
Y Mann Y Martin Y McBee 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 Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Smith.P Smith.T Y Smith.W Y Smyre Snow Y Stancil.F Y Stancil.S Y Stanley Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Thomas.N Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan
Walker.J Walker.L
Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Dunn of the 73rd, Thurmond of the 67th and Williams of the 90th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
3256
JOURNAL OF THE HOUSE,
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 Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for a Division of Irrigation Contractors.
Representative Smith of the 156th moved that the House insist on its position in disagreeing to the Senate substitute to HB 559 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker Pro Tem appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 156th, Branch of the 137th and Byrd of the 153rd.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 1706. By Representative Randall of the 101st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to the surrender of principal by surety when the court is in session; to change the provisions relating to when bond forfeiture occurs.
The following Senate substitute was read:
A BILL
To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to the surrender of principal by surety when the court is in session; to change the provisions relating to when bond forfeiture occurs; to change the provisions relating to an execution hearing on failure of the principal to appear; to change the provisions relating to service of notice of the execution hearing; to change certain time limits; to provide for the filing of writs of fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting a forfeiture of bond for failure to appear; to change the provisions relating to remission of forfeitures; to change the practices and procedures relating to forfeiture of bonds or recognizances; to repeal certain notice requirements; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking in its entirety Code Section 17-6-31, relating to the surrender of the principal by the surety, and inserting the following:
"17-6-31. (a) When the court is not in session, a surety on a bond may surrender the surety's principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in which the case is pending in order to be released from liability.
(b) When the court is in session, a surety on a bond may surrender the surety's principal in open court.
(c) and th The principal shall also be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if tried without a jury, finds the principal guilty or if the judge dead dockets the
TUESDAY, MARCH 24, 1992
3257
case prior to entry of judgment and, upon such plea or finding of guilty or dead docketing, the surety shall be released from liability. If the principal dees net appear by the
The death ef the principal shall be equivalent te a surrender. (d) Furthermore, the surety shall be released from liability ifj prior to entry of judg-
ment, there is: (1) A deferred sentence; (2) A presentence investigation; (3) A court ordered pretrial intervention program; (4) A court ordered educational and rehabilitation program; (5) A fine; (6) A dead docket; or (7) Death of the principal.
(e) If the prosecuting attorney does not try the charges against a defendant within a period of two years in the case of felonies and one year in the case of misdemeanors after the date of posting bond, then judgment rendered after such period may not be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This subsection shall not apply where the prosecuting attorney's failure to try the charges is due to the fault of the principal.
(f) No judgment shall be rendered on any appearance bond jf it is shown to the satisfaction of the court that the surety was prevented from returning the principal to the jurisdiction because such principal was on active military duty."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 17-6-70, relating to when bond forfeiture occurs, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A bond forfeiture occurs immediately at the end of the court day upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person."
Section 3. Said chapter is further amended by striking in its entirety Code Section 17-6-71, relating to an execution hearing on failure of the principal to appear, and inserting in lieu thereof a new Code Section 17-6-71 to read as follows:
"17-6-71. (a) The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond and order an execution hearing not sooner than 96 120 days but not later than 150 days after such failure to appear. Notice of the execution hearing shall be served within ten days of such failure to appear by certified mail to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its designated registered agent. Service shall be considered complete upon the mailing of such certified notice.
(b) If at the execution hearing it is determined that judgment should be entered, the judge shall so order and a writ of fieri facias shall be filed in the office of the clerk of the court where such judgment is entered. The provisions of this subsection shall apply to all bail bonds, whether returnable to superior court, state court, probate court, magistrate court, or municipal court."
Section 4. Said chapter is further amended by striking in its entirety Code Section 17-6-72, relating to conditions not warranting forfeiture of a bond for failure to appear and remission of forfeiture, and inserting in lieu thereof a new Code Section 17-6-72 to read as follows:
"17-6-72. (a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the written and witnessed statement of a licensed physician that the principal on the bond was prevented from attending by some mental or physical disability.
(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was detained by reason of arrest, sentence, or confinement
3258
JOURNAL OF THE HOUSE,
in a penal institution or jail in the State of Georgia, or so detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court order in a mental institution in the State of Georgia or in another jurisdiction. An official written and witnessed notice of the holding institution in which the principal is being detained or confined shall be considered adequate proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine. Upon the presentation of such written notice to the clerk of the proper court and the prosecutor prosecuting attorney having jurisdiction over the case, along with the payment tender of costs by the surety to the sheriff or other law enforcement officer necessary for the return of the principal, such notice shall serve as the surety's request for a detainer to be placed on the principal. Should there be a failure to place a detainer within 30 days, Saturdays, Sundays, and legal holidays included, after such presentation and payment tender of costs, the surety shall then be relieved of liability for the appearance bond.
\c) if tne pfosccution ciocs not try trie ctisp^cs 3tin9t ft deidiuftnt witiMfi st period of two yeflrs IR tne CEISC of reionies tftu one yeflr "tn tne C8.se of misdeine&nors 8iter tftc date ef posting bond, judgment rendered after auch period may net be enforced against
oond. i nis provision stiflii not flpply wfiere tne prosecution 9 tflilure to try tne cnflp^os
{d} (c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that prior to the entry of the judgment on the forfeiture the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. An official A written notice of the sheriff or other responsible law enforcement officer having custody or detention of the principal shall be considered adequate proof of such custody or detention. Except in cases where the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency of the jurisdiction in which forfeiture proceedings were commenced pursuant to Code Section 17-6-70, presentation of such official written notice to the court clerk and the prosecutor prosecuting attorney having jurisdiction of the case along with payment tender of the estimated cost necessary to return the principal shall act as a request that a detainer be placed against the principal. Upon the sheriff or other officer of the jurisdiction where the case is pending assuming custody of the principal, the surety shall be relieved of the bond obligation. Should the state fail to place a detainer within 30 days, Saturdays, Sundays, and legal holidays included, and after presentation and the payment tender of the estimated cost necessary to return the principal, the surety shall be relieved of the bond obligation.
jurisdiction because such principal was en active military duty.
(f-) (d) In cases in which paragraph (3) of this subsection is not applicable, on application filed within 96 120 days from the payment of judgment, the court shall order remission under the following conditions:
(1) Provided the bond amount has been paid at any time within 96 120 days after judgment and the delay has not prevented the proper prosecution of the principal, upon application to the court with prior notice to the prosecutor prosecuting attorney of such application, said court shall direct remission of 95 percent of the bond amount remitted to the surety if the surety locates the principal causing the return of the principal to the jurisdiction where the bond was made, apprehends, surrenders, or produces the principal, if the apprehension or surrender of the principal was substantially procured or caused by the surety, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction in which the bond was made. Should the surety, within two years of the failure to appear, locate the principal causing the return of the principal to the jurisdiction where the bond was made, apprehend, surrender, produce, or substantially cause the apprehension or surrender of the principal, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction where the bond was made the surety shall be
TUESDAY, MARCH 24, 1992
3259
entitled to a refund of 50 percent of the bond payment. The application for 50 percent remission shall be filed no later than 30 days following the expiration of the two-year period following the date of judgment;
(2) Remission shall be granted en the upon condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety; and or
(3) If, within 90 120 days after judgment, the surety surrenders the principal to the sheriff or responsible law enforcement officer, or said surrender has been denied by the sheriff or responsible law enforcement officer, or surety locates the principal in custody in another jurisdiction, the surety shall only be required to pay costs and 5 percent of the face amount of the bond. If it is shown to the satisfaction of the court, by the presentation of competent evidence from the sheriff or the holding institution, that said surrender has been made or denied or that the principal is in custody in another jurisdiction or that said surrender has been made and that 5 percent of the bond amount and all costs have been tendered to the sheriff, the court shall be authorized to direct that the judgment be marked satisfied and that the writ of execution (fi. fa.) be cancelled canceled."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Randall of the 101st moved that the House agree to the Senate substitute to HB 1706.
On the motion, the ayes were 103, nays 0.
The motion prevailed.
HB 1144. By Representatives Randall of the 101st and 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 clarify the definition of pledged goods as it relates to a motor vehicle and motor vehicle certificates of title.
The following Senate substitute was read:
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, and Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, so as to change certain definitions; to prohibit the leasing of motor vehicles in relation to a pawn transaction; to provide for limitations on the duration of pawn transactions; to provide for limitations on the amount of any repossession fee charged in relation to a pawn transaction involving a motor vehicle; to provide for a holding period after repossession; to provide for certain required contents of any advertisement or sign relating to a pawnshop or pawn transaction; to prohibit the use of a certain term in advertisements relating to a pawnbroker's business; to provide an exception with respect to such prohibition; to provide additional requirements for signs relating to a pawnshop; to provide an exception to such sign requirements; to provide for disclosure tickets or statements and their contents; to provide for certain disclosures; to provide for limitations on charges and fees regarding pawn transactions; to provide for a right of action regarding excess charges; to provide for other matters relating to or regulating pawn transactions and pawnbrokers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
3260
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, is amended by striking paragraph (3) of Code Section 44-12-130, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Pawn transaction' means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods may be redeemed or repurchased by the pledger or seller for a fixed price within a fixed period of time a*d flny purcnfls6 ot d motor vcnicic on wic cono.ition triflt sucti motor vcnicic msy DG
and may be leased back to the seller during such period ef- time."
Section 2. Said part is further amended by striking paragraph (5) of Code Section 44-12-130, relating to definitions, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Pledged goods' means tangible personal property2 including, without limitation, all types of motor vehicles or any motor vehicle certificate of title, which property is purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. However, for purposes of this Code section, possession of any motor vehicle certificate of title which has come into the possession of a pawnbroker through a pawn transaction made in accordance with law shall be conclusively deemed to be possession of the motor vehicle, and the pawnbroker shall retain physical possession of the motor vehicle certificate of title for the entire length of the pawn transaction but shall not be required in any way to retain physical possession of the motor vehicle at any time. 'Pledged goods' shall not include other than choses in action, securities, or printed evidences of indebtedness7 which property is pwchaacd by^ deposited with, ef otherwise actually delivered te the possession ef- a pawbrokcr in connection with a paw transaction."
Section 3. Said part is further amended by striking subsection (a) of Code Section 44-12-131, relating to the legal rate of interest and consequences of excessive charges, which reads as follows:
"(a) Any pawnbroker may contract for and receive interest up to the rate of 2 percent per month, with a minimum charge of $5.00, on the principal amount advanced on the pawn transaction and a pawnshop charge for all services, expenses, costs, and losses of every nature whatsoever. The pawnshop charge allowed under this subsection shall not exceed one-fourth of the principal amount, per month, advanced in the pawn transaction. The pawnshop charge shall not be deemed interest for any purpose. Motor vehicles shall be exempt from the limit of one-fourth of the principal amount provision of this subsection and pawnshops may charge a storage fee for motor vehicles not to exceed $30.00 per day.", and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) All pawn transactions shall be for 30 day periods but may be extended or continued for additional 30 day periods.
(2) A pawnbroker shall not lease back to the seller or pledger any motor vehicle during a pawn transaction or during any extension or continuation of the pawn transaction.
(3) Unless otherwise agreed, a pawnbroker has upon default the right to take possession of the motor vehicle. In taking possession, the pawnbroker or his agent may proceed without judicial process if this can be done without breach of the peace or may proceed by action.
(4) (A) During the first 90 days of any pawn transaction or extension or continuation of the pawn transaction, a pawnbroker may charge for each 30 day period interest and pawnshop charges which together equal no more than 25 percent of the principal amount advanced, with a minimum charge of up to $10.00 per 30 day period.
(B) On any pawn transaction which is continued or extended beyond 90 days, a pawnbroker may charge for each 30 day period interest and pawnshop charges
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which together equal no more than 12.5 percent of the principal amount advanced, with a minimum charge of up to $5.00 per 30 day period.
(C) In addition to the charges provided for in subparagraphs (A) and (B) of this paragraph, in a pawn transaction or in any extension or continuation of a pawn transaction involving a motor vehicle or a motor vehicle certificate of title, a pawnbroker may charge the following:
(i) A fee equal to no more than any fee imposed by the appropriate state to register a lien upon a motor vehicle title, but only if the pawnbroker actually registers such a lien;
(ii) No more than $5.00 per day in storage fees, but only if an actual repossession pursuant to a default takes place on a vehicle which was not already in the pawnbroker's possession and only for each day the pawnbroker must actually retain possession of the motor vehicle; and
(iii) A repossession fee of $50.00 within 50 miles of the office where the pawn originated, $100.00 within 51 to 100 miles, $150.00 within 101 to 300 miles and a fee of $250.00 beyond 300 miles, but only if an actual repossession pursuant to a default takes place on a vehicle which was not already in the pawnbroker's possession. (D) If a pledgor or seller requests that the pawnbroker mail or ship the pledged item to the pledgor or seller, a pawnbroker may charge a fee for the actual shipping and mailing costs, plus a handling fee equal to not more than 50 percent of the actual shipping and mailing costs. (E) In the event the pledgor or seller has lost or destroyed the original pawn ticket, a pawnbroker may, at the time of redemption, charge a fee equal to not more than $2.00. (5) No other charge or fee of any kind by whatever name denominated, including but not limited to any other storage fee for a motor vehicle, shall be made by a pawnbroker except as set out in paragraph (4) of this subsection. (6) No fee or charge provided for in this Code section may be imposed unless a disclosure regarding that fee or charge has been properly made as provided for in Code Section 44-12-138.
(7) (A) Any interest, fees, or charges collected which are undisclosed, improperly disclosed, or in excess of that allowed by this subsection may be recovered by the pledgor or seller in an action at law in any superior court of appropriate jurisdiction.
(B) In any such action in which the pledgor or seller prevails, the court shall also award reasonable attorneys' fees, court costs, and any expenses of litigation to the pledgor or seller.
(C) Before filing an action under this Code section, the pledgor or seller shall provide the pawnbroker with a written notice by certified mail, return receipt requested, that such an action is contemplated, identifying any fees or charges which the pledgor or seller contends are undisclosed, improperly disclosed, or in excess of the fees and charges allowed by this Code section. If the court finds that during the 30 days following receipt of this notice the pawnbroker made a good faith offer to return any excess, undisclosed, or improperly disclosed charges, the court shall award reasonable attorneys' fees, court costs, and expenses of litigation to the pawnbroker.
(D) No action shall be brought under this Code section more than two years after the pledgor or seller knew or should have known of the excess, undisclosed, or improperly disclosed charges."
Section 4. Said part is further amended by adding at the end thereof a new Code Section 44-12-138 to read as follows:
"44-12-138. (a) (1) Any pawnbroker as defined in paragraph (2) of Code Section 44-12-130 shall include most prominently in any and all types of advertisements the word 'pawn' or the words 'pawn transaction.' A pawnbroker shall not use the term 'loan' in any advertisements or in connection with any advertising of the business of the pawnbroker; provided, however, that the provisions of this sentence shall not
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apply to a pawnbroker in business on March 1, 1992, which uses the term 'loan' in connection with the name of the business or with advertising of the business.
(2) On any sign advertising a pawnbroker's business, the words on such sign shall be in at least 24 inch high letters. On any other sign on the property where the pawnbroker's business is located which advertises any other activities or business engaged in by the person who is a pawnbroker, the words on such sign shall be in 12 inch high letters or smaller; provided, however, that the provisions of this paragraph shall not apply to signs of pawnbrokers which signs are in existence on March 1, 1992. (b) Every pawnbroker in every pawn transaction shall present the pledger or seller with a written disclosure ticket or statement in at least nine-point type, appropriately completed, with no other written or pictorial matter except as provided in subsection (c) of this Code section, containing the following information:
(1) Information identifying the pawnbroker by name and address; (2) A statement as follows:
'This is a pawn transaction. Failure to make your payments as described in this document can result in the loss of the pawned item. The pawnbroker can sell or keep the item if you have not made all payments by the specified maturity date.'; (3) If the pawned item is a motor vehicle or motor vehicle certificate of title, a statement as follows:
'Failure to make your payment as described in this document can result in the loss of your motor vehicle. The pawnbroker can also charge you certain fees if he or she actually repossesses the motor vehicle.'; (4) A statement that the length of the pawn transaction is 30 days and that it can only be renewed with the agreement of both parties and only for 30 day incremental periods; (5) The annual percentage rate, computed in accordance with the federal Truth in Lending Act and regulations under the federal Truth in Lending Act, for the first 30 days of the transaction, computed as if all interest and pawnshop charges were considered to be interest; (6) The annual percentage rate, computed in accordance with the federal Truth in Lending Act and regulations under the federal Truth in Lending Act, for each 30 day period in which the pawn transaction might be continued or extended, computed as if all interest and pawnshop charges were considered to be interest. For purposes of identifying the annual percentage rate after the second continuation or extension, a single statement which identifies an annual percentage rate for each possible 30 day period thereafter shall meet the requirements of this Code section; (7) A statement in dollar amounts of how much it will cost the seller or pledger to redeem the merchandise in the first 30 day period of the transaction; (8) A statement in dollar amounts of how much it will cost the seller or pledger to redeem the merchandise in any 30 day period after the first 30 day period of the pawn transaction, provided that all fees and charges have been kept current; (9) A statement of the specific maturity date of the pawn transaction;
(10) A statement of how long, the grace period, the pledged goods may be redeemed after the specific maturity date and the dollar amount which will be required to redeem the pledged goods after the specific maturity date;
(11) A statement that after the grace period the pledged goods become the property of the pawnbroker;
(12) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may not charge a storage fee for the motor vehicle unless the pawnbroker repossesses the motor vehicle pursuant to a default;
(13) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may charge a storage fee for a repossessed motor vehicle not to exceed $5.00 per day, but only if the pawnbroker actually repossesses and actually must store the motor vehicle;
(14) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may charge a repossession fee, not to exceed $50.00, but only if the pawnbroker actually repossesses the motor vehicle;
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(15) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may charge a fee to register a lien upon the motor vehicle certificate of title, not to exceed any fee actually charged by the appropriate state to register a lien upon a motor vehicle certificate of title, but only if the pawnbroker actually places such a lien upon the motor vehicle certificate of title;
(16) A statement that any costs to ship the pledged items to the pledger or seller can be charged to the pledger or seller, along with a handling fee to equal no more than 50 percent of the actual costs to ship the pledged items; and
(17) A statement that a fee of up to $2.00 can be charged for each lost or destroyed pawn ticket.
(c) In addition to the information required by subsection (b) of this Code section, the pawnbroker may, but is not required to, include the following information on the same disclosure ticket or statement, provided that such information is not used to obscure or obfuscate the information required by subsection (b) of this Code section:
(1) Information identifying the pledger or seller; (2) Any logo which the pawnbroker may desire to use; (3) Any numbers or characters necessary for the pawnbroker to identify the merchandise or goods associated with the pawn transaction; (4) Any other information required to be disclosed to consumers by any other law, rule, or regulation of the United States or of the State of Georgia; (5) Information identifying or describing the pledged item; (6) Information which is only for the internal business use of the pawnbroker; (7) The hours of operation of the pawnbroker; (8) The time of day of the pawn transaction; and (9) Any agreement between the pledger or seller and the pawnbroker which does not controvert the provisions of this part, of Part 5 of Article 8 of Chapter 14 of this title, or of Part 2 of Article 15 of Chapter 1 of Title 10. (d) The pawnbroker shall have the pledger or seller sign the disclosure statement and shall furnish a completed copy to the pledger or seller. The pawnbroker shall maintain a completed and signed copy of the disclosure statement on file for two years subsequent to the maturity date of the pawn transaction. Failure to maintain such a copy shall be conclusive proof that the pawnbroker did not furnish such a statement to the pledger or seller. (e) Notwithstanding anything to the contrary contained elsewhere in this Code section, no municipality or local government may impose any requirements upon a pawnbroker regarding the disclosures which must be made to a pledger or seller or which must be made in the pawn ticket, other than those requirements contained in this Code section."
Section 5. Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, is amended by striking subsection (b) of Code Section 44-14-403, relating to liens of pawnbrokers, actions for interference, and redemption of goods, which reads as follows:
"(b) Pledged goods not redeemed on or before the maturity date fixed and set out in the pawn ticket issued in connection with any transaction shall be held by the pawnbroker for ten days following such date and may be redeemed by the pledger or seller within such period by the payment of the originally agreed redemption price, the payment of an additional interest charge, and the payment of an additional pawnshop charge, each equal to the original interest charge and original pawnshop charge, provided said goods have not been sold. Pledged goods not redeemed within one month following the originally fixed maturity date shall be automatically forfeited to the pawnbroker by operation of this Code section and shall automatically become the property of the pawnbroker.", and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) There shall be a grace period on all pawn transactions. On pawn transactions involving motor vehicles or motor vehicle certificates of title, the grace period shall be 30 calendar days; on all other pawn transactions the grace period shall be ten calendar days. In the event that the last day of the grace period falls on a day in
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which the pawnbroker is not open for business, the grace period shall be extended through the first day following upon which the pawnbroker is open for business. The pawnbroker shall not sell the pledged goods during the grace period.
(2) By agreement of the parties, the maturity date of the pawn transaction may be extended or continued for 30 day periods, provided that the interest rates and charges as specified in Code Section 44-12-131 are not exceeded. The grace period shall begin running on the first day following the maturity date of the pawn transaction or on the first day following the expiration of any extension or continuation of the pawn transaction, whichever occurs later. All extensions or continuations of the pawn transaction shall be evidenced in writing.
(3) Pledged goods may be redeemed by the pledger or seller within the grace period by the payment of any unpaid accrued fees and charges, the repayment of the principal, and the payment of an additional interest charge not to exceed 12.5 percent of the principal. Pledged goods not redeemed within the grace period shall be automatically forfeited to the pawnbroker by operation of this Code section, and any ownership interest of the pledger or seller shall automatically be extinguished as regards the pledged item.
(4) Any attempt to circumvent the interest rates and charges as specified in Code Section 44-12-131 shall be null and void. A pawn transaction shall be considered to have been extended or continued unless:
(A) All charges, fees, and the principal have actually been paid or repaid on the previous pawn transaction;
(B) The pledged goods in the previous transaction, including but not limited to a motor vehicle certificate of title, have actually been restored to the possession of the pledger or seller; and
(C) The pledged goods in the previous transaction have been removed from the business premises of the pawnbroker and, in the case of a motor vehicle certificate of title, any lien on the motor vehicle certificate of title has been removed or released."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Randall of the 101st moved that the House agree to the Senate substitute to HB 1144.
On the motion, the ayes were 97, nays 0.
The motion prevailed.
HB 1523.
By Representatives Poston of the 2nd, Simpson of the 70th and Cauthorn of the 20th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offense of sexual assault against persons under psychotherapeutic care.
The following Senate substitute was read:
A BILL
To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offense of sexual assault against persons under psychotherapeutic care; to provide for a definition; to provide for a criminal penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
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3265
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking Code Section 16-6-5.1, relating to sexual assault against persons in custody, and inserting in its place a new Code Section 16-6-5.1 to read as follows:
"16-6-5.1. (a) As used in this Code section, the term: (1) 'Actor' means a person accused of sexual assault. (2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts
of a person. (3) 'Psychotherapy' means the professional treatment or counseling of a mental or
emotional illness, symptom, or condition. {) (4) 'Sexual contact' means any contact for the purpose of sexual gratification
of the actor with the intimate parts of a person not married to the actor. (b) A probation or parole officer; or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years. (c) (1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is^
(A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution. (2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person. (3) Consent of the victim shall not be a defense to a prosecution under this subsection. (4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than one nor more than three years."
Section 2. This Act shall become effective on July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Poston of the 2nd moved that the House agree to the Senate substitute to HB 1523.
On the motion, the ayes were 93, nays 2.
The motion prevailed.
HB 1680.
By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
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 definitions; to restrict an employee of a regional development center from service with entities contracting with the regional development center.
The following Senate substitute was read:
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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 definitions; to restrict an employee, a board member, or an advisory committee member of a regional development center or a nonprofit corporation created or controlled by such center from service with entities contracting with the regional development center or nonprofit corporation; to prohibit an employee of a regional development center or nonprofit corporation, a family member of such employee, or a business in which such employee or family member holds a substantial interest from transacting business with the regional development center or nonprofit corporation; to provide for certain disclosures relative to loan transactions and the transaction of business with local governments; to provide that such disclosures shall be public records; to provide exceptions; to provide penalties; to provide for the development of systems for and procedures relative to competitive bidding by regional development centers; to provide for approval by the commissioner of Community Affairs; to provide annual reports to the Board of Community Affairs; to provide that a director or chief administrative officer of a regional development center shall not actively or directly attempt to influence the election of members to the board of such regional development center; to authorize the adoption of personnel policies relative to disciplinary measures for noncompliance; 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 striking from Code Section 50-8-36, relating to human service programs and the direct delivery of governmental services to consumers, subsection (c) which reads as follows:
"(c) When a regional development center administers a contract for the purposes of paragraph (11) of subsection (a) of Code Section 50-8-35, no employee of the regional development center who is compensated for his services by the center shall also serve, during the period of any such contract, as a board member, officer, or paid employee of the entity contracting with the regional development center.", in its entirety.
Section 2. Said chapter is further amended by adding immediately following Article 2, relating to regional development centers, a new Article 3 to read as follows:
"ARTICLE 3
50-8-60. As used in this article, the term: (1) 'Board member' means any member of the board of a regional development
center established under Article 2 of this chapter. (2) 'Business' means any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual, trust, or other legal entity.
(3) 'Center' means a regional development center established under Article 2 of this chapter.
(4) 'Commissioner' means the commissioner of community affairs. (5) 'Employee' means any person who, pursuant to a written or oral contract, is employed by a center or by a nonprofit corporation. (6) 'Family' means spouse and dependents. (7) 'Nonprofit corporation' means any nonprofit corporation created or controlled by a regional development center as expressly authorized by law, or as administratively authorized pursuant to paragraph (21) of Code Section 50-8-31 and subsection (e) of Code Section 50-8-35. (8) 'Person' means any person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other legal entity. (9) 'Substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of any business.
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(10) 'Transact business' or 'transact any business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative; to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative; or to obtain loans or loan packaging services on behalf of oneself or any third party as an agent, dealer, broker, or representative. 50-8-61. When a center or nonprofit corporation administers a contract for the purposes of this chapter, no employee who is compensated for his services by either the center or nonprofit corporation nor any member of a board or advisory committee of the center or nonprofit corporation that plays a role in determining center or nonprofit corporation contracts shall also serve, during the period of any such contract, as a board member, officer, independent contractor, or paid employee of the entity contracting with the center or nonprofit corporation; provided, however, this Code section shall not preclude an employee of a center from serving, without compensation, as an officer of a nonprofit corporation for the purposes of executing loan transactions. Any person who knowingly violates this Code section shall be subject to the penalties provided for in Code Section 50-8-66. 50-8-62. It shall be unlawful for any employee, any member of an employee's family, or any business in which such employee or member of his family has substantial interest, individually or collectively, to transact any business with either the center or nonprofit corporation by which such employee is employed or affiliated. Any person who knowingly violates this Code section shall be subject to the penalties provided for in Code Section 50-8-66. 50-8-63. (a) Except as provided in subsection (b) of this Code section, any employee, any member of such employee's family, or any business in which such employee or any member of his family has a substantial interest, individually or collectively, who transacts business with any local government shall disclose such transactions annually. Such disclosures shall be submitted to the board of directors of the center and to the commissioner prior to January 31 each year on such forms as are prescribed by the commissioner. At a minimum, the disclosures shall include an itemized list of the previous year's transactions with the dollar amount of each transaction reported and totaled. Such disclosure statements shall be public records. (b) The requirement to disclose certain transactions as provided in subsection (a) of this Code section shall not apply to any transaction when the amount of a single transaction does not exceed $100.00 and when the aggregate of all transactions does not exceed $2,000.00 per calendar year.
(c) Any member of a board or advisory committee of the center or nonprofit corporation who plays a role in determining loan transactions or any member of such person's family who obtains a loan or loan packaging services from such center or nonprofit corporation shall disclose such transaction at the time of application for such loan or loan packaging services to the board of directors of the center and to the commissioner. Such disclosure statements shall be public records.
(d) Any person who fails to file a disclosure statement as required in subsections (a) and (c) of this Code section shall be subject to the penalties provided for in Code Section 50-8-66.
50-8-64. On or before January 1, 1993, each center shall develop a system for competitive bidding relating to the purchase of supplies, equipment, and services and the letting of other contracts and submit written procedures governing such systems to the board of directors of the center and to the commissioner. Such procedures must accommodate any applicable fund source requirements relating to procurement and must provide, at a minimum, that contracts let out for bid shall be awarded to the lowest responsible bidder.
50-8-65. Within 30 days after the completion of its fiscal year, each center shall provide to the Board of Community Affairs a report containing the following information:
(1) The name and address of each contractor, public or private, with which the center contracted and which received more than a total of $500.00 from the center; and
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(2) The amount of public funds received by the contractor from the center. 50-8-66. Any employee who violates Code Section 50-8-61, 50-8-62, or 50-8-63 shall be subject to a civil fine not to exceed $10,000.00. 50-8-67. A director or chief administrative officer of a regional development center shall not actively or directly attempt to influence the election of persons as members of the board of such regional development center. The board of a regional development center may adopt, as part of its personnel policies, disciplinary measures to be imposed for noncompliance with this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Jamieson of the llth moved that the House agree to the Senate substitute to HB 1680.
On the motion, the ayes were 98, nays 0.
The motion prevailed.
HB 1644.
By Representative Jones of the 71st:
A bill to amend Code Section 21-3-105 of the Official Code of Georgia Annotated, relating to notice of intent of write-in candidates in general or special municipal elections and filing of an affidavit of intention of candidacy, so as to change the provisions relative to the person to whom a notice of intention of candidacy must be given.
The following Senate substitute was read:
A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions regarding the fixing and publishing of qualification fees; to change certain provisions regarding the qualification of candidates for party nomination in a primary; to change certain provisions relating to procedures for voting by absentee ballot; to change the provisions relative to the person to whom a notice of intention of candidacy must be given; to authorize persons to be sworn in to municipal office while an election contest is pending; to provide for the effect of final judgments; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking paragraph (1) of subsection (a) of Code Section 21-2-131, relating to the fixing and publishing of qualification fees, and inserting in its place a new paragraph (1) to read as follows:
"(1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;".
Section 2. Said title is further amended by striking subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subsection (c) to read as follows:
"(c) In the case of a general primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary
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and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary."
Section 3. Said title is further amended by striking subsection (b) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, and inserting in its place a new subsection (b) to read as follows:
"(b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector who is qualified to vote in the same county as the disabled or illiterate elector or the mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-inlaw, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the disabled or illiterate elector. The person rendering assistance to the elector in preparing the ballot shall sign the oath printed on the same envelope as the oath to be signed by the elector. If the disabled or illiterate elector is sojourning outside his own county, a notary public of the jurisdiction may give such assistance and shall sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff."
Section 4. Said title is further amended by striking subsections (a) and (b) of Code Section 21-3-105, relating to notice of intent of write-in candidates, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) In a general or special municipal election, no person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the election, to the mayor or aimi te officer the superintendent as defined in paragraph (31) of Code Section 21-3-2 of the municipality and by publication in the official gazette of the municipality holding the election.
(b) In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the mayor or similar officer the superintendent as defined in paragraph (31) of Code Section 21-3-2 of the municipality, a copy of the notice as published with an affidavit stating that the notice has been published, with the name of the newspaper and the date of publication, not later than the fifth day after the deadline for filing and publishing such notice. The affidavit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher."
Section 5. Said title is further amended by striking subsection (b) of Code Section 21-3-285, relating to procedure for voting by absentee ballot, and inserting in its place a new subsection (b) to read as follows:
"(b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector selected by such elector who is qualified to vote in the same municipality as the disabled or illiterate elector; or the father, mother, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the disabled or illiterate elector. The person rendering assistance to the elector in preparing the ballot shall sign the oath printed on the same envelope as the oath to be signed by the elector. If the disabled or illiterate elector is sojourning outside his own municipality, a notary public of the jurisdiction may give such assistance and shall then sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff."
Section 6. Said title is further amended by adding a new Code section immediately following Code Section 21-3-408, to be designated Code Section 21-3-408.1, to read as follows:
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"21-3-408.1. A person elected to a municipal office may be sworn into office notwithstanding that the election of such person may be contested in the manner provided by this chapter. Upon the final judgment of the proper tribunal having jurisdiction of a contested election which orders a second election or declares that another person was legally elected to the office, the person sworn into office shall cease to hold the office and shall cease to exercise the powers, duties, and privileges of the office immediately."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Representative Holmes of the 28th moved that the House agree to the Senate substitute to HB 1644.
On the motion, the ayes were 101, nays 1.
The motion prevailed.
HB 1162.
By Representative Adams of the 79th:
A bill to amend Code Section 49-2-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Human Resources, so as to provide that at least one member of such board shall be a physically handicapped person.
The following Senate substitute was read:
A BILL
To amend Code Section 49-2-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Human Resources, so as to change the composition of such board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-2-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Human Resources, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created a Board of Human Resources which shall establish the general policy to be followed by the Department of Human Resources created by Code Section 49-2-1. The board shall consist of 15 members, with at least one but not more than two from each congressional district in the state, appointed by the Governor and confirmed by the Senate. Seven members of the board shall be engaged professionally in rendering health services, ad at least five of these seven members shall be licensed to practice medicine pursuant to Chapter 34 of Title 432 at least one member shall be licensed to practice dentistry pursuant to Chapter H of Title 43, at least one member shall be a consumer of services and at least one member shall be a licensed nursing home administrator pursuant to Chapter 27 of Title 43. After July 1^ 1993, at least one member of the board shall be a physically handicapped person."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Adams of the 79th moved that the House agree to the Senate substitute to HB 1162.
On the motion, the ayes were 97, nays 0.
The motion prevailed.
TUESDAY, MARCH 24, 1992
3271
HB 1272.
By Representatives Williams of the 90th, Dunn of the 73rd, Connell of the 87th, Ricketson of the 82nd, Brown of the 88th and others:
A bill to amend Code Section 33-3-6 of the Official Code of Georgia Annotated, relating to requirements for insurance companies as to capital stock or surplus, so as to provide that the Commissioner of Insurance shall be authorized to grant an extension to a domestic insurer that has not met certain minimum requirements.
The following Senate amendment was read:
Amend HB 1272 by striking on line 11 of page 2 the following: "$400,000.00", and inserting in lieu thereof the following: "$1.5 million".
Representative Williams of the 90th moved that the House agree to the Senate amendment to HB 1272.
On the motion, the ayes were 109, nays 1.
The motion prevailed.
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 Annotated, 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 administrative oversight responsibilities.
The following Senate substitute was read:
A BILL
To amend Code Section 47-7-82 of the Official Code of Georgia Annotated, 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 administrative oversight responsibilities; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-7-82 of the Official Code of Georgia Annotated, relating to membership in the Georgia Firemen's Pension Fund by a fire department employee other than a fireman or volunteer fireman, is amended by designating the existing language of such Code section as subsection (a) and by inserting immediately thereafter a new subsection (b) to read as follows:
"(b) Notwithstanding the provisions of subsection (a) of this Code section, a member may continue membership and may continue to earn credit for service rendered following the member's appointment to an administrative position with a state, county, or municipal public safety unit, provided that a significant responsibility of such administrative position involves direct administrative oversight of the operation of a fire department under the jurisdiction of such public safety unit; and provided, further, that at the
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time of such appointment the member has acquired by service as a fireman not less than 15 years of creditable service in the fund. As used in this subsection, the term 'direct administrative oversight' means responsibility in a position having authority over the chief of a fire department for budget, personnel, operations, or purchasing functions relating to the fire-fighting functions of the fire department. Any member who was appointed to such an administrative position prior to July 1, 1992, shall receive credit for service rendered from the date of such appointment if such member pays all dues owing for such period, and the provisions of subsection (b) of Code Section 47-7-60 shall not apply to such period."
Section 2. This Act shall become effective on July 1, 1992, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1992, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Baker of the 51st moved that the House agree to the Senate substitute to HB 711.
On the motion, the ayes were 116, nays 1.
The motion prevailed.
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.
The following Senate substitute was read:
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, Pap smears, and prostate specific antigen tests; to provide for definitions; to provide standards for such coverage; to provide that certain restrictions may apply to such coverage if approved by the Commissioner of Insurance; to authorize greater or more favorable benefits; to provide for applicability to certain societies, corporations, plans, organizations, and entities; to provide for applicability to certain provisions relative to preferred provider arrangements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-29-3.2, relating to individual insurance coverage for mammograms and Pap smears, and inserting in its place a new Code Section 33-29-3.2 to read as follows:
"33-29-3.2. (a) As used in this Code section, the term: (1) 'Female at risk* means a woman: (A) Who has a personal history of breast cancer; (B) Who has a personal history of biopsy proven benign breast disease; (C) Whose grandmother, mother, sister, or daughter has had breast cancer; or (D) Who has not given birth prior to age 30. {i) 'Mammogram' means ay radiological examination ef the brcaat for purposes
TUESDAY, MARCH 24, 1992
3273
service wnicn utilizes rso.101oiCfti eQUipment ftpproVGQ oy trie ucpo.pt
mum frequency: (2) 'Mammogram' means any low-dose radiologic screening procedure for the early
detection of breast cancer provided to a woman and which utilizes equipment approved by the Department of Human Resources dedicated specifically for mammography and includes a physician's interpretation of the results of the procedure or interpretation by a radiologist experienced in mammograms in accordance with guidelines established by the American College of Radiology. Reimbursement for a mammogram authorized under this Code section shall be made only if the facility in which the mammogram was performed meets accreditation standards established by the American College of Radiology or equivalent standards established by this state. Policies subject to this Code section shall contain coverage for mammograms made with at least the following frequency:
(A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age;
(B) Once every two years for any female who is at least 40 but less than 50 years of age;
(C) Once every year for any female who is at least 50 years of age; and (D) When recommended ordered by a physician for a female; without regard te agej where needed for diagnostic purposes or when she; he? mother, or ber sister has had a prior history ef- breast eanee* at risk. {2} (3) 'Pap smear' or 'Papanicolaou smear' means an examination, in accordance with standards established by the American College of Pathologists, of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recommendation order of a physician, which examination may be made once a year or more often if recommended ordered by a physician. {&} (4) 'Policy' means any benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy. (5) 'Prostate specific antigen test' means a measurement, in accordance with standards established by the American College of Pathologists, of a substance produced by the epithelium to determine if there is any benign or malignant prostate tissue. (b) (1) Every insurer authorized to issue an individual accident and sickness insurance policy in this state which includes coverage for any female shall be required te offer, cither include as part of or as an optional a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1000 1992, coverage for mammograms and Pap smears for the covered females which at least meets the minimum requirements of this Code section. (2) Every insurer authorized to issue an individual accident and sickness insurance policy in this state which includes coverage for any male shall include as a part of or as a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1992, coverage for annual prostate specific antigen tests for the covered males who are 45 years of age or older, or for covered males who are 40 years of age or older, if ordered by a physician. (c) The coverage required te be offered under subsection (b) of this Code section shall net contain any may be subject to such exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply te that coverage
under the accident and sickness insurance policy as may be approved by the Commissioner.
(d) Nothing in this Code section shall be construed to prohibit the issuance of individual accident and sickness insurance policies which provide benefits greater than those required to be offered by subsections subsection (b) and (e) of this Code section or more favorable to the insured than those required te be offered by subsections subsection (b) and 4e} of this Code section.
(e) The provisions of this Code section shall apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service
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corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organization, or any similar entity.
(f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating to preferred provider arrangements."
Section 2. Said title is further amended by striking Code Section 33-30-4.2, relating to group insurance coverage for mammograms and Pap smears, and inserting in its place a new Code Section 33-30-4.2 to read as follows:
"33-30-4.2. (a) As used in this Code section, the term: (1) 'Female at risk' means a woman: (A) Who has a personal history of breast cancer; (B) Who has a personal history of biopsy proven benign breast disease; (C) Whose grandmother, mother, sister, or daughter has had breast cancer; or (D) Who has not given birth prior to age 30. ft) 'Mammogram' mcana any radiological examination ef the breast for purposes Drcflst ccmccp wnen pertOPmeet ds d result ot d pnysicitfl peteH'di ^t oy "fl service WHICH utilizes F&uioio^[te&i ecjuipmofit ftppPoveQ oy tne ucpftpt
nuent ot w.uiftdft W-esoufees wliicii cx0.1111n&11on nifty fee mcLde with tlM/ tollowinu mini* mum frequency:
(2) 'Mammogram' means any low-dose radiologic screening procedure for the early detection of breast cancer provided to a woman and which utilizes equipment approved by the Department of Human Resources dedicated specifically for mammography and includes a physician's interpretation of the results of the procedure or interpretation by a radiologist experienced in mammograms in accordance with guidelines established by the American College of Radiology. Reimbursement for a mammogram authorized under this Code section shall be made only if the facility in which the mammogram was performed meets accreditation standards established by the American College of Radiology or equivalent standards established by this state. Policies subject to this Code section shall contain coverage for mammograms made with at least the following frequency:
(A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age;
(B) Once every two years for any female who is at least 40 but less than 50 years of age;
(C) Once every year for any female who is at least 50 years of age; and
(D) When recommended ordered by a physician for a female; without regard te age; where needed for diagnostic purposes er when she; her mother, er her sister has had a prier history ef breast eaneer at risk.
{2} (3) 'Pap smear' or 'Papanicolaou smear' means an examination^ in accordance with standards established by the American College of Pathologists, of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recommendation order of a physician, which examination may be made once a year or more often if recommended ordered by a physician.
{&} (4) 'Policy' means any benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy.
(5) 'Prostate specific antigen test' means a measurement, in accordance with standards established by the American College of Pathologists, of a substance produced by the epithelium to determine if there is any benign or malignant prostate tissue.
(b) (1) Every insurer authorized to issue a group accident and sickness insurance policy in this state which includes coverage for any female shall be required te offer, cither include as part of the peKey or as an optional a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1000 1992, coverage for mammograms and Pap smears for the covered females which at least meets the minimum requirements of this Code section.
TUESDAY, MARCH 24, 1992
3275
(2) Every insurer authorized to issue a group accident and sickness insurance policy in this state which includes coverage for any male shall include as a part of or as a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1^ 1992, coverage for annual prostate specific antigen tests for the covered males who are 45 years of age or older or for covered males who are 40 years of age or older, if ordered by a physician. (c) The coverage required to be offered under subsection (b) of this Code section shall net contain ay may be subject to such exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to that coverage unlcaa sucn proviaiona apply generally to otncr similar ocnctits provided OP paid tor under tnc accident and sic&ncss insurance policy as may oe approved oy me commissioner. (d) Nothing in this Code section shall be construed to prohibit the issuance of group accident and sickness insurance policies which provide benefits greater than those required to be offered by aubacctiona subsection (b) ae> {e} of this Code section or more favorable to the insured than those required to be offered by subsections subsection (b) and (e) of this Code section. (e) The provisions of this Code section shall apply to group accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organization, or any similar entity. (f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of this chapter, relating to preferred provider arrangements."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Thomas of the 31st moved that the House agree to the Senate substitute to HB 538.
On the motion, the ayes were 111, nays 1.
The motion prevailed.
The Speaker assumed the Chair.
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.
The following Senate amendments were read:
SENATE AMENDMENT No. 1
Amend HB 277 by striking from line 7 on page 3 between the word "knows" and the word "that" the word "or".
SENATE AMENDMENT No. 2
Amend HB 277 by striking from line 2 of page 3 the following: "12",
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and inserting in lieu thereof the following: "14".
SENATE AMENDMENT No. 3
Amend HB 277 by striking in their entirety lines 32 through 34 on page 2, which read as follows:
"temporarily prevents a firearm from functioning including, but not limited to, a factory-installed safety mechanism or device.",
and inserting in lieu thereof the following: "prevents a firearm from functioning and which, when applied to the firearm by the
owner or person in possession of the firearm, renders the firearm inoperable."
Representative Abernathy of the 39th moved that the House agree to the Senate amendments to HB 277.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams Y Aiken N Alfotd Y Ashe Y Atkins Y Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield N Birdsong
Blitch Y Bordeaux N Bostick N Branch N Breedlove Y Brooks N Brown N Brush N Buck N Buckner N Byrd Y Campbell
Y Canty N Carrell N Carter Y Cauthorn
N Chafin N Chambless N Cheeks N Childers
N Clark.E N Clark.L Y Coker
Coleman
N Colwell N Connell N Culbreth N Cummings.B Y Cummings.M N Davis.D Y Davis.G N Davis.M Y Dixon.H N Dixon,S
N Dobbs N Dover
Dunn Y Edwards N Elliott N Pelton N Fennel N Floyd,J.M
Floyd,J.W Y Flynt N Godbee N Golden Y Goodwin E Green
N Greene N Griffin Y Groover N Hamilton Y Hammond
Hanner N Harris.B Y Harris.J
N Heard Henson
Y Herbert N Holland Y Holmes N Howard Y Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing N Kingston N Klein NLadd
Lane.D
N Lane.R N Langford Y Lawrence N Lawson
NLee N Long
Lord Y Lucas N Mann Y Martin
Y McBee N McCoy N McKelvey N McKinney.B
McKinney,C
N Meadows Y Merritt
N Milam
N Mills N Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit N Pinholster N Pinkston NPoag N Porter Y Poston N Powell,A N Powell.C N Presley N Purcell Y Randall NRay . N Reaves
Redding N Ricketson
N Royal Selman
Y Sherrill N Simpson Y Sinkfield
Skipper
N Smith.L N Smith.P
Smith.T N Smith,W Y Smyre N Snow
Stancil.F N Stancil.S Y Stanley N Streat Y Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus
Y Tolbert Townsend
Y Turnquest
N Twiggs Y Valenti N Vaughan
Walker,J Walker.L NWall N Watson N Watts
White N Wilder N Williams.B Y Williams,J N Williams.R N Yeargin
Murphy,Spkr
On the motion, the ayes were 48, nays 112. The motion was lost.
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 "nay" thereon.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
TUESDAY, MARCH 24, 1992
3277
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
HB 1607. By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of probation or suspension of sentence, to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations of probation, so as to provide that defendants shall not in the same or related sentences be sentenced to both prison and probation.
The President has appointed on the part of the Senate the following:
Senators Ray of the 19th, Garner of the 30th and Dean of the 31st.
The following Bills and Resolutions of the House and Senate were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 1987. By Representative Smith of the 78th:
A bill to amend an Act creating the Board of Commissioners of Lamar County, so as to change the composition of the commissioner districts from which members of the board of commissioners are elected.
The following Senate substitute was read:
A BILL
To amend an Act creating the Board of Commissioners of Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3752), so as to change the composition of the commissioner districts from which members of the board of commissioners are elected; to provide for definitions and inclusions; to provide for elections and terms; to require submission of this Act to the United States Attorney General for certain approval; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3752), is amended by striking subsections (b) and (c) of Section 1 and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) For the purpose of electing members of the board of commissioners, Lamar County shall be divided into four commissioner districts as follows:
Commissioner District No. 1.
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 269, 270, 271, 272 Tract: 9702.
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Block(s): 145A, 146, 206A, 207, 210A, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 319, 320
Tract: 9703. Block(s): 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 211, 213, 214, 215, 216, 217, 218, 219, 220, 327, 328, 329, 330, 337
Commissioner District No. 2
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 143, 144A, 144B, 144C, 145B, 145C, 145D, 145E, 147A, 147B, 148A, 148B, 148C, 149, 150, 153, 154, 155A, 155B, 155C, 156, 203, 205, 206B, 208, 209, 210B, 420, 422, 424, 504A, 505, 507, 508, 510, 511, 513, 514, 515, 516, 557, 562, 563, 565 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 136A, 152A, 154, 155, 217, 218, 219 VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 101, 102, 103, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 151, 152, 171, 172, 173, 174, 175, 176, 221, 222, 223 VTD: 0004 CHAPPELL GMD 523 (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152B, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180 VTD: 0005 REDBONE GMD 539
Commissioner District No. 3
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413A, 413B, 414, 415, 416, 417A, 417B, 417C, 418A, 418B, 418C, 419, 421, 423, 425, 426, 427, 501, 502A, 502B, 503A, 503B, 504B, 506, 509, 512, 517, 521, 558, 559, 560, 561, 564, 566, 567, 568, 569, 570, 571, 572, 573, 574 Tract: 9703. Block(s): 210, 212, 306A, 306B, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 331, 332, 333, 334, 335, 336, 338, 339, 427, 428, 429, 430A, 430B, 430C, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436A, 436B, 436C, 436D, 437, 438, 439, 440A, 442, 443, 444, 467A, 470, 471, 473, 474A VTD: 0006 PIEDMONT GMD 1494
TUESDAY, MARCH 24, 1992
3279
Commissioner District No. 4
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 191, 192, 265, 266, 267, 268, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387 Tract: 9702. Block(s): 202, 204 Tract: 9703. Block(s): 105, 106, 301, 302, 303, 304, 305, 307A, 307B, 401, 402, 403, 404, 405, 406 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 153A, 184, 185, 186, 187, 188, 189, 193, 194, 195, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252, 253A, 253B, 254, 255, 256, 257, 258, 259A, 259B, 260, 261, 262A, 262B, 263, 264, 273A, 273B, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356A, 356B, 357A, 357B, 358, 359, 360, 361, 362, 363, 364, 365A, 365B, 366A, 366B, 377A, 377B, 378, 379A, 379B VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 104, 105, 201 VTD: 0004 CHAPPELL GMD 523 (Part) Tract: 9701. Block(s): 133, 134, 135, 153B, 156, 157, 158, 159, 160, 163, 181, 182, 183, 190, 201, 202B, 215B
(c) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct* and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Lamar County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Lamar County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district
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JOURNAL OF THE HOUSE,
contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. All members of the Board of Commissioners of Lamar County who were in office on March 1, 1992, shall continue to serve for the remainder of the unexpired terms of office to which they were elected. A successor to each such member shall be elected in the November general election immediately preceding the expiration of such member's term of office.
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Lamar County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Smith of the 78th moved that the House agree to the Senate substitute to HB 1987.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 1988.
By Representative Smith of the 78th:
A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to change the composition of education districts from which members of the board of education are elected.
The following Senate substitute was read:
A BILL
To amend an Act providing for the election of members of the Board of Education of Lamar County, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3740), so as to change the composition of education districts from which members of the board of education are elected; to provide for definitions and inclusions; to provide for elections and terms; to require submission of this Act to the United States Attorney General for certain approval; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of members of the Board of Education of Lamar County, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved March 2, 1987 (Ga. L. 1987, p. 3740), is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The Board of Education of Lamar County shall be composed of five members.
(b) For the purpose of electing members of the board, the Lamar County School District shall be divided into four education districts as follows:
Education District No. 1^
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part)
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3281
Tract: 9701. Block(s): 269, 270, 271, 272
Tract: 9702. Block(s): 145A, 146, 206A, 207, 210A, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 319, 320
Tract: 9703. Block(s): 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 211, 213, 214, 215, 216, 217, 218, 219, 220, 327, 328, 329, 330, 337
Education District No. 2
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 143, 144A, 144B, 144C, 145B, 145C, 145D, 145E, 147A, 147B, 148A, 148B, 148C, 149, 150, 153, 154, 155A, 155B, 155C, 156, 203, 205, 206B, 208, 209, 210B, 420, 422, 424, 504A, 505, 507, 508, 510, 511, 513, 514, 515, 516, 557, 562, 563, 565 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 136A, 152A, 154, 155, 217, 218, 219 VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 101, 102, 103, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 151, 152, 171, 172, 173, 174, 175, 176, 221, 222, 223 VTD: 0004 CHAPPELL GMD 523 (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152B, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180 VTD: 0005 REDBONE GMD 539
Education District No. 3
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9702. Block(s): 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413A, 413B, 414, 415, 416, 417A, 417B, 417C, 418A, 418B, 418C, 419, 421, 423, 425, 426, 427, 501, 502A, 502B, 503A, 503B, 504B, 506, 509, 512, 517, 521, 558, 559, 560, 561, 564, 566, 567, 568, 569, 570, 571, 572, 573, 574 Tract: 9703. Block(s): 210, 212, 306A, 306B, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 331, 332, 333, 334, 335, 336, 338, 339, 427, 428, 429, 430A, 430B, 430C, 431, 432, 433A, 433B,
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JOURNAL OF THE HOUSE,
434A, 434B, 435A, 435B, 436A, 436B, 436C, 436D, 437, 438, 439, 440A, 442, 443, 444, 467A, 470, 471, 473, 474A VTD: 0006 PIEDMONT GMD 1494
Education District No. 4
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 191, 192, 265, 266, 267, 268, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387 Tract: 9702. Block(s): 202, 204 Tract: 9703. Block(s): 105, 106, 301, 302, 303, 304, 305, 307A, 307B, 401, 402, 403, 404, 405, 406 VTD: 0002 MILNER GMD 540 (Part) Tract: 9701. Block(s): 153A, 184, 185, 186, 187, 188, 189, 193, 194, 195, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252, 253A, 253B, 254, 255, 256, 257, 258, 259A, 259B, 260, 261, 262A, 262B, 263, 264, 273A, 273B, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356A, 356B, 357A, 357B, 358, 359, 360, 361, 362, 363, 364, 365A, 365B, 366A, 366B, 377A, 377B, 378, 379A, 379B VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 104, 105, 201 VTD: 0004 CHAPPELL GMD 523 (Part) Tract: 9701. Block(s): 133, 134, 135, 153B, 156, 157, 158, 159, 160, 163, 181, 182, 183, 190, 201, 202B, 215B
(c) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of the Lamar County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
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3283
(5) Any part of the Lamar County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. All members of the Board of Education of Lamar County in office on March 1, 1992, shall continue to serve for the remainder of their unexpired terms of office to which they were elected. A successor to each such member shall be elected in the November general election immediately preceding the expiration of such member's term of office.
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Lamar County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Smith of the 78th moved that the House agree to the Senate substitute to HB 1988.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 1487. By Representatives Thomas of the 55th, Davis of the 29th, Porter of the 119th, Baker of the 51st, Oliver of the 53rd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to amend the points system to provide for points for failure to secure a load on a motor vehicle.
The following Senate amendments were read:
SENATE AMENDMENT #1 Amend HB 1487 by inserting on line 6 of page 2 after the word "load" the following: j except fresh farm produce,".
SENATE AMENDMENT #2
Amend HB 1487 on page 2 line 8, strike "Public Safety Hazard" and insert "An Accident".
Representative Thomas of the 55th moved that the House agree to the Senate amendments to HB 1487.
On the motion, the ayes were 112, nays 1.
The motion prevailed.
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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 Annotated, relating to where offenses are bailable and the procedure and schedule of bails, so as to provide that a judge of the superior court may delegate the authority to hear and set bail for certain offenses to any judge of any court of inquiry within the same judicial circuit.
The following Senate substitute was read:
A BILL
To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and 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 such superior court judge's circuit; to provide an exception; to provide for the jurisdiction of the judge receiving the delegation; to provide a limitation on such delegation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and the procedure and schedule of bails, is amended by designating the current subsection (h) as subsection (i) and inserting a new subsection (h) to read as follows:
"(h) Except in cases in which life imprisonment or the death penalty may be imposed, a judge of the superior court by written order may delegate the authority provided for in this Code section to any judge of any court of inquiry within such superior court judge's circuit. However, such authority may not be exercised outside the county in which said judge of the court of inquiry was appointed or elected. The written order delegating such authority shall be valid for a period of one year, but may be revoked by the superior court judge issuing such order at any time prior to the end of that oneyear period."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Hammond of the 20th moved that the House agree to the Senate substitute to HB 875.
On the motion, the ayes were 111, nays 0.
The motion prevailed.
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.
The following Senate substitute was read:
A BILL
To amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the possession by persons under 21 years of age of alcoholic beverages, so
TUESDAY, MARCH 24, 1992
3285
as to provide that persons under 21 years of age who are convicted of unlawful possession of alcoholic beverages may be required to complete a DUI Alcohol or Drug Use Risk Reduction Program; to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to suspension and reinstatement of a driver's license, so as to provide for suspension of the driver's license of any person under 21 years of age who is convicted of the unlawful possession of alcoholic beverages while operating a motor vehicle; to require completion of a DUI Alcohol or Drug Use Risk Reduction Program as a condition of reinstatement of such license; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the possession by persons under 21 years of age of alcoholic beverages, is amended by adding a new subsection (f) to read as follows:
"(f) In addition to any other punishment or sentence, the court may order all persons convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources within 120 days of such conviction or sentence. Failure to complete such program within 120 days shall be contempt of court and shall be punished by a fine of not more than $300.00 or 20 days imprisonment, or both. If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor vehicle, the court shall report such conviction or sentence to the Department of Public Safety within ten days after conviction or sentencing."
Section 2. Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to suspension and reinstatement of a driver's license, is amended by adding a new subsection (f) to read as follows:
"(f) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that he completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Barnett of the 59th moved that the House agree to the Senate substitute to HB 150.
On the motion, the ayes were 100, nays 2.
The motion prevailed.
HB 825. By Representatives Felton of the 22nd and Campbell of the 23rd:
A bill to amend Code Section 36-67-4 of the Official Code of Georgia Annotated, relating to zoning proposal recommendation standards applicable to zoning procedures for counties and municipalities meeting certain population requirements, so as to encourage the creation of planning commissions to serve identifiable areas and communities.
The following Senate amendment was read:
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JOURNAL OF THE HOUSE,
Amend HB 825 by striking on line 5 of page 2 the following: "is encouraged to", and inserting in lieu thereof the following: "may".
Representative Felton of the 22nd moved that the House agree to the Senate amendment to HB 825.
On the motion, the ayes were 96, nays 5.
The motion prevailed.
HB 1210.
By Representatives Golden of the 148th, Wall of the 61st and Flynt of the 75th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to prohibit loan brokers from performing certain acts; to provide definitions; to provide for the responsibility of principals; to provide for investigations, cease and desist orders, and hearing procedures with respect to loan brokers.
The following Senate amendment was read:
Amend HB 1210 by striking on line 25 of page 1 the following: "consumers", and inserting in lieu thereof the following: "potential borrowers". By adding at the end of line 17 of page 2 the following: "or any third party soliciting borrowers for a regulated lender pursuant to a written contract with the regulated lender".
Representative Golden of the 148th moved that the House agree to the Senate amendment to HB 1210.
On the motion, the ayes were 94, nays 2.
The motion prevailed.
HB 1286.
By Representatives Kilgore of the 42nd and Holland of the 136th:
A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, so as to clarify certain conditions, limitations, and procedures under which taxpayers shall qualify for the freeport exemption.
The following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, so as to clarify certain conditions, limitations, and procedures under which taxpayers shall qualify for the freeport exemption;
TUESDAY, MARCH 24, 1992
3287
to provide for definitions; to provide for stylistic revision; to provide for determination of exemption periods; to change the provisions regarding elections; to provide when such exemption may be commenced; to provide for statutory construction; to provide for duties of the state revenue commissioner; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, is amended by striking Code Section 48-5-48.1, relating to application for the freeport exemption, and inserting in its place a new Code Section 48-5-48.1 to read as follows:
"48-5-48.1. (a) Any person, firm, or corporation seeking an exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia or Code Section 48-5-48.2 shall file a written application and schedule
F tUFR3 of property t&t tflxfltion on rOHtts to oc lUFnisficct uy sucn tflx otiicisi county board of tax assessors on forms furnished by such board. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commissioner of the county in which the property is located closes his books for the return of taxes.
(b) The application for the tangible personal property inventory exemption shall provide for:
(1) A schedule of the inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia;
(2) A schedule of the inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods; and
(3) A schedule of the inventory of finished goods which on January 1 are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment outside the State of Georgia and the inventory of finished goods which are shipped into the State of Georgia from outside this state and which are stored for transshipment to a final destination outside this state. The information required by Code Section 48-5-48.2 to be contained in the official books and records of the warehouse, dock, or wharf where such property is being stored, which official books and records are required to be open to the inspection of taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption. (c) The failure to file properly the application and schedule shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year."
Section 2. Said article is further amended by striking Code Section 48-5-48.2, relating to the freeport exemption, and inserting in its place a new Code Section 48-5-48.2 to read as follows:
"48-5-48.2. Article VHj Section H; Paragraph IB <> ef the Constitution ef- the State
sofifll ptopcpty; commonly Known tts trie irccport c x 6HIption , lopmcriy ^rsntcd oy the Constitution ef WWr Said Article VH; Section H^ Paragraph HI (a) ef- the Constitution
subject te the same conditions, limitations, definitions, and procedures provided for fey the following provisions ef the Constitution ef 1076:
(a) As used in this Code section, the term:
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JOURNAL OF THE HOUSE,
(1) 'Destined for shipment to a final destination outside this state' includes that portion or percentage of an inventory of finished goods which the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, is reasonably anticipated to be shipped to a final destination outside this state. Such other reasonable, documented method may only be utilized in the case of a new business, in the case of a substantial change in scope of an existing business, or in other unusual situations where a historical sales or shipment analysis does not adequately reflect future anticipated shipments to a final destination outside this state. It is not necessary that the actual final destination be known as of January 1 in order to qualify for the exemption.
(2) 'Finished goods' shall mean goods, wares, and merchandise of every character and kind but shall not include unrecovered, unextracted, or unsevered natural resources or raw materials or goods in the process of manufacture or production or the stock in trade of a retailer.
(3) 'Raw materials' shall mean any material, whether crude or processed, that can be converted by manufacture, processing, or a combination thereof into a new and useful product but shall not include unrecovered, unextracted, or unsevered natural resources.
(4) 'Stock in trade of a retailer' means finished goods held by one in the business of making sales of such goods at retail in this state, within the meaning of Chapter 8 of this title, when such goods are held or stored at a business location from which such retail sales are regularly made. Goods stored in a warehouse, dock, or wharf, including a warehouse or distribution center which is part of or adjoins a place of business from which retail sales are regularly made, shall not be considered stock in trade of a retailer to the extent that the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, the portion or percentage of such goods which is reasonably anticipated to be shipped outside this state for resale purposes.
'- (b) The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for State state purposes, all or any combination of the following types of tangible personal property:
(1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State ef Georgia this state. The exemption provided for herein in this paragraph shall apply only to tangible personal property which is substantially modified, altered2 or changed in the ordinary course of the taxpayer's manufacturing, processing2 or production operations in this State, state;
(2) Inventory of finished goods manufactured or produced within the State efGeorgia this state in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for herein in this paragraph shall be for a period not exceeding twelve {!} 12 months from the date such property is produced or manufacturedT 2 or
(3) Inventory of finished goods which, on the first day ef January !_, are stored in a warehouse, dock2 or wharf, whether public or private, and which are destined for shipment to a final destination outside the State ef- Georgia this state and inventory of finished goods which are shipped into the State ef Georgia this state from outside this State state and stored for transshipment to a final destination outside this State state. The exemption provided for herein in this paragraph shall be for a period not exceeding twelve {12} 12 months from the date such property is stored in this State
StfltS. nil pFOp6Tliy tllflt 19 CiftHUlQu t0 OC CXGffipt UnCtCF til6 pPOVIS1OHS Or tillS 9UD9CC"
tion siiftll D Ocsif)tted ftft DCinj tft tFflnsit upon tiic otiicisi DooKs find records or the warehouse, dock, or wharf, whether public ef private, where such property is being
TUESDAY, MARCH 24, 1992
3289
stored. Such period shall be determined based on application of a first-in, first-out
method of accounting for the inventory. Seh The official books and records of the warehouse, dock, or wharf where such property is being stored shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books
and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such *% transit" property; for which a freeport exemption has been claimed shall be at all times open to the inspection of all taxing authorities of this
State state and of any political subdivision of this State state.
{a) "Finished Goods" shall mean goods, wares, and merchandise ef every chares ter and kind, feat shall net include unrccovcrcd, uncxtractcd, e* unscvcrcd natural resources, OF rftw in&t6i>itl9> P [ood9 m tiic process ot nidnuiftcture OP ppouuctiori, or the stock-in-trade ef a retailer.
IVlfltcri&ls snfitll iwcflR flwy mdtcpiQl whether crude or processed tftst fey manufacture, processing, er combination inte a new and useful
otit shfvii mot include uttfecoveredj tinextrflctefl OP unsevcrcd nsturfti
(c) Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided herein in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined herein in this Code section which are being proposed to be exempted from taxation. The election superintendent shall set tne date ef such election for a day net teas than 30 ner mere than 4& days after the date ef the issuance ef issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540 or 21-3-52, as applicable.
(d) The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided herein in this Code section may, by appropriate resolution, a copy of which shall be immediately transmitted to the State Revenue Com missioner state revenue commissioner, exempt from taxation 20-%- percent, 40-%- percent, 60%- percent, 80%- percent or all of the value of such tangible personal property as defined herein. Provided in this Code section; provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided herein in this Code section. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the State Revenue Commissioner; state revenue commissioner, provided; that such increase shall be in increments of 20-%- percent, 40%- percent, 60% percent, or 80-%- percent of the value of such tangible personal property as defined herein in this Code section, within the discretion of such governing authority.
(e) (1) If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing with the next on the first day of any ensuing calendar year; ] otherwise such exemption may not be granted. This paragraph is intended to clearly provide that following approval of such exemption in such referendum, such exemption may be granted on the first day of any calendar year following the year in which such referendum was conducted. This paragraph shall not be construed to imply that the granting of such exemption could not previously be delayed to any such calendar year.
(2) Exemptions may only be revoked by a referendum election called and conducted as provided herein; in this Code section, provided; that the call for such referendum shall not be issued within five years from the date such exemptions were first
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JOURNAL OF THE HOUSE,
granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum.1 (f) The commissioner shall by regulation adopt uniform procedures and forms for the use of local officials in the administration of this Code section. Said provisions ef- the Constitution ef- 1976 shall continue m effect a* statutory law until otherwise provided for by lawr"
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Kilgore of the 42nd moved that the House agree to the Senate substitute to HB 1286.
On the motion, the ayes were 91, nays 0.
The motion prevailed.
HB 1530.
By Representatives Mobley of the 64th and Twiggs of the 4th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to abolish the State Patrol Disciplinary Board.
The following Senate substitute was read:
A BILL
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to abolish the State Patrol Disciplinary Board; to provide for administration of disciplinary actions; to provide procedures for promotions; to extend arrest powers to nonuniformed investigators; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Section 35-1-6, relating to appointment of nonuniformed investigators, in its entirety and inserting in lieu thereof a new Code Section 35-1-6 to read as follows:
atee includes property owned by departments, bureaus, commissions, er authorities ef
(fe) (a) The commissioner is authorized to appoint twe five nonuniformed investigators who shall be certified peace officers pursuant to Chapter 8 of this title, the 'Georgia Peace Officer Standards and Training Act.' The commissioner shall determine the salaries of such investigators. The investigators shall be in the unclassified service of the State Merit System of Personnel Administration and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment as may now or hereafter be established by the State Personnel Board, the State Merit System of Personnel Administration, or any successor boards or agencies. The investigators shall be assigned to the Internal Affairs Section of the Department of Public Safety in the office of the commissioner at the department's headquarters complex.
{e} (b) The investigators shall have full arrest powers in cases involving internal affairs and in such cases shall be authorized:
TUESDAY, MARCH 24, 1992
3291
(1) To investigate crimes committed en property owned by anywhere in the state; (2) To arrest any person violating the criminal laws of this state en property
(3) To serve and execute warrants en property owned by the state after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants;
(4) To enforce in general the criminal laws of this state en property owned by the state; and
(5) To carry firearms while performing their duties."
Section 2. Said title is further amended by striking subsection (b) of Code Section 35-2-36, relating to the ranking of personnel in the Uniform Division, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The personnel of the battalion shall be ranked according to a semimilitary structure with such ranks as the board shall deem appropriate, including, but not restricted to, the following:
(1) Major; (2) Captain; (3) First lieutenant; {4) Sergeant major; (6) (4) Sergeant first class; (6) (5) Sergeant; ?} (6) Corporal; 48} (7) Trooper first class; {9} (8) Trooper; (10) (9) Trooper cadets; and (11) (10) Process servers."
Section 3. Said title is further amended by striking subsection (e) of Code Section 35-2-42, relating to compensation of certain personnel of the department, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) This Code section is not intended to repeal existing law concerning the following:
(1) The authority of the board to pay certain medical expenses incurred by any member of the Georgia State Patrol or the Georgia Bureau of Investigation;
(2) The authority of the commissioner to provide uniforms and supplies to members of the Uniform Division;
(3) The requirement that board and quarters be furnished to every member of the Uniform Division on active duty; or
(4) The authorization for officers and troopers to receive a legal award offered for the apprehension of any criminalj L
{&) T-he State Patrol Disciplinary Board, its composition, and its responsibilities
Section 4. Said title is further amended by striking Code Section 35-2-45, relating to promotions and demotions of personnel in the Uniformed Division, in its entirety and inserting in lieu thereof a new Code Section 35-2-45 to read as follows:
"35-2-45. (a) Any trooper first class of the Uniform Division of the Department of Public Safety shall be eligible for promotion to the rank of corporal, provided he has served a period of 34 12 months in the Georgia State Patrol including the period of probation.
(b) Any noncommissioned or commissioned officer shall be eligible for promotion to a higher rank, provided he has served at least one year in the preceding rankT and prevideo., iurtrieF ttist ft scrg6snt nutty fee* promoted to trie P&HK &r iieutensnt> witnout nflv* in^ to serve itt trie fftnit of scr^eftnt mftjop tor ft period of rt le&st/ one ycflp.
(c) Promotions to ranks of corporal through lieutenant shall be made en the basts ef merit in accordance with this Code section in accordance with the Georgia State Patrol Promotion System.
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{&)--Demotion fre any rank er grade shall be heal by the State Patrol Diaciplinary Beard; ahould the member being demoted desire a hearing.
&)--Periodic performance rankings shall be made, net less than annually, of each sworn member titpou^jn trie gFdde ot lieut/ensnt, r&nKing escft memDcr flccording nis pelfltive position wrtnm ftis post of section. ta&cR supervisor siiflii remit tftose members under h supervision."
Section 5. Said title is further amended by striking Code Section 35-2-46, relating to the term of service and grounds and procedures for discharge of certain personnel of the Department of Public Safety, in its entirety and inserting in lieu thereof a new Code Section 35-2-46 to read as follows:
"35-2-46. All the officers, troopers, communications officers, and driver driver's license examiners, except the commissioner and deputy commissioner, shall be entitled to serve until retirement; provided, however, that the commissioner or his designee may discharge any officer, trooper, communications officer, or driver driver's license examiner. This may be accomplished by preferring charges before the State PatfeJ Disciplina*y Beard appropriate division director before which whom the officer, trooper, communications officer, or driver driver's license examiner shall have an opportunity for hearing. The charges which may be preferred shall consist of one or more of the following: unfitness to perform assigned duties, insubordination, misconduct, conduct reflecting discredit on the department, commission of a felony or other crime involving moral turpitude, failure to report to work without justifiable cause, chronic absenteeism, or political activity as defined in the rules and regulations adopted pursuant to Chapter 20 of Title 45. This Code section shall not apply to persons separated from the department due to curtailment of funds or reduction in staff when the separation is in accordance with the rules and regulations of the State Merit System of Personnel Administration."
Section 6. Said title is further amended by striking Code Section 35-2-47, relating to suspension of members of the Georgia State Patrol, in its entirety and inserting in lieu thereof a new Code Section 35-2-47 to read as follows:
"35-2-47. The commissioner or his designee may suspend any officer, trooper, communications officer, or driver's license examiner from duty for cause and without pay until the hearing before the State Patrol Disciplinary Board appropriate division director is held, where it is likely that the employee has committed a felony or other crime involving moral turpitude, or where the retention of the employee in active duty status may result in damage to property or may be detrimental or injurious to the employee, his fellow workers, persons under the employee's charge, or the general public, or in other emergency situations as defined in the rules and regulations adopted pursuant to Chapter 20 of Title 45. Pending the employee's hearing before the State Patrol Disciplinary Beard appropriate division director, the officer, trooper, communications officer, or driver driver's license examiner shall not be allowed to wear the uniform of the Georgia State Patrol or perform any duties thereof."
Section 7. Said title is further amended by striking Code Section 35-2-48, relating to the State Patrol Disciplinary Board, which reads as follows:
"35-2-48. (a) The State Patrol Disciplinary Board shall be composed of the commanding officer or his designee as chairman and six sworn members of equal or greater rank than the individual being charged appointed by the commissioner; provided, however, that, when charges are preferred against an employee of the Department of Public Safety other than a member of the Uniform Division, the State Patrol Disciplinary Board shall be composed of the commanding officer or his designee as chairman and six employees of the Department of Public Safety appointed by the commissioner. The State Patrol Disciplinary Board shall be appointed as needed and the members of such board shall serve at the pleasure of the commissioner.
(b) Any officer, trooper, communications officer, or driver license examiner who has charges preferred against him shall receive a copy thereof as soon as practicable.
(c) The hearing before the disciplinary board must be held on a date which provides the employee with at least five calendar days' and not more than 30 calendar days'
TUESDAY, MARCH 24, 1992
3293
advance written notice of the hearing except as otherwise provided in the rules and regulations of the State Personnel Board.
(d) The hearing before the disciplinary board shall be informal and rules of evidence shall not apply. The disciplinary board is authorized to consider any information that may be presented to it by oral or written means. The officer, trooper, communications officer, or driver license examiner shall be given an opportunity to present to the disciplinary board any information which he desires the disciplinary board to consider.
(e) The disciplinary board shall, after considering the information presented to it, make a recommendation to the commissioner as to what action shall be taken. This recommendation shall in no way bind the commissioner. The commissioner's decision shall be final and there shall be no appeal therefrom within the department.", in its entirety.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Representative Mobley of the 64th moved that the House agree to the Senate substitute to HB 1530.
On the motion, the ayes were 94, nays 1.
The motion prevailed.
HB 1549.
By Representatives Oliver of the 53rd, Baker of the 51st, Colwell of the 4th, Byrd of the 153rd, Hamilton of the 124th and others:
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 repeal a certain definition; to change the provisions relating to certain duties of the Council of Juvenile Court Judges.
The following Senate amendment was read:
Amend HB 1549 by adding on line 1 of page 19 between the comma and the word "and" the following:
"the Children and Youth Coordinating Council,".
By striking from line 9 of page 36 the word "and".
By striking the period from the end of line 13 of page 36 and inserting in lieu thereof the following:
By adding between lines 13 and 14 on page 36 the following:
"(3) Provide casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; pay the costs of returning such runaway children and youths to their home communities; and provide such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39."
Representative Oliver of the 53rd moved that the House agree to the Senate amendment to HB 1549.
On the motion, the ayes were 105, nays 4.
The motion prevailed.
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HB 1580.
By Representatives Orrock of the 30th, Mills of the 20th and Oliver of the 53rd:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide that certain undertakings will constitute the practice of podiatry.
The following Senate amendment was read:
Amend HB 1580 by adding "or her" after his on line 49.
Representative Orrock of the 30th moved that the House agree to the Senate amendment to HB 1580.
On the motion, the ayes were 107, nays 1.
The motion prevailed.
HB 1263.
By Representatives Jackson of the 9th, Barnett of the 10th, Lawson of the 9th, Orr of the 9th, Colwell of the 4th and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide for the return for taxation of boats in the county in which such boat is located.
The following Senate substitute was read:
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 change the taxable situs of certain tangible personal property which is located for recreational or convenience purposes in a county other than the county where the owner maintains a permanent legal residence; to provide for definitions; 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. 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, is amended by adding a new subsection immediately following subsection (c) of Code Section 48-5-16, relating to the tax situs of certain tangible personal property, to be designated subsection (d), to read as follows:
"(d) (1) As used in this subsection, the term: (A) 'Boat' means every description of watercraft used or capable of being used
as a means of transportation on the water. (B) 'Functionally located' means located in a county in this state for 184 days
or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may, but shall not be required to be, consecutive. (2) Any person who owns tangible personal property in the form of a boat which is functionally located for recreational or convenience purposes in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the tax commissioner or tax receiver of the county in which such property is functionally located. Tangible personal property of a person which does not meet the 184 days or more requirement provided for
TUESDAY, MARCH 24, 1992
3295
in this subsection shall be returned for taxation in the manner provided for in Code Section 48-5-11."
Section 2. This Act shall become effective on January 1, 1993, and shall be applicable to all taxable years beginning on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Jackson of the 9th moved that the House agree to the Senate substitute to HB 1263.
On the motion, the ayes were 106, nays 1.
The motion prevailed.
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.
The following Senate amendment was read:
Amend HB 240 by striking on line 13, page 2 the date "1991" and inserting in lieu thereof the date "1992".
Representative Snow of the 1st moved that the House agree to the Senate amendment to HB 240.
On the motion, the ayes were 99, nays 0.
The motion prevailed.
SB 680. By Senators Steinberg of the 42nd, Shumake of the 39th, Johnson of the 47th and others:
A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide for enforcement of commitments to participate in the Georgia Medicaid program by certain institutional health services; to provide for penalties; to provide an effective date.
The following Senate amendment was read:
Amend the House substitute to SB 680 by striking the word "minimum" on line 4 of page 1. "onlyB,"y. adding on line 22 on page 1 following the word "section" the word and symbol
By striking lines 24 through 27 on page 1. By striking lines 19 through 21 on page 2 and inserting in lieu thereof the following: "neonatal services." By striking lines 26 through 28 on page 2 and inserting in lieu thereof the following:
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"in accordance with, the planning agency's Hospital Indigent Care Survey and related instructions."
By striking lines 29 and 30 on page 2. By striking on line 33 on page 2 the following: "three years",
and inserting in lieu thereof the following:
"36 months".
By renumbering paragraphs 2 through 8 on page 2 as paragraphs 1 through 7, respectively.
By striking lines 3 and 4 on page 3 and inserting in lieu thereof the following:
"which meets or exceeds the agency's established minimum at the time the agency issued the certificate of need approval for such service for each of the".
By striking on line 8 on page 3 the following:
"an agreement, representation, or",
and inserting in lieu thereof the following: "a".
By striking lines 10 and 11 on page 3 and inserting in lieu thereof the following:
"care would be provided in an amount greater than the established minimum for any time".
By striking from line 17 on page 3 the following:
"agreed, represented, or".
By striking the word "The" from the end of line 21 on page 3.
By striking lines 22 and 23 on page 3.
By adding after the word "subsection" on line 34 on page 3 the following:
"and such failure is determined by the planning agency to be for reasons substantially within the perinatal service provider's control".
By striking lines 13 through 20 on page 4 and inserting in lieu thereof the following:
"(c) (1) A new perinatal service shall achieve the standard number of births specified in the state health plan in effect at the time of the issuance of the certificate of need approval by the planning agency in at least one year during its first three years of operation.
(2) The planning agency shall revoke the".
By striking the word "meet" on line 28 on page 4 and inserting in lieu thereof the words "comply with".
By striking on line 29 on page 4 the word and number "or (2)".
By adding after the word "subsection" on line 30 on page 4 the following:
"and such failure is determined by the planning agency to be for reasons substantially within the perinatal service provider's control".
TUESDAY, MARCH 24, 1992
3297
Representative Childers of the 15th moved that the House agree to the Senate amendment to the House substitute to SB 680.
On the motion, the ayes were 95, nays 1.
The motion prevailed.
HR 914. By Representatives Alford of the 57th, Irwin of the 57th, Blitch of the 150th and Henson of the57th:
A resolution commending Honorable Clarence R. Vaughn, Jr., and designating the Clarence R. Vaughn, Jr., Highway.
The following Senate amendment was read:
Amend HR 914 by striking on line 5 of page 2 the number "20" and inserting in its place the number "138".
By striking on line 6 the phrase "downtown Conyers" and inserting in its place the phrase "Interstate 20".
Representative Alford of the 57th moved that the House agree to the Senate amendment to HR 914.
On the motion, the ayes were 97, nays 0.
The motion prevailed.
HR 647. By Representatives Buck of the 95th, Colwell of the 4th, Hammond of the 20th, Coker of the 21st and Mills of the 20th:
A resolution authorizing and directing the conveyance of certain state owned property located in Cobb County, Georgia, to the Board of Regents of the University System of Georgia.
The following Senate substitute was read:
A RESOLUTION
Authorizing the lease of certain real property owned by the State of Georgia in Rockdale County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, two tracts of state owned property in Rockdale County containing approximately 136 acres were leased by the Department of Human Resources for a term of 25 years to Rockdale County by intergovernmental agreement dated October 1, 1977; and
WHEREAS, Rockdale County has improved said property and continues to operate said property as a public park and recreational facility; and
WHEREAS, said tracts of land are more particularly described as follows: "TRACT NO. 1
All that tract or parcel of land lying and being in Sheffield (475) District of Rockdale County, Georgia, containing 59 % acres, more or less, and bounded as follows: Northeast by Big Haynes Creek, southeast by lands of Mrs. Vivian Wood Baker and B. P. Wood; southwest by lands of A. J. Sellers; and northwest by lands of Lancaster and Gilbert. Said lands being known as Lot 5 of the lands of Estate of S. H. Wood, more fully described by plat thereof made by L. A. House, Surveyor, on November 24, 1927,
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and of the record in the Clerk's Office, Rockdale County, Georgia, in Deed Book S, page 417.
TRACT NO. 2 All that tract or parcel of land lying and being in Land Lot 294 of the 4th District of Rockdale County, Georgia, containing 76.66 acres, and being more fully and particularly described by plat prepared by J. A. Wells, registered surveyor No. 164, dated July 12, 1960, and of record in Plat Book C, page 213, Clerk's Office, Rockdale County, Georgia, and for the. purpose of a more complete and accurate description the said plat is here by reference incorporated in and made a part of this description."; and "All that tract or parcel of land" conveyed to the State of Georgia by indenture made on the 26th day of August, 1975, from J. J. Crawford, recorded August 29, 1975 in Book 152, folio 29, in the Office Clerk of Superior Court, Rockdale County, and "embraced within the bounds of BLACK SHOALS ROAD and JOHN DAY ROAD as shown and delineated on a certain April, 1974, revised August 22, 1975, plat of survey prepared for the State of Georgia by Evans Surveyors Service, more particularly Joe V. Evans, Georgia Registered Land Surveyor No. 1105, and entitled 'PROPOSED ACQUISITION BY THE STATE OF GEORGIA, GEORGIA DEPARTMENT OF NATURAL RESOURCES', a copy of said plat of survey being recorded in Plat Book I, Page 247, of the Records of the Clerk of Superior Court of Rockdale County, Georgia"; and
WHEREAS, Rockdale County is desirous of constructing a water reservoir on a portion of the above-described property; and
WHEREAS, Rockdale County agrees that the property not inundated by the reservoir shall continue to be used as a public park and recreational area to the benefit of Rockdale County and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the referenced hereinabove described real property and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove-described tracts of land to Rockdale County for a period of 50 years commencing with the execution of the lease agreement.
Section 3. That the consideration for such easement shall be $650.00 and the benefit of the state and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 4. That the authorization in this resolution to lease the above-described property to Rockdale County shall expire three years after the date that this resolution becomes effective.
Section 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
Section 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. That all laws and parts of laws in conflict with this resolution are repealed.
Representative Alford of the 57th moved that the House agree to the Senate substitute to HR 647.
On the motion, the ayes were 91, nays 0.
The motion prevailed.
TUESDAY, MARCH 24, 1992
3299
HB 1389.
By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to provide a statement of legislative findings.
The following Senate substitute was read:
A BILL
To amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to provide a statement of legislative findings; to define certain terms; to make certain provisions relative to the membership of the Coastal Marshlands Protection Committee; to provide certain powers of the Department of Natural Resources; to make provisions relating to applications for permits for certain construction; to authorize the Department of Natural Resources to grant exceptions to statutory restrictions on the lease of state owned marshlands and water bottoms; to provide restrictions on the grant of permits for certain construction affecting marshlands and shorelines; to provide for certain orders; to provide for certain emergency orders; to provide exceptions to the applicability of such part; to provide for liability for violations of such part; to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 6 of Title 40 to the operation of vehicles on highways and certain exceptions, so as to amend a certain reference contained therein; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," is amended by striking in its entirety Part 4, relating to coastal marshlands, and inserting in lieu thereof the following:
"Part 4
12-5-280. This part shall be known and may be cited as the 'Coastal Marshlands Protection Act of 1970.'
12-5-281. The General Assembly finds and declares that the coastal marshlands of Georgia comprise a vital natural resource system. It is recognized that the estuarine area of Georgia is the habitat of many species of marine life and wildlife and, without the food supplied by the marshlands, such marine life and wildlife cannot survive. The General Assembly further finds that intensive marine research has revealed that the estuarine marshlands of coastal Georgia are among the richest providers of nutrients in the world. Such marshlands provide a nursery for commercially and recreationally important species of shellfish and other wildlife, provide a great buffer against flooding and erosion, and help control and disseminate pollutants. Also, it is found that the coastal marshlands provide a natural recreation resource which has become vitally linked to the economy of Georgia's coastal zone and to that of the entire state. The General Assembly further finds that this coastal marshlands resource system is costly, if not impossible, to reconstruct or rehabilitate once adversely affected by man related activities and is important to conserve for the present and future use and enjoyment of all citizens and visitors to this state. The General Assembly further finds that the coastal marshlands are a vital area of the state and are essential to maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General Assembly declares that the management of the coastal marshlands has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently
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is properly a matter for regulation under the police power of the state. The General Assembly further finds and declares that activities and structures in the coastal marshlands must be regulated to ensure that the values and functions of the coastal marshlands are not impaired and to fulfill the responsibilities of each generation as public trustees of the coastal marshlands for succeeding generations.
12-6-281. 12-5-282. As used in this part, the term: (1) 'Applicant' means any person who files an application under this part. (2) 'Board' means the Board of Natural Resources. (3) (3) 'Coastal marshlands' or 'marshlands' means any marshland intertidal area,
mud flat, tidal water bottom, or salt marsh in the State of Georgia within the estuarine area of the state, whether or not the tidewaters reach the littoral areas through natural or artificial watercourses. 'Marshlands' 'Vegetated marshlands' shall include those areas upon which grow one, but not necessarily all, of the following: salt marsh grass (Spartina alterniflora), black grass (Juncua gerardi), attd high-tide bush (Iva frutcsccns vof-. oraria) black needlerush (Juncus roemerianus), saltmeadow cordgrass (Spartina patens), big cordgrass (Spartina cynosuroides), saltgrass (Distichlis spicata), coast dropseed (Sporobolus virginicus), bigelow glasswort (Salicornia bigelovii), woody glasawort (Salicornia virginica), saltwort (Batis maritima), sea lavender (Limonium nashii), sea oxeye (Borrichia frutescens), silverling (Baccharis halimifolia), false willow (Baccharis angustifolia), and high-tide bush (Iva frutescens). The occurrence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive evidence of the extent of a salt marsh or a part thereof.
(4) 'Commissioner' means the commissioner of natural resources. (5) (5) 'Committee' means the Coastal Marshlands Protection Committee created by this part. {4} (6) 'Eligible person' means any person who is the owner of high land adjoining the state owned marshland or water bottoms, or combination thereof, sought to be leased by said person such that at least 100 percent of the landward boundary of the state owned marshland or water bottom, or combination thereof, sought to be leased is bordered by said adjoining high land. (6) (7) 'Estuarine area' means all tidally influenced waters, marshes, and marshlands lying within a tide-elevation range from 5.6 feet above mean tide level and below.
(8) 'Live-aboard' means a floating vessel or other water craft which is moored to a dock, tree, or piling or anchored in the estuarine waters of the state and is utilized as a human or animal abode. Live-aboards include but are not limited to monohulls, multihulls, houseboats, floating homes, and other floating structures which are used for human or animal habitation.
(9) 'Minor alteration' means any change in the marshlands which, taken singularly or in combination with other changes, involve less than 0.10 acres. Minor alteration also includes renewal of permits previously issued by the committee.
{ } (10) 'Person' means any individual, partnership, corporation, municipal corporation, county, association, or public or private authority, and shall include the State of Georgia, its political subdivisions, and all its departments, boards, bureaus, commissions, or other agencies, unless specifically exempted by this part.
<3) (11) 'Political subdivision' means the governing authority of a county or a municipality in which the marshlands to be affected or any part thereof are located.
(12) 'Private dock' means a structure built onto or over the marsh and submerged lands which is used for recreational fishing and other recreational activities, is not available to the public, does not have enclosures, and does not create a navigation hazard; provided, however, that a private dock may be covered and screened with wainscotting not higher than three feet and may be equipped with a hoist.
12-6-282. 12-5-283. (a) There is created the Coastal Marshlands Protection Committee to be composed of three members. The commissioner of natural resources and two persons selected by the Beard of Natural Resources board shall be the members of this committee. Oe member ef the committee Both persons selected by the Board ef- Natural Resources board shall be & resident residents of Camden, Glynn, Mclntosh, Liberty,
TUESDAY, MARCH 24, 1992
3301
Bryan, or Chatham County. The committee shall issue all orders and shall grant, deny, revoke, and amend all permits and leases provided for by this part. The members of the committee shall be entitled to reimbursement of actual expenses and mileage together with a per diem as set by the board to be paid out of funds appropriated for use by the department.
(b) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Beard ef- Natural Resources board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
(c) Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by this part. In the event the committee asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.
(d) Any permit for minor alteration of the marshlands may be issued by the commissioner based on the recommendations of staff, past committee actions, and the results of public comments. The commissioner may refer the application to the committee to decide on permits for minor alterations that, in his judgment, should receive broader consideration. A committee member may choose to have the full committee decide on permit applications for minor alterations that the member feels should receive broader consideration.
12-6-288. 12-5-284. (a) The Department ef Natural Rcsourcca department shall have the following powers and duties authority:
(1) To administer and enforce this part and all rules, regulations, and orders promulgated hcrcundcr under this part and to determine jurisdiction under this part;
(2) To accept moneys that are available from persons, government units^ and private organizations;
(3) To conduct public hearings and institute and prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promulgated hereunder, provided that all such actions shall be in the name of the department; and
(4) To exercise all incidental powers necessary to carry out the purposes of this part.
(b) The foregoing powers and duties may be exercised and performed by the department through such duly authorized agents and employees as it deems necessary and proper.
12-6-284. 12-5-285. The Bea*d ef Natural Resources board shall have power to promulgate such rules and regulations as fnay be ncccaaary te effectuate this part, pro-
tnc counties et L^iiatnaift^ Oamdcn, Cjlynn, JVlcmtosn, Ajiocrty, and isryaft once ft \VCCK for twe consecutive weeks immediately prior te such hearings for the implementation and enforcement of this part.
12 6 286. 12-5-286. (a) No person shall remove, fill, dredge, drain, or otherwise alter any marshlands or construct or locate any structure on or over marshlands in this state within the estuarine area thereof without first obtaining a permit from the committee? or, in the case of minor alteration of marshlands, the commissioner. A permit may authorize the construction or maintenance of the project proposed in an application. After construction pursuant to a permit, a project may be maintained without a permit
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so long as it does not further alter the natural topography or vegetation at the project site.
(b) Each application for such permit shall be properly executed and filed with the department on forms prescribed by the department and shall include:
(1) The name and address of the applicant; (2) A plan or drawing showing the applicant's proposal and the manner or method by which such proposal shall be accomplished. Such plan shall identify the coastal marshlands affected; (3) A plat of the area in which the proposed work will take place; (4) A copy of the deed or other instrument under which the applicant claims title to the property or, if the applicant is not the owner, then a copy of the deed or other instrument under which the owner claims title together with written permission from the owner to carry out the project on his land. In lieu of a deed or other instrument referred to in this paragraph, the committee may accept some other reasonable evidence of ownership of the property in question or other lawful authority to make use of the property. The committee will not adjudicate title disputes concerning the property which is the subject of the application; provided, however, that the committee may decline to process an application when submitted documents show conflicting deeds; (5) A list of all adjoining landowners together with such owners' addresses, provided that if the names or addresses of adjoining landowners cannot be determined, the applicant shall file in lieu thereof a sworn affidavit that a diligent search t including, without limitation, a search of the records of the county tax assessor's office, has been made but that the applicant was not able to ascertain the names or addresses, as the case may be, of adjoining landowners; (6) A certificate letter from the local governing authority or authorities of the political subdivision er subdivisions in which the property is located, stating that the applicant's proposal is not violative of any zoning lawj ; ordinance, or other local restrictions which may be applicable thereto, If- i the judgment ef- the committee et zoning permit is not needed prior to considefifl^ sn sppiicfltion, rt m&y wsive tins requirement tatd issue a conditional permit based upon the condition that the appli-
mcnccmcnt ef work. Ne work shall commence until this requirement is fulfilled; ad \ i / ft certified criecK o? money order m tiie ftmouRt of ip^!o>uu tor e&cii sere 'Ot ictnd
mitteej to deirfty &dinini9tr&tive costs. INO ftppiic&nt sn&it tj rccjuired to psy tft excess ef $600.00 fet tony eae proposal regardless ef-the number ef-aeres te fee affected.
(7) A nonrefundable application fee to be set by the board in an amount necessary to defray the administrative cost of issuing such permit. Renewal fees shall be equal to application fees, which shall not exceed $1,000.00 for any one proposal and shall be paid to the department;
(8) A description from the applicant of alternative sites and why they are not feasible and a discussion of why the permit should be granted;
(9) A statement from the applicant that he has made inquiry to the appropriate authorities that the proposed project is not over a landfill or hazardous waste site and that the site is otherwise suitable for the proposed project;
(10) A copy of the water quality certification issued by the department if required for the proposed project;
(11) Certification by the applicant of adherence to soil and erosion control responsibilities if required for the proposed project; and
(12) Such additional information as is required by the committee to properly evaluate the application. (c) A copy of each application for a permit shall be delivered to each member of the committee within seven days after receipt thereof at least seven days prior to any meeting of the committee. (d) The commissioner ef natural resources, within 36 days department, after receipt of an application, shall notify in writing all adjoining landowners that the application
TUESDAY, MARCH 24, 1992
3303
has been received. Such notice shall indicate the use the applicant proposes to make of the property. Should the applicant indicate that any adjoining landowner is unknown or that the address of such landowner is unknown, then the member ef- the committee te whom the application for permit is fited department shall, within 36 days after receipt of the a completed application, cause a notice of the proposed activity and a brief description of the affected land to be published in a the legal organ of or a newspaper of general circulation in the county or counties in which such land lies. Cost of such publication shall be paid by the applicant. Should the property to be affected by the applicant be bordered on any side or on more than one side by other property of the applicant, the applicant shall supply the names and addresses of the nearest landowners whose land borders on his land. If the names or addresses, or both, of the nearest landowners cannot be ascertained, the applicant shall supply a sworn statement of diligent search as provided in this Code section. The landowners named by the applicant shall be notified either directly or by advertisement as provided in this Code section. Any member y The department may also make inquiry to adjoining landowners to ascertain whether or not there is objection to issuance of a permit.
(e) The committee shall provide notice of applications by either public notice distributed jointly with the United States Army Corps of Engineers or public notice distributed by the committee. In no instance shall a public notice be issued for less than seven days prior to the meeting at which the committee reviews the subject of the public notice. Public notices shall be distributed to all persons who have requested to be placed on the mailing list. Such request shall be made in writing and shall be renewed in December of each year. Failure to renew the request shall result in the removal of such name from the mailing list.
(f) Whenever there appears to be sufficient public interest, the committee may call a public hearing.
{e} (g) In passing upon the application for permit, the committee shall consider the public interest, which, for purposes of this part, shall be deemed to be the following considerations:
(1) Whether or not any unreasonably harmful obstruction to or alteration of the natural flow of navigational water within the affected area will arise as a result of the proposal;
(2) Whether or not unreasonably harmful or increased erosion, shoaling of channels, or stagnant areas of water will be created te auch extent as te be contrary te the public interest; and
(3) Whether or not the granting of a permit and the completion of the applicant's proposal will unreasonably interfere with the conservation of fish, shrimp, oysters, crabs, clams, or any other marine life, er any wildlife, or any other natural resources, including but not limited to water and oxygen supply^ te such a extent as te be ee-
{f-> (h) It is the responsibility of the applicant to demonstrate to the committee that the proposed alteration is not contrary to the public interest and that no feasible alternative sites exist. If the committee finds that the application is not contrary to the public interest and no feasible alternative sites exist, as heretofore specified in this subsection, it shall issue to the applicant a permit. Such permit may be conditioned upon the applicant's amending the proposal to take whatever measures are necessary to protect the public interest. T-hc committee shall act upon an application for peftit
(i) The committee shall act upon an application for a permit within 90 days after the application is complete; provided, however, that this provision may be waived upon the written request of the applicant. An application must be complete sufficiently in advance of the committee meeting at which the project will be considered to allow for public notice and evaluation by the department. An application is complete when it contains substantially all of the written information, documents, forms, fees, and materials required by this part.
{#} (j) In the event a majority of the members of the committee determine that a permit should be denied, the application for permit shall be denied. Any applicant who
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is aggrieved or adversely affected thereby shall have the right to appeal as provided in Code Section 12-6 282 12-5-283.
{&} (k) t the event any member ef the committee determines that a conditional per-
notiiy tttc otrier HI&IHoers of trie committee ift writing of trie eoncrrtions ADO. trie PCQ.SORS therefor; and the committee shall have eat additional W daya te act with regard te the application. Should a majority of the members of the committee agree that such a permit should be conditional, the permit shall be issued on such conditions as a majority of the committee directs. K leas than a majority agrees that auch permit should be eenditionnl, the permit shall be issued without such conditions. Any applicant who is aggrieved or adversely affected thereby shall have the right to appeal as provided in Code Section 12-6-282 12-5-283.
(t) (1) Ne Every permit shall be issued unless require that the proposed change ef se ef the ai-ea shall project be completed within two five years immediately following after the date of the issuance of auch the permit and such permit shall expire five years after the date of issuance. Such time may be extended fer good cause an additional five years upon showing that all due efforts and diligence toward the completion of the work have been made. Any permit may be revoked by the committee for noncompliance with or for violation of its terms after written notice of intention to do so has been furnished to the holder thereof.
(m) A permit to alter marshlands that has been granted by the committee becomes final immediately upon issuance, but no construction or alteration may commence until the expiration of 30 days following the date of the committee meeting at which the application is approved; provided, however, that if a timely appeal is filed, no construction or alteration may commence until all administrative and judicial proceedings are terminated.
(n) Issuance of a permit under this part and construction of the permitted project shall not remove the designated property from the jurisdiction of this part. All changes in permitted uses which increase impacts to any land subject to the provisions of this part must be assessed by the committee to determine if the proposed change is consistent with this part and the permit. Each permitted alteration of marshlands shall be reviewed by the department on a five-year basis, or when noncompliance with the purpose for which the permit was issued is evident, to determine if the use of the marshland is consistent with the intent of this part. If the permit holder is found not to be in compliance with this part, the committee shall take action as authorized under Code Section 12-5-291.
(o) All plans, documents, and materials contained in any application for any permit required by this part shall be made a part of the permit, if granted, and conformance to such plans, documents, and materials shall be a condition of the permit. No change or deviation from any such plans, documents, or materials shall be permitted without the prior notification and approval of the committee.
(p) The permittee shall notify the department of completion of a project within 30 days of completion.
(q) If, prior to completion of review of an application under this part, the committee receives notice of the denial of a permit or authorization necessary for the project, review of the project shall be suspended and, if the denial becomes final, the application shall stand denied.
(r) If an area has both marshlands as defined in Code Section 12-5-282 and dynamic dune fields as defined in Code Section 12-5-232, it shall be subject to the jurisdiction of both such parts. In the event of a conflict between this part and Part 2 of this article, the commissioner shall determine which part shall apply so as to best protect the public interest.
12-6-286.1. 12-5-287. (a) The committee, acting for and on behalf of and in the name of the state, is further authorized and empowered to grant and convey to any eligible person a lease of state owned marshland or water bottoms, or a combination thereof, upon such terms and conditions as the committee deems advisable for the purpose of constructing, operating, and maintaining thereupon a marina or marinas providing sttps
TUESDAY, MARCH 24, 1992
3305
rental docking space for more than 15 boats, including the installing, maintaining, repairing, removing, and replacing of buildings, structures, piers, docks, floating docks, marine railways, dolphins, pilings, appurtenances thereto, and all facilities and improvements that shall be reasonably used for or in connection therewith, subject always to the initial and continuing compliance by the lessee with all applicable laws pertaining to the use of the leased property and subject always to the use and enjoyment of the public of any navigable waters upon or over the leased property.
(b) Upon application by any interested person for a lease pursuant to this Code section, the committee shall determine whether or not the applicant is an eligible person. If the committee determines that the applicant is an eligible person, then the committee is authorized to grant and convey to the applicant a lease of the state owned marshland or water bottoms, or a combination thereof, described in the application without the necessity of public bid.
(c) The application for the lease shall be in writing and shall contain a request for a lease of the state owned property described therein. Such application shall include a
legal description of the boundaries of the area sought to be leased; a plat of survey of the acreage sought to be leased prepared by a registered land surveyor; documentation of ownership of the adjoining high land upon which the applicant bases his claim of eli-
gibility, which documentation shall include copies of all relevant deeds and plats of such high land; and a list of all owners of marshland and high land adjoining the applicant's high land. The entire application must be in a form acceptable to the committee.
(d) Each lease granted under this Code section shall be upon such provisions, requirements, and conditions as the committee shall make and shall, except as provided in subsections {fc) (g) and {*} (h) of this Code section, provide for a primary term of not
more than ten years. Each lease, except as provided in subsections {fe} (g) and (t) (h) of this Code section, shall require the payment of a periodic rental of the fair market
value of the state owned marshland or water bottoms leased thereby and may provide for two renewal terms, each of which shall not be for a term of more than equal duration
to the primary term for a rental based upon periodic reappraisals by a certified appraiser of the fair market value at the time of renewal; provided, however, that the
total rental paid in any rental year shall never exceed 5 percent of the annual wet dockage gross rental income, which shall include transient, short-term, and long-term
rentals and amortized condominium sales, if applicable, as determined and adjusted at the end of each rental year.
(e) Each lease granted under this Code section shall protect the interest of owners of marshland and high land adjoining the high land of the lessee upon which the lessee's
eligibility for lease was based to a right of access to the state owned marshland or water bottoms adjoining the state owned marshland or water bottoms leased to the applicant;
provided, however, said owners of adjoining high land may assign their rights in writing in favor of the applicant and such written assignment may be used to determine the per-
centage of landward boundary required for eligibility to lease the state owned marshland and water bottoms described in the application.
{) Each lease granted under this Code section shall expressly prohibit the owncra ef
{g} (f) If the eligible person desires the ability to transfer or convey ownership interests in the leasehold to individuals purchasing or leasing on a long-term basis the slips of the marina or marinas, each lease granted under this Code section shall require the formation of a condominium pursuant to Code Section 44-3-72.
{h} (g) Upon application of any eligible person who either is the owner of a marina in existence on March 1, 1989, or holds a permit subsequently granted by the committee under this part on an application for a permit filed with the committee prior to March 1, 1989, the committee shall grant to that eligible person a lease of the state owned marshland or water bottoms upon which such marina is actually located for a term of 20 years beginning March 1, 1989, with a nominal rental of $1.00 per year; provided, however, that any extensions of the dock space or expansion of the area of state owned marshland or water bottoms actually used in conjunction with the marina shall be subject to the provisions of subsection (d) of this Code section.
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{t} (h) Upon application of any eligible person who is either a nonprofit corporation, a nonprofit organization, or a public entity, the committee may grant a lease of state owned marshland or water bottoms for the construction and operation of a marina as a community or public dock. Each lease granted under this subsection shall be for a term of ten years from the date of its execution with a nominal rental of $1.00 for the entire term.
{j} (i) The committee department shall make an annual report of its activities each calendar year to the General Assembly. The report shall include a summary of all applications received and leases granted, including length of terms, rentals, and locations. Copies of the annual report shall be provided to the director of the State Properties Commission, the chairman of the House Natural Resources and Environment Committee, the chairman of the House Committee on State Institutions and Property, the chairman of the Senate Natural Resources Committee, and the chairman of the Senate Committee on Governmental Operations.
{k-> (j) The committee may place such terms, limitations, restrictions, and conditions in such leases as are deemed necessary to ensure that the utilization of the property is in the public interest.
(!) (k) All leases granted by the committee shall have the prior approval of the State Properties Commission, including, if applicable, the fair market value of the state owned
marshland or water bottoms to be leased and the rental to be charged. 12-5-288. (a) If the project is not water related or dependent on waterfront access
or can be satisfied by the use of an alternative nonmarshland site or by use of existing public facilities, a permit usually should not be granted pursuant to Code Section 12-5-286.
(b) The amount of marshlands to be altered must be minimum in size. The following activities and structures are normally considered to be contrary to the public interest
when located in coastal marshlands but the final decision as to whether any activity or structure is considered to be in the public interest shall be in the sound discretion of the committee:
(1) Filling of marshlands for residential, commercial, and industrial uses;
(2) Filling of marshlands for private parking lots and private roadways;
(3) Construction of dump sites and depositing of any waste materials or dredge spoil;
(4) Dredging of canals or ditches for the purpose of draining coastal marshlands; (5) Mining;
(6) Construction of lagoons or impoundments for waste treatment, cooling, agricul-
ture, or aquaculture which would occupy or damage coastal marshlands or life forms therein;
(7) Construction of structures which constitute an obstruction of view to adjoining riparian landowners, including signs and enclosures; and
(8) Occupying a live-aboard for more than 30 days during any calendar year; provided, however, that the commissioner may grant extensions of time beyond 30 days
to persons making a request in writing stating the reasons for such extension. Owners of docks where live-aboards are moored as well as owners and occupants of live-
aboards are responsible under this part. 12-6-286. 12-5-289. The department, through its officers; staff, and conservation
rangers, shall, in addition to its other duties prescribed by law, make reasonable inspections of the marshlands to ascertain whether the requirements of this part and the rules,
regulations, and permits promulgated or issued hercunder under this part are being faithfully complied with.
12-6-287. 12-5-290. The superior court of the county in which land or any part
thereof lies or in which jurisdiction is appropriate shall have jurisdiction to restrain a violation of this part at the action of any person.
12-6-288. 12-5-291. (a) In order to enforce this part or any orders issued under this
part or any rules and regulations promulgated under this part, any one or any combination of any or all of the following methods may be employed:
(1) Whenever any person not covered exempted from this part by Code Section 12-6-202 12-5-295 is altering the marshlands without a permit, altering the marshlands
TUESDAY, MARCH 24, 1992
3307
in violation of the terms and conditions of a permit, or violating this part in any other manner, the committee may, prior to any hearing, issue a cease and desist order or other appropriate order to such person; provided, however, that the issuance of such order shall not affect the availability of relief under paragraph (4) of this subsection. Any such order becomes final unless the person named therein requests in writing a hearing before a hearing officer appointed by the board no later than ten days after the issuance of such order. Review of such order shall be available as provided in subsection (b) of Code Section 12-5-283;
(2) Whenever, after a hearing is held in accordance with Code Section 12-6-282 12-5-283 and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' at the request of the committee, for the imposition of civil penalties, the hearing officer administrative law judge determines that any person has failed, neglected, or refused to comply with any provision of this part or any order of the committee or administrative law judge, the committee administrative law judge may issue an order imposing a civil penalty not to exceed $1,000.00 $10,000.00 for such violation and an additional
civil penalty not to exceed $600.00 $10,000.00 for each day during which such violation continues. All penalties and interest recovered as provided in this Code section,
together with the cost thereof, shall be paid into the state treasury to the credit of
the general fund; (3) The committee may file in the appropriate superior court in the county in
which the person under order resides or in the county in which the violation occurred or, if the person is a corporation, in the county in which the corporation maintains
its principal place of business a certified copy of tat unappcalcd the final order of the committee or administrative law judgez unappealed from, or of a final order of the
administrative law judge affirmed upon appeal; whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have
the same effect, and all proceedings in relation thereof shall thereafter be the same, as though such judgment has been rendered in an action duly heard and determined
by the court; (4) Whenever the committee, either before or after a hearing, determines that any
person is or has been violating any of the provisions of this part or any orders issued
under this part or any rules and regulations promulgated under this part, the committee may file a petition for injunction in the proper superior court of this state against
such person for the purpose of enjoining such actions or, if appropriate, may make application for a writ of mandamus in the proper superior court of this state against such person for the purpose of compelling the proper performance of his official duty.
It shall not be necessary for the committee to allege or prove that it has no adequate
remedy at lawi; and (5) The superior court, upon finding that any person is or has been violating any
of the provisions of this part or any orders issued under this part or any rules and
regulations promulgated under this part, may order the person to restore, as nearly as possible, all marshland to the condition existing prior to the alteration of the
marshland. (b) Owners of property with knowledge of unauthorized activities occurring thereon
are responsible under this part. 12 6-280. 12-5-292. A certified copy of every permit issued to an applicant shall be
prominently displayed within the area of proposed activity. If the committee deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant, and such other information as the
committee may reasonably require. The committee may specify the type of sign to be
erected and may designate, within reasonable dimensions, the size of the sign. 12-6-200. 12-5-293. If a permit holder sells, leases, rents, or otherwise conveys the
land or any portion thereof for which the permit was issued, and if the permittee has
notified the department within 30 days of such transfer or conveyance, such permit shall be continued in force in favor of the new owner, lessee, tenant, or other assignee so long
as there is no change in the use of the land as set forth in the original application. 12 6-201. 12-5-294. In the event of an emergency, whether created by act of God or
by actions of domestic or foreign enemies, or in circumstances where grave peril to
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human life or welfare exists, this part shall fee suspended for as teftg as the emergency exists, i nc Durdcn or prool snail oe upon tnc person of persons relying upon tnis L^odc section te establish that such aft emergency 4kt indeed exist, the committee shall issue an order reciting the existence of such an emergency and requiring or allowing that such action be taken as it deems necessary to meet the emergency. Notwithstanding any other provisions of this part to the contrary, such order shall be effective immediately. If an order requiring a person to take action is issued pursuant to this Code section, such person shall be entitled to a hearing within ten days of the date of issuance of the order.
12 6-292. 12-5-295. This part shall not apply to the following: (1) Activities of the Department of Transportation incident to constructing, repair-
ing, and maintaining a public road system in Georgia; (2) Activities of the Department of Transportation and political subdivisions in
maintaining existing drainage systems and ditches as long as such activities do not impact additional marshlands;
(3) (3) Agencies of the United States charged by law with the responsibility of keeping the rivers and harbors of this state open for navigation, and agencies of this state charged by existing law with the responsibility of keeping the rivers and harbors of this state open for navigation including areas for utilization for spoilage designated by such agencies;
43} (4) Activities of public utility companies regulated by the Public Service Commission incident to constructing, erecting, repairing, and maintaining utility lines for the transmission of gas, electricity, or telephone messages;
f4) (5) Activities of companies in regulated by the Public Service Commission incident to constructing, erecting, repairing, and maintaining railroad lines and bridges;
4&) (6) Activities of political subdivisions incident to constructing, repairing, and maintaining pipelines that have been approved by the department or appropriate authority for the transport of drinking water and sewage; or
46} (7) The building of private docks on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by the owners of detached single-family residences located on high land adjoining such docks.
12-6-293. 12-5-296. Any person violating any of the provisions of this part shall be guilty of a misdemeanor.
12-5-297. Any person who causes or permits any removal, filling, dredging, or draining or other alteration of marshlands in this state within the estuarine area thereof without first obtaining a permit from the committee shall be liable in damages to the state and any political subdivision thereof for any and all actual or projected costs, expenses, and injuries occasioned by such alteration of the marshlands. The amount of damages assessed pursuant to this Code section shall include, but shall not be limited to, any actual or projected costs and expenses incurred by the state or any political subdivision thereof in restoring as nearly as possible the natural movement of the waters in the marshlands and replacing the vegetation and aquatic life destroyed by any alteration of marshlands. Damages to the state shall be recoverable in a civil action instituted by the department and shall be paid to the department to cover the cost of restoration. Damages to a political subdivision shall be recoverable in a civil action instituted by said subdivision."
Section 2. Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 6 of Title 40 to the operation of vehicles on highways and certain exceptions, is amended by striking in its entirety paragraph (5) of subsection (a) and inserting in lieu thereof the following:
"(5) (A) The provisions of this chapter shall apply to a vehicle operated on any private property of this state which fronts on coastal marshlands or estuarine area as defined in Code Section 12-6-281 12-5-282, provided the owner of the private property files with the local law enforcement agency having primary jurisdiction to enforce the uniform rules of the road in such area:
(i) A petition requesting such local law enforcement agency to enforce the uniform rules of the road on such private property; and
TUESDAY, MARCH 24, 1992
3309
(ii) Simultaneously files a plat with the petition delineating the location of the roads, streets, and common areas on such private property. (B) The local law enforcement agency having primary jurisdiction to enforce the uniform rules of the road in such area shall enforce the uniform rules of the road on said private property at no cost to the owner of the private property or enter into a contractual agreement with the owner of the private property whereby the owner of the private property consents to pay part or all of the law enforcement expenses to such law enforcement agency. (C) All persons operating vehicles on said roads, streets, and common areas shall be subject to all state and local traffic laws and regulations the same as if said private roads and streets were public roads and streets. (D) Any state or local law enforcement agency empowered to enforce the uniform rules of the road in such area shall have concurrent jurisdiction with the primary local law enforcement agency to enforce the rules of the road on said private property. (E) At least 30 days' prior notice shall be given to users of said private roads, streets, and common areas by publication in the newspapers of general circulation in the area and by posting signs along the private roads and streets specifying that state and local law enforcement agencies will be enforcing the uniform rules of the road on said private roads, streets, and common areas; and".
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Porter of the 119th moved that the House agree to the Senate substitute to HB 1389.
On the motion, the ayes were 92, nays 3.
The motion prevailed.
HB 1412.
By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Patten of the 149th:
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 Department of Education shall develop materials and resource guides for an environmental education and recycling awareness program for public schools.
The following Senate substitute was read:
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 Department of Education shall develop materials and resource guides for an environmental education, recycling, and composting awareness program for public schools; to provide that the department shall compile and disseminate certain information; to provide that the department shall perform certain training; to create the Environmental Education Council; to provide for the appointment of members; to provide for terms and the filling of vacancies; to provide for reimbursement of travel expenses; to provide for the provision of facilities and clerical and professional assistance; to provide powers and duties of the council; to provide for the deposit of and accounting for funds received by the council; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by inserting immediately following Code Section 20-2-303 a new Code section to read as follows:
3310
JOURNAL OF THE HOUSE,
"20-2-304. (a) The Department of Education shall develop curriculum materials and resource guides for an environmental education, recycling, and composting awareness program for kindergarten through grade 12. The purpose of such program shall be to instill in students an appreciation for the environment and their place within the environment.
(b) The department shall compile and disseminate to interested persons information on successful environmental programs in this state and elsewhere in the country. The department shall include environmental education and recycling and composting awareness programs as a part of the in-service training and staff development programs for schools, school systems, and regional educational service agencies."
Section 2. Said article is further amended by inserting immediately following Code Section 20-2-322 the following:
"20-2-322.1. (a) There is created within the Department of Education the Environmental Education Council. The membership of the council shall be composed of the State School Superintendent, the commissioner of natural resources or his designee, the commissioner of community affairs or his designee, and members appointed as follows:
(1) The Governor shall appoint nine members as follows: (A) Two persons whose primary job responsibility is teaching science in the pub-
lic schools of this state; (B) Two persons employed by the University System of Georgia, at least one of
whom shall be a specialist in the field of ecology or environmental science; (C) One person representing a state-wide environmental organization; (D) Two persons representing the business community of this state; (E) One person representing the Georgia Municipal Association; and (F) One person representing the Association County Commissioners of Georgia;
and (2) The President of the Senate and the Speaker of the House of Representatives shall each appoint one member who shall not be a member of the General Assembly. (b) Seven members of the council shall constitute a quorum. (c) Vacancies shall be filled by the applicable appointing authority. All appointed members shall serve at the pleasure of the appointing authority.
(d) The Governor shall appoint one member to serve as chairman. The chairman shall appoint one member to serve as secretary-treasurer.
(e) The members of the council shall serve without compensation but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for travel in furtherance of this Code section. The Department of Education shall provide the council with such facilities and clerical and professional assistance as the department deems appropriate. All such expenses, facilities, and assistance shall be provided from funds appropriated to the department and shall be subject to the availability of such funding.
(f) The council shall have the power and the duty to solicit and accept private funds and receive state funds to be used for grants to local school systems for programs and projects designed to enhance awareness of environmental issues among the kindergarten and primary and secondary education students in the state.
(g) The council shall award the grants referred to in subsection (e) of this Code section pursuant to criteria established by rule or regulation; provided, however, that any such grant awarded shall be conditioned upon the recipient's providing matching funds in an amount equaling at least 20 percent of the amount of the grant. Such matching funds may consist in whole or in part of local private funds or in-kind donations.
(h) The council shall advise the Governor, the State School Superintendent, and the Department of Education on curriculum materials and resource guides for environmental education, recycling, and composting awareness programs for kindergarten through grade 12, on the programs and projects utilized by the schools designed to enhance awareness of environmental education, and on changes that the council deems advisable to improve and enhance environmental education in Georgia.
(i) All funds received by the council shall be deposited in a banking institution in this state in a federally insured account. At the close of each fiscal year, the Department
TUESDAY, MARCH 24, 1992
3311
of Education shall cause an audit of all such funds to be conducted and shall provide copies of such audit to the state auditor and the Governor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Porter of the 119th moved that the House agree to the Senate substitute to HB 1412.
On the motion, the ayes were 105, nays 0.
The motion prevailed.
HB 1388.
By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to repeal the "Facade and Conservation Easements Act of 1976"; to enact the "Georgia Uniform Conservation Easement Act".
The following Senate amendment was read:
Amend HB 1388 by striking the period on line 32 of page 5 and inserting the following:
", except that a conservation easement may not be created, altered, or affected by condemnation."
Representative Porter of the 119th moved that the House agree to the Senate amendment to HB 1388.
On the motion, the ayes were 98, nays 1.
The motion prevailed.
HB 1401.
By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide that the social security account numbers of parents shall be entered on a certificate of birth.
The following Senate amendment was read:
Amend HB 1401 by striking the word "parents" on line 4 of page 1 and inserting in lieu thereof the following:
"a child's mother and father, if paternity is acknowledged by the father,".
By striking the word "parents" on line 18 of page 1 and inserting in lieu thereof the following:
"the mother and father, if paternity is acknowledged by the father,".
Representative Porter of the 119th moved that the House agree to the Senate amendment to HB 1401.
On the motion, the ayes were 92, nays 3.
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JOURNAL OF THE HOUSE,
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
HB 2052.
By Representatives Klein of the 21st, Coker of the 21st, Atkins of the 21st, Hammond of the 20th, Vaughan of the 20th and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1657.
By Representative Hanner of the 131st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia.
The following Senate amendment was read:
Amend HB 1657 by striking the word "describe" on line 23 of page 1 and inserting in its place the word "encompass".
Representative Hanner of the 131st moved that the House disagree to the Senate amendment to HB 1657.
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:
HB 1261. 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 July 1, 1992 June 30, 1993.
The Senate insists on its amendments to the following Bills of the House:
TUESDAY, MARCH 24, 1992
3313
HB 1931.
By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth:
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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted.
HB 1657.
By Representative Hanner of the 131st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 1657. By Representative Hanner of the 131st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia.
Representative Hanner of the 131st moved that the House insist on its position in disagreeing to the Senate amendment to HB 1657 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 Smith of the 152nd, Hanner of the 131st and Dixon of the 128th.
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 1261.
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 July 1, 1992 June 30, 1993.
Representative Coleman of the 118th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1261 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Coleman of the 118th, Buck of the 95th and Walker of the 115th.
3314
JOURNAL OF THE HOUSE,
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 567. By Senators Walker of the 43rd and Garner of the 30th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office.
Representative Hanner of the 131st moved that the House adhere to its position in amending SB 567 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 Smith of the 152nd, Dixon of the 128th and Hanner of the 131st.
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1115 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 131 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 101st
Chairman
Representative Benefield of the 72nd District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
TUESDAY, MARCH 24, 1992
3315
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 656 Do Pass, by Substitute
Respectfully submitted, /s/ Benefield of the 72nd
Chairman
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 1931. By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth:
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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted.
Representative Herbert of the 76th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1931 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 Herbert of the 76th, Kilgore of the 42nd and Hamilton of the 124th.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 1103.
By Representative Lane of the 27th:
A bill to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, so as to change the date upon which existing municipal and county ordinances or resolutions imposing development exactions for system improvements must be brought into conformance with the chapter.
The following Senate substitute was read:
A BILL
To amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, so as to define an additional term; to change the date upon which existing municipal and county ordinances or resolutions imposing development exactions for system improvements must be brought into conformance with the chapter; to provide that the imposition of hook-up or connection fees shall be consistent with the capital improvement element of the comprehensive plan and shall be subject to approval of the appropriate governing authority; to provide procedures for the adoption, imposition, collection, and expenditure of hook-up and connection fees for system improvements; to provide an effective date; to repeal conflicting laws; and for other purposes.
3316
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, is amended by adding between paragraphs (10) and (11) of Code Section 36-71-2, relating to definitions, a new paragraph (10.1) to read as follows:
"(10.1) 'Governmental entity' means any water authority, water and sewer authority, or water or waste-water authority created by or pursuant to an Act of the General Assembly of Georgia."
Section 2. Said chapter is further amended by striking in its entirety Code Section 36-71-12, relating to existing municipal and county laws being brought into conformance with said chapter, and inserting in lieu thereof a new Code Section 36-71-12 to read as follows:
"36-71-12. This chapter shall not repeal any existing laws authorizing a municipality or county to impose fees or require contributions or property dedications for capital improvements; provided, however, that all local ordinances or resolutions imposing development exactions for system improvements on April 4, 1990, shall be brought into conformance with this chapter no later than twe years from April 4; 1090 November 30, 1992."
Section 3. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 36-71-13, relating to requiring a developer to construct reasonable project improvements, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Nothing in this chapter shall limit a municipality, county, or other governmental entity which provides water or sewer service from collecting a proportionate share of the capital cost of water or sewer facilities by way of hook-up or connection fees as a condition of water or sewer service to new or existing users, provided that the development impact fee ordinance of a municipality or county or other governmental entity that collects development impact fees pursuant to this chapter shall include a provision for credit for such hook-up or connection fees collected by the municipality or county to the extent that such hook-up or connection fee is collected to pay for system improvements. Imposition of such hook-up or connection fees by any governmental entity to pay for system improvements either existing or new shall be consistent with the capital improvement element of the comprehensive plan and shall be subject to the approval of each county, municipality, or combination thereof which appoints the governing body of such entity. The adoption, imposition, collection, and expenditure of such fees for system improvements by any governmental entity shall be subject to the same procedures applicable to the adoption, imposition, collection, and expenditure of development impact fees by a county."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Lane of the 27th moved that the House agree to the Senate substitute to HB 1103.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy
Y Adams
Y Aiken
Y Alford
Y Ashe
Atkins Baker Y Balkcom Y Barfoot Bargeron Y Barnelt.B Y Barnett.M
Y Bates
Y Beatty
Y Benefield
Y Birdsong
Y Blitch
Bordeaux Y Bostick
Branch Y Breedlove Y Brooks
Brown Brush
Y Buck
Y Buckner
Byrd
Campbell
Canty
Y Carrell Carter Cauthorn
Y Chafin Y Chambless Y Cheeks
Childers
Y Clark.E
Clark.L
Coker
Y Coleman
Y Colwell
Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.D Davis.G Davis.M
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
TUESDAY, MARCH 24, 1992
3317
Y Godbee Golden
Y Goodwin E Green Y Greene
Y Griffin Groover
Y Hamilton
Hammond
Y Banner Y Harris.B Y HarrisJ Y Heard
Henson
Y Herbert Holland
Y Holmes Howard
Y Hudson Y Irwin
Y Jackson Jamieson
Jenkins
Y Jones
Y Kilgore Y King Y Kingston Y Klein Y Ladd
Y Lane.D Y Lane.R Y Langford
Y Lawrence
Y Lawson Y Lee Y Long
Lord Y Lucas
Y Mann Martin
Y McBee McCov
Y McKe'lvey McKinney.B
McKinney.C Y Meadows
Y Merritt
Y Milam
Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Oliver.C Oliver.M
Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston Poag
Y Porter Y Poston
Powell,A
Y Powell.C
On the motion, the ayes were 114, nays 0. The motion prevailed.
Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Y Selman
Y Sherrill Simpson Sinkfield Skipper Smith.L
Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F
Y Stancil,S Stanley
Y Streat
Y Taylor
Y Teper Thomas.C Thomas.M Thomas.N Thurmond
Y Titus Y Tolbert
Townsend
Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L
Y Wall Y Watson Y Watts
White Wilder Y Williams.B
Williams.J Y Williams.R
Y Yeargin
Murphy.Spkr
Representatives Coker of the 21st, Powell of the 13th and Thurmond of the 67th 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 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 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.
The following Senate amendment was read:
Amend HB 456 by striking on line 23 of page 1 the figure "1991" and substituting the figure "1992".
Representative Dover of the llth moved that the House agree to the Senate amendment to HB 456.
On the motion, the ayes were 99, nays 1.
The motion prevailed.
HB 1595.
By Representative Dover of the llth:
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 provide for a three-year digest evaluation cycle.
The following Senate amendment was read:
Amend HB 1595 by inserting "(1)" immediately following "(a)" on line 31 of page 7.
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JOURNAL OF THE HOUSE,
By inserting "digest review" immediately following "preceding" on line 32 of page 7.
By inserting "digest review" immediately following "subsequent" on line 1 of page 8.
By inserting between lines 24 and 25 of page 8 the following:
"(2) In addition to the withholding of state grant funds specified in this Code section, a specific penalty is levied which shall be $5.00 per taxable parcel of real property located in the county as of January 1 of the year in which the penalty is levied and it shall be paid by the governing authority of the county to the commissioner."
By inserting "digest" immediately following "subsequent" on line 10 of page 9.
Representative Dover of the llth moved that the House agree to the Senate amendment to HB 1595.
On the motion, the ayes were 98, nays 3.
The motion prevailed.
Representatives Breedlove of the 60th and Wall of the 61st wish to be recorded as voting "nay" on the preceding vote.
HB 1196. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that no county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribution, storage, transportation, disposal, formulation or labeling.
The following Senate substitute was read:
A BILL
To amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that no county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture; to provide an exemption; to provide for petitions for variances and the practices and procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," is amended by adding, following Code Section 2-7-113, a new Code Section 2-7-113.1 to read as follows:
"2-7-113.1. (a) No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture. This provision shall in no way prohibit or impair the legal right of any county, municipal corporation, consolidated government, or other political subdivision of this state to issue business licenses or to make zoning decisions.
TUESDAY, MARCH 24, 1992
3319
(b) The governing authority of any county or municipality may, by resolution, petition the Commissioner of Agriculture for a variance from a rule or regulation of the Commissioner because of special circumstances relating to the use or application of a pesticide. If such a petition is received by the Commissioner, it shall be the duty of the Commissioner to notify the President of the Senate, the Speaker of the House of Representatives, and the chairmen of the Agriculture Committee and Natural Resources Committee of the Senate and the Agriculture and Consumer Affairs Committee and the Natural Resources and Environment Committee of the House of Representatives that such petition has been received. The Commissioner shall conduct a public hearing on such petition and issue a decision on the requested variance within 60 days of the receipt of the petition. If a decision is not given within 60 days of the receipt of the petition, the variance shall automatically be granted. The Commissioner may grant a variance requested under this subsection with or without changes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Reaves of the 147th moved that the House agree to the Senate substitute to HB 1196.
On the motion, the ayes were 104, nays 3.
The motion prevailed.
HB 1369.
By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require additional information on certain lists of electors; to authorize certain absentee electors to make applications for absentee ballots by facsimile transmission.
The following Senate amendment was read:
Amend HB 1369 by striking line 12 of page 1 and inserting in lieu thereof the following:
"received too late to be counted; to permit any elector to be accompanied by such elector's minor child or minor children into the enclosed area and into a voting compartment or voting machine booth; to provide for an exception; to provide an effective".
By redesignating Sections 5, 6, 7, and 8 as Sections 6, 7, 8, and 9, respectively.
By adding between lines 23 and 24 of page 8 a new Section 5 to read as follows:
"Section 5. Said title is further amended by striking subsection (e) of Code Section 21-2-413, relating to requirements as to conduct of voters, campaigners, and others at polling places generally, and inserting in lieu thereof a new subsection (e) to read as follows:
'(e) All persons except poll officers, poll watchers, persons in the course of voting and such electors' minor children, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such elector's minor child or children unless a poll officer determines that such child or children are causing a disturbance or are interfering with the conduct of voting.'".
By redesignating Sections 9 and 10 on page 15 as Sections 11 and 12, respectively.
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By adding between lines 2 and 3 of page 15 a new Section 10 to read as follows:
"Section 10. Said title is further amended by striking subsection (e) of Code Section 21-3-320, relating to conduct of voters, campaigners, and others at polling places, and inserting in lieu thereof a new subsection (e) to read as follows:
'(e) All persons, except poll officers, persons in the course of voting and such electors' minor children, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such elector's minor child or children unless a poll officer determines that such child or children are causing a disturbance or are interfering with the conduct of voting.'".
The following amendment was read and adopted:
Representatives Morsberger of the 62nd and Holmes of the 28th move to amend the Senate amendment to HB 1369 by striking from lines 6 through 8 of page 1 the following:
"minor child or minor children into the enclosed area and into a voting compartment or voting machine booth;",
and inserting in its place the following:
"child or children under 12 years of age into the enclosed area and into a voting compartment or voting machine booth; to provide for conditions;".
By striking "electors' minor children" from line 22 of page 1 and inserting in its place the following:
"persons' children under 12 years of age accompanying such persons".
By striking from lines 1 through 5 of page 2 the following:
"voting by such elector's minor child or children unless a poll officer determines that svuoctihngc.h'"i.l"d, or children are causing a disturbance or are interfering with the conduct of
and inserting in its place the following:
"voting by such elector's child or children under 12 years of age unless the poll manager or an assistant manager determines in his sole discretion that such child or children are causing a disturbance or are interfering with the conduct of voting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of a voting machine or vote recorder under any circumstances.'""
By striking "electors' minor children" from lines 16 and 17 of page 2 and inserting in its place the following:
"persons' children under 12 years of age accompanying such persons".
By striking from lines 26 through 29 of page 2 the following:
"voting by such elector's minor child or children unless a poll officer determines that svuoctihngc.h'"i.l"d, or children are causing a disturbance or are interfering with the conduct of
and inserting in its place the following:
TUESDAY, MARCH 24, 1992
3321
"voting by such elector's child or children under 12 years of age unless the poll manager or an assistant manager determines in his sole discretion that such child or children are causing a disturbance or are interfering with the conduct of voting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of a voting machine or vote recorder under any circumstances.'""
Representative Holmes of the 28th moved that the House agree to the Senate amendment, as amended by the House, to HB 1369.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams
Y Aiken Y Alford Y Ashe Y Atkins
Baker N Balkcom N Barfoot
Bargeron Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux Y Bostick Branch Y Breedlove Brooks Y Brown Brush
NBuck N Buckner NByrd Y Campbell
Canty N Carrell
Carter N Cauthorn N Chafin N Chambless N Cheeks Y Childers
Y Clark.E N Clark.L Y Coker
Coleman N Colwell N Connell N Culbreth
Cummings,B Y Cummings.M Y Davis,D
Davis.G Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel N Floyd.J.M N Floyd,J.W Flynt N Godbee N Golden Goodwin E Green Y Greene
Y Griffin N Groover Y Hamilton Y Hammond
Hanner N Harris.B N Harris,J
Y Heard N Henson Y Herbert Y Holland Y Holmes Y Howard N Hudson N Irwin N Jackson Y Jamieson Y Jenkins Y Jones N Kilgore NKing Y Kingston Y Klein YLadd Y Lane.D N Lane.R Y Langford Y Lawrence N Lawson NLee N Long NLord
Y Lucas YMann Y Martin Y McBee Y McCoy
McKelvey McKinney,B McKinney,C Y Meadows Y Merritt N Milam
Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M NOrr Y Orrock Y Padgett Y Parham N Parrish N Patten Y Pelote Y Perry
N Pettit Y Pinholster
Pinks ton
YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Presley N Purcell Y Randall
YRay Y Reaves
Redding N Ricketson N Royal N Selman Y Sherrill
Simpson Y Sinkfield
Skipper Smith.L Y Smith.P Y Smith.T Smith, W
Y Smyre YSnow
Stancil.F
Y Stancil.S Y Stanley Y Streat N Taylor N Teper
Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Turnquest
N Twiggs Y Valenti Y Vaughan Y Walker,J N Walker.L N Wall N Watson N Watts
Y White Y Wilder Y Williams.B
Williams.J Williams.R N Yeargin Murphy.Spkr
On the motion, the ayes were 90, nays 54. The motion was lost.
Representative Wilder of the 21st moved that the House reconsider its action in failing to agree to the Senate amendment, as amended by the House, to HB 1369.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams
Aiken Y Alford Y Ashe Y Atkins
Baker N Balkcom N Barfoot
Bargeron Y Barnett.B
Y Barnett.M N Bates
Y Beatty N Benefield N Birdsong Y Blitch Y Bordeaux
Y Bostick N Branch
Y Breedlove Brooks
Y Brown N Brush NBuck N Buckner NByrd Y Campbell
Canty N Carrell
Carter N Cauthorn N Chafin
N Chambless
N Cheeks N Childers
Y Clark.E N Clark.L Y Coker N Coleman N Colwell Y Connell N Culbreth Y Cummings.B
Y Cummings.M Y Davis.D
Davis.G Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
Dunn Edwards
Y Elliott
3322
JOURNAL OF THE HOUSE,
Y Felton Y Fennel N Floyd.J.M N Floyd.J.W
Flynt N Godbee N Golden Y Goodwin
E Green Y Greene Y Griffin N Groover Y Hamilton
Y Hammond Hanner
N Harris.B N Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes N Howard N Hudson
N Irwin
N Jackson Y Jamieson
Jenkins Y Jones N Kilgore NKing N Kingston Y Klein
YLadd Y Lane.D N Lane.R Y Langford Y Lawrence N Lawson NLee NLong
Lord N Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney,B
McKinney.C
Y Meadows Y Merritt N Milam N Mills N Mobley N Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett N Parham N Parrish N Patten Y Pelote Y Perry N Pettit Y Pinholster N Pinkston YPoag Y Porter N Poston
N Powell,A Y PowelLC Y Presley N Purcell
Randall NRay N Reaves
Redding N Ricketson N Royal N Selman Y Sherrill
Simpson N Sinkfield
Skipper Smith.L Y Smith,P Y Smith.T Smith.W Smyre YSnow Stancil.F Y Stancil.S
Y Stanley N Streat
Y Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan N Walker,J N Walker.L N Wall N Watson N Watts Y White Y Wilder Y Williams.B
Williams.J Williams.R
N Yeargin Murphy.Spkr
On the motion, the ayes were 85, nays 66. The motion prevailed.
Representative Holmes of the 28th moved that the House agree to the Senate amendment, as amended by the House, to HB 1369.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Balkcom N Barfoot Bargeron Y Barnett.B Y Barnett.M
N Bates Y Beatty N Benefield
N Birdsong Y Blitch Y Bordeaux Y Bostick N Branch Y Breedlove
Brooks Y Brown
Y Brush N Buck N Buckner
N Bvrd Y Campbell
Canty N Carrell
Carter N Cauthorn N Chafin
N Chambless N Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker N Coleman N Colwell N Connell N Culbreth Y Cummings,B Y Cummings.M Y Davis.D
Davis.G
Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn N Edwards Y Elliott
Y Felton Y Fennel N Floyd.J.M N Floyd.J.W
Flynt N Godbee N Golden Y Goodwin E Green Y Greene Y Griffin N Groover Y Hamilton
Y Hammond N Hanner N Harris,B N Harris,J
Y Heard Y Henson Y Herbert Y 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 Y Lane.D N Lane.R Y Langford
Y Lawrence N Lawson
NLee N Long NLord Y Lucas YMann Y Martin
McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt N Milam
On the motion, the ayes were 98, nays 58.
Y Mills N Mobley
Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett N Parham N Parrish N Patten Y Pelote Y Perry
N Pettit Y Pinholster N Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley N Purcell Y Randall YRay N Reaves
Redding N Ricketson N Royal N Selman Y Sherrill
Simpson N Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W
Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley Y Streat N Taylor
Y Teper N 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 N Walker.L N Wall N Watson N Watts Y White Y Wilder Y Williams.B
Williams.J Williams.R N Yeargin Murphy.Spkr
TUESDAY, MARCH 24, 1992
3323
The motion prevailed.
Representatives McKinney of the 40th and Davis of the 45th 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 1390.
By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide procedures for removing structures located on or over tidewaters, navigable streams, and navigable rivers of the state which are used as places of habitation.
The following Senate substitute was read:
A BILL
To amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide procedures for removing structures located on or over tidewaters, navigable streams, and navigable rivers of the state which are used as places of habitation, dwelling, sojournment, or residence; to provide short titles; to provide statements of legislative purpose; to define certain words and phrases; to make the existence of such structures unlawful; to provide for the issuance of administrative orders by the commissioner of natural resources; to provide for the contents of such orders; to provide for service of such orders; to provide for a right to a hearing before an administrative law judge to contest such orders; to provide for the procedures to be utilized in the conduct of such hearings; to provide for judicial review; to provide when a structure will be deemed contraband; to provide for the seizure and removal of the contraband structure; to provide for posting notice on the contraband structure and allowing 30 days for the owner or possessor of such contraband structure to remove same; to provide for the sale of such contraband structure and the disposition of the proceeds; to preserve certain rights of action; to provide for the permitting of certain structures on the tidewaters, navigable streams, and navigable rivers of the state for a certain period of time; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by adding thereto a new Chapter 1 to read as follows:
"CHAPTER 1 ARTICLE 1
52-1-1. This article shall be known and may be cited as the 'Protection of Tidewaters Act.'
52-1-2. The General Assembly finds and declares that the State of Georgia became the owner of the beds of all tidewaters within the jurisdiction of the State of Georgia as successor to the Crown of England and by the common law. The State of Georgia continues to hold title to the beds of all tidewaters within the state, except where title in a private party can be traced to a valid Crown or state grant which explicitly conveyed the beds of such tidewaters. The General Assembly further finds that the State of Georgia, as sovereign, is trustee of the rights of the people of the state to use and enjoy all tidewaters which are capable of use for fishing, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine. Therefore, the General Assembly declares that the protection of tidewaters for use by the state and its
3324
JOURNAL OF THE HOUSE,
citizens has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and, consequently, is properly a matter for regulation under the police powers of the state. The General Assembly further finds and declares that structures located upon tidewaters which are used as places of habitation, dwelling, sojournment, or residence interfere with the state's proprietary interest or the public trust, or both, and must be removed to ensure the rights of the state and the people of the State of Georgia to the use and enjoyment of such tidewaters. It is declared to be a policy of this state and the intent of this article to protect the tidewaters of the state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such tidewaters in accordance with the procedures and within the timetable set forth in this article.
52-1-3. As used in this article, the term:
(1) 'Board' means the Board of Natural Resources. (2) 'Commissioner' means the commissioner of natural resources.
(3) 'Structure' means any structure located upon any tidewaters of this state, whether such structure is floating upon such tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such tidewaters when such structure is being or has been
used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or pos-
sessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-10. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include vessels which are
capable of navigation and are tied up at marinas. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments which do
not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are
located. (4) 'Tidewaters' means the sea and all rivers and arms of the sea that are affected
by the tide, where the tide rises and falls, which are capable of use for fishing, pas-
sage, navigation, commerce, or transportation, and which are located within the juris-
diction of the State of Georgia. 52-1-4. The existence of a structure as defined in this article is declared to be a public nuisance and unlawful.
52-1-5. Whenever the commissioner determines that any structure as defined in this article exists, the commissioner may issue an order directed 'TO ALL PERSONS IN
POSSESSION OR CLAIMING OWNERSHIP OF THIS STRUCTURE.' The order shall describe the structure in reasonable detail, shall set forth the unlawful nature of the structure, and shall order that the structure be removed within a reasonable time
after the order becomes final to be prescribed in such order. Any order issued by the commissioner under this article shall be signed by the commissioner. Any such order
shall become final unless any person in possession of the structure or any person claiming ownership of or an interest in the structure requests in writing a hearing pursuant to Code Section 52-1-6. The order shall apprise the person or persons of their right to request a hearing and of the procedures necessary to obtain a hearing pursuant to Code
Section 52-1-6. The order, in all cases, shall be served by initially publishing the same once each week for two successive weeks in a newspaper printed and published in the county in which the structure is located or in a newspaper of general circulation in the
county in which the structure is located. The order shall then be served by a peace officer upon any person of suitable age and discretion found in possession of the structure or, if no such person is found in possession of the structure, the peace officer shall
securely post the order in a conspicuous place on the structure. Any order so posted must be protected from the weather by encasing same in a weatherproof, transparent
material. The date of service shall be stated within the order. The return of the service signed by the peace officer and filed in the office of the commissioner, stating that a
copy of such order was served either upon a person of suitable age and discretion in possession of the structure personally or that no such person was found in possession of the
TUESDAY, MARCH 24, 1992
3325
structure and that a copy of the order was posted in a conspicuous place on the structure in accordance with this Code section, shall be sufficient evidence as to the service of such person in possession; provided, however, that where the address of the person or persons claiming ownership of the structure is known, a copy of such order shall be mailed to such persons by certified mail as part of the service process during the period of time that the order is being published in the newspaper.
52-1-6. Any person in possession of the structure or any person claiming ownership of or an interest in the structure which is the subject of an order issued pursuant to Code Section 52-1-5 or Code Section 52-1-10 shall, upon petition in writing within 30 days after service of such order, have a right to a hearing before an administrative law judge appointed by the board. Such petition must be filed with the administrative law judge and must be received by the administrative law judge within such 30 day period. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Unless waived by the commissioner, any person seeking a hearing has the burden of going forward with evidence regarding possession or ownership of or an interest in the structure, and the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. Any decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and review procedure provided for the petitioner in this Code section is to the exclusion of all other means of hearing or review.
52-1-7. Whenever any order issued by the commissioner pursuant to Code Section 52-1-5 becomes final or whenever any order adverse to the owner or possessor of a structure issued by the administrative law judge pursuant to Code Section 52-1-6 becomes final by being unappealed or affirmed upon appeal, the structure shall be deemed contraband. Upon the structure becoming contraband, the commissioner or his duly authorized agents shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct; provided, however, that prior to such seizure the commissioner shall securely post a notice in a conspicuous place on the structure and, if the address of any person or persons claiming ownership of or any person or persons in possession of the structure is known, the commissioner shall mail a copy of such notice to such person or persons by certified mail informing such person or persons claiming ownership of or in possession of the structure that such structure is considered contraband as a matter of law and that unless the structure is removed within 30 days of the date of the notice, the commissioner, through his duly appointed agents, shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct. Any such notice so posted must be protected from the weather by encasing same in a weatherproof, transparent material. In the event the commissioner sells the structure or the materials of such structure, he may credit and retain the proceeds of such sale against the cost of the removal and disposal of the structure and any remaining balance shall be deposited in the state treasury to the credit of the general fund.
52-1-8. Except as otherwise provided for in this article, any remedy provided for in this article shall be in addition to any other remedy available to the state, any littoral proprietor within this state, or any other citizen of this state.
52-1-9. In the event the commissioner determines that the seizure and removal of a structure shall result in the removal of a person or persons from a permanent residence, the commissioner may, at the end of the 30 day period set forth in Code Section 52-1-7, allow a reasonable period of time for the structure inhabitants to find a new residence prior to the removal of the structure.
52-1-10. (a) The commissioner may, after July 1, 1992, issue a permit for a maximum term of five years for the location, usage, and possession of a structure which existed on February 1, 1992, upon tidewaters of the state; provided, however, that no permit shall be issued for any structure which does not conform to and meet the requirements of rules and regulations promulgated by the board establishing minimum
3326
JOURNAL OF THE HOUSE,
standards of sanitation, safety, and construction. No permit shall be issued for a term ending after June 30, 1997.
(b) No permit issued by the commissioner pursuant to subsection (a) of this Code section shall be renewable and a permit may be revoked by the commissioner at any time during its term for failure to continue to meet the requirements of the board's rules.
ARTICLE 2
52-1-30. This article shall be known and may be cited as the 'Right of Passage Act.' 52-1-31. The General Assembly finds and declares that by the common law the citizens of this state have an inherent right to use as highways all navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year and that this right of use extends to the entire surface of the stream or river from bank to bank. The General Assembly further finds that the common law regarding such right of use has not been modified by statute nor is it incompatible with the federal or state Constitutions. Therefore, the General Assembly declares that ensuring the right of use by all the citizens of this state of navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year as highways has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and, consequently, is properly a matter for regulation under the police powers of the state. The General Assembly further finds and declares that structures located upon navigable streams and rivers which are used as places of habitation, dwelling, sojournment, or residence interfere with the citizens' right to use the entire surface of such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year from bank to bank as highways and must be removed to ensure the rights of the citizens of this state to such usage. It is declared to be a policy of this state and the intent of this article to ensure such rights of the citizens of this state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year in accordance with the procedures and within the timetable set forth in this article. 52-1-32. As used in this article, the term:
(1) 'Board' means the Board of Natural Resources. (2) 'Commissioner' means the commissioner of natural resources. (3) 'Navigable stream or river' means a stream or river which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. (4) 'Structure' means any structure located upon any navigable stream or river of this state, whether such structure is floating upon such navigable stream or river and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such navigable stream or river when such structure is being, has been, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such navigable stream or river; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-39. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include vessels which are capable of navigation and are tied up at marinas. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located. 52-1-33. The existence of a structure as defined in this article is declared to be a public nuisance and unlawful.
TUESDAY, MARCH 24, 1992
3327
52-1-34. Whenever the commissioner determines that any structure as defined in this article exists, the commissioner may issue an order directed 'TO ALL PERSONS IN POSSESSION OR CLAIMING OWNERSHIP OF THIS STRUCTURE.' The order shall describe the structure in reasonable detail, shall set forth the unlawful nature of the structure, and shall order that the structure be removed within a reasonable time after the order becomes final to be prescribed in such order. Any order issued by the commissioner under this article shall be signed by the commissioner. Any such order shall become final unless any person in possession of the structure or any person claiming ownership of or an interest in the structure requests in writing a hearing pursuant to Code Section 52-1-35. The order shall apprise the person or persons of their right to request a hearing and of the procedures necessary to obtain a hearing pursuant to Code Section 52-1-35. The order, in all cases, shall be served by initially publishing the same once each week for two successive weeks in a newspaper printed and published in the county in which the structure is located or in a newspaper of general circulation in the county in which the structure is located. The order shall then be served by a peace officer upon any person of suitable age and discretion found in possession of the structure or if no person is found in possession of the structure, the peace officer shall securely post the order in a conspicuous place on the structure. Any order so posted must be protected from the weather by encasing same in a weatherproof, transparent material. The date of service shall be stated within the order. The return of the service signed by the peace officer and filed in the office of the commissioner, stating that a copy of such order was served upon a person of suitable age and discretion in possession of the structure personally or that no such person was found in possession of the structure and that a copy of the order was posted in a conspicuous place on the structure in accordance with this Code section, shall be sufficient evidence as to the service of such person in possession; provided, however, that where the address of the person or persons claiming ownership of the structure is known, a copy of such order shall be mailed to such persons by certified mail as part of the service process during the period of time that the order is being published in the newspaper.
52-1-35. Any person in possession of the structure or any person claiming ownership of or an interest in the structure which is the subject of an order issued pursuant to Code Section 52-1-34 or Code section 52-1-39 shall, upon petition in writing within 30 days after service of such order, have a right to a hearing before an administrative law judge appointed by the board. Such petition must be filed with the administrative law judge and must be received by the administrative law judge within such 30 day period. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Unless waived by the commissioner, any person seeking a hearing has the burden of going forward with evidence regarding possession or ownership of or an interest in the structure, and the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. Any decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and review procedure provided for the petitioner in this Code section is to the exclusion of all other means of hearing or review.
52-1-36. Whenever any order issued by the commissioner pursuant to Code Section 52-1-34 becomes final or whenever any order adverse to the owner or possessor of a structure issued by the administrative law judge pursuant to Code Section 52-1-35 becomes final by being unappealed or affirmed upon appeal, the structure shall be deemed contraband. Upon the structure becoming contraband, the commissioner or his duly authorized agents shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct; provided, however, that prior to such seizure the commissioner shall securely post a notice in a conspicuous place
on the structure and, if the address of any person or persons claiming ownership of or
any person or persons in possession of the structure is known, the commissioner shall
mail a copy of such notice to such person or persons by certified mail informing such
3328
JOURNAL OF THE HOUSE,
person or persons claiming ownership of or in possession of the structure that such structure is considered contraband as a matter of law and that unless the structure is removed within 30 days of the date of the notice, the commissioner, through his duly appointed agents, shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct. Any such notice so posted must be protected from the weather by encasing same in a weatherproof, transparent material. In the event the commissioner sells the structure or the materials of such structure, he may credit and retain the proceeds of such sale against the cost of the removal and disposal of the structure and any remaining balance shall be deposited in the state treasury to the credit of the general fund.
52-1-37. Except as otherwise provided for in this article, any remedy provided for in this article shall be in addition to any other remedy available to the state, any riparian owner within this state, or any other citizen of this state. Further, nothing in this article shall be construed as limiting any right that the state or any citizen of this state has regarding the right of passage on any stream or river in this state whether or not it is navigable as 'navigable stream or river' is defined in this article.
52-1-38. In the event the commissioner determines that the seizure and removal of a structure shall result in the removal of a person or persons from a permanent residence, the commissioner may, at the end of the 30 day period set forth in Code Section 52-1-36, allow a reasonable period of time for the structure inhabitants to find a new residence prior to the removal of the structure.
52-1-39. (a) The commissioner may, after July 1, 1992, issued a permit for a maximum term of five years for the location, usage, and possession of a structure which existed on February 1, 1992, upon a navigable river or navigable stream of the state; provided, however, that no permit shall be issued for any structure which does not conform to and meet the requirements of rules and regulations promulgated by the board establishing minimum standards of sanitation, safety, and construction. No permit shall be issued for a term ending after June 30, 1997.
(b) No permit issued by the commissioner pursuant to subsection (a) of this Code section shall be renewable and a permit may be revoked by the commissioner at any time during its term for failure to continue to meet the requirements of the board's rules."
Section 2. In the event any article, section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other articles, sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the article, section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional was not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional.
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:
Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Senate substitute to HB 1390 by inserting on line 1 of page 4 between the words "establishments" and "which" the following:
"permitted under the Coastal Marshlands Protection Act of 1970, as amended,".
By inserting on line 22 of page 10 between the words "establishments" and "which" the following:
"permitted under the Coastal Marshlands Protection Act of 1970, as amended,".
TUESDAY, MARCH 24, 1992
3329
Representative Porter of the 119th moved that the House agree to the Senate substitute, as amended by the House, to HB 1390.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford
Y Ashe Y Atkins
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
Brush
YBuck Y Buckner
N Byrd Y Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers
Y Clark.E N Clark,L Y Coker N Coleman N Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton N Fennel Y Floyd.J.M Y Floyd.J.W Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover
Y Hamilton Hammond
Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
N Hudson Y Irwin
Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong
Lord
Y Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam
On the motion, the ayes were 138, nays 12. The motion prevailed.
Y Mills N Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Y Skipper Smith,L
Y Smith.P Smith.T
N Smith.W Smyre
YSnow Stancil.F
Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest N Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J
Williams.R N Yeargin
Murphy.Spkr
Representatives Davis of the 45th and Hammond of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 1394.
By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, so as to provide for instances when persons are not aggrieved or adversely affected, and to provide for disposition of certain moneys and civil penalties collected by the division.
The following Senate amendment was read:
Amend HB 1394 by inserting on line 28 of page 28, following the word "facilities", the following:
"which had interim status prior to November 8j 1984,".
By inserting on line 21 of page 43, between the word "standards" and the symbol ";", the following:
3330
JOURNAL OF THE HOUSE,
"promulgated in accordance with Code Section 12-8-64 and in force and effect on January lj 1992".
By striking on lines 27 and 28 of page 43, on line 4 of page 44, and on line 9 of page 44 the words "pursuant to this article" and inserting in lieu thereof the following:
"pursuant te this article in accordance with Code Section 12-8-64 and in force and effect on January 1^ 1992".
By inserting immediately following line 19 of page 48 the following:
"(6) 'Onshore facility' means any facility of any kind including, but not limited to, motor vehicles and rolling stock located in, on, or under any land or nonnavigable waters within the United States;".
By redesignating paragraphs (6), (7), (8), (9), (10), (11), and (12) on line 20 of page 48; lines 19 and 26 of page 49; lines 20 and 27 of page 50; and lines 10 and 13 of page 51, respectively, as paragraphs (7), (8), (9), (10), (11), (12), and (13), respectively.
By inserting on line 11 of page 51 following the word "property", the following:
"and any other owner's property".
By inserting at the end of line 26 of page 54 the following:
"provided, however, that if a county or municipal corporation has been or is the owner of or operator of such site, not less than $500,000.00 of such costs shall be paid from the hazardous waste trust fund;".
By striking on lines 20 and 21 of page 58 the words "by such person".
By inserting at the end of line 22 on page 62 the word "and".
Representative Porter of the 119th moved that the House agree to the Senate amendment to HB 1394.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Ashe
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
Brush YBuck Y Buckner
Y Byrd Y Campbell Y Canty Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis,D
Davis.G 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 Flynt
Y Godbee Y Golden
Y Goodwin E Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B
Y Harris.J Y Heard Y Henson Y Herbert 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 Mann Y Martin Y McBee 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 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 Presley Y Purcell
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
Smith.W Smyre YSnow Stancil,F Y Stancil.S Y Stanley Streat
TUESDAY, MARCH 24, 1992
3331
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
On the motion, the ayes were 151, nays 0. The motion prevailed.
Y Wall Y Watson Y Watts
White Y Wilder
Y Williams.B Y Williams,J
Williams.R Y Yeargin
Murphy.Spkr
Representatives Pettit of the 19th and Davis of the 45th 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 1039. By Representatives Dixon of the 128th, Kilgore of the 42nd and Watson of the 114th:
A bill to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to require the licensure of dealers of new and used manufactured homes and mobile homes.
The following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to require the licensure of dealers of new and used manufactured homes and mobile homes; to regulate the installation of manufactured homes and mobile homes; to define certain terms; to authorize and direct the Georgia Safety Fire Commissioner to perform certain duties; to provide for the licensure of certain persons installing manufactured homes and mobile homes; to provide for regulations governing such installations; to provide for exemptions; to provide for penalties; to provide for preemption of local regulation; to provide for related matters; to provide effective dates; 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 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by striking in its entirety Code Section 8-2-131, relating to definitions applicable to uniform standards for manufactured homes, and inserting in lieu thereof the following:
"8-2-131. As used in this part, the term: (1) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Dealer' means any person who sells or offers for sale to consumers three or
more new or used manufactured homes or mobile homes in a ^2 month period. Such term shall not include a person who sells or offers for sale one or more manufactured homes or mobile homes in conjunction with the transfer of an interest in land.
{2} (3) 'Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
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JOURNAL OF THE HOUSE,
(4) 'Manufacturer' means any person who constructs or assembles manufactured housing.
(5) 'Mobile home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976."
Section 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 8-2-135, relating to the licensure of manufacturers and dealers of manufactured homes, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Every dealer who sells or offers for sale new or used manufactured homes or mobile homes in Georgia shall apply for and obtain a license."
Section 3. Said article is further amended by inserting at the end thereof a new Part 3 to read as follows:
"Part 3
8-2-160. As used in this part, the term: (1) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Installation' means the construction of a foundation system and the placement
or erection of a manufactured home or a mobile home on the foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such home and connecting multiple or expandable sections of such home.
(3) 'Installer' means a person responsible for performing an installation and who is required to obtain a license pursuant to the provisions of Code Section 8-2-164.
(4) 'Manufactured home' means a new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
(5) 'Manufacturer' means any person who constructs or assembles manufactured housing.
(6) 'Mobile home' means a new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and built prior to June 15, 1976.
(7) 'Person' means an individual, corporation, partnership, association, or any other legal entity, but shall not include a trust or the state or any political subdivision thereof. 8-2-161. It shall be the authority and duty of the Commissioner to:
(1) Establish rules and procedures for the licensure of installers as provided by Code Section 8-2-164 and the implementation and collection of an annual license fee, which shall be $100.00; and
(2) Establish and publish rules and regulations governing the installation of manufactured homes and mobile homes to be followed in instances in which no manufacturer's installation instructions are available. Such rules and regulations shall be
TUESDAY, MARCH 24, 1992
3333
equivalent to usual and ordinary manufacturer's installation instructions and Appendix H of the State Building Code. 8-2-162. The Commissioner is charged with the full authority to administer this part. He may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, to obtain statistical data concerning manufactured homes and mobile homes, and to prescribe means, methods, and practices to make this part effective. The Commissioner may also make such investigations of consumer complaints relating to installations as in his judgment are necessary to enforce and administer this part. 8-2-163. It shall be unlawful for any person to perform an installation of a manufactured home or a mobile home, without regard to whether such person receives compensation for such action, except as provided in this part. 8-2-164. Any installer performing any installation of a manufactured home or a mobile home in this state shall first obtain a license from the Commissioner; provided, however, that persons employed by or contracting with a licensed installer to perform installations shall not be required to obtain such license. The provisions of this Code section shall not apply to a person who installs a mobile home or manufactured home on real property owned by such person; provided, however, that any such person shall comply with all other applicable provisions of this part. 8-2-165. Any installation of a manufactured home or a mobile home in this state shall be performed in strict compliance with the applicable manufacturer's installation instructions, specifically including, without limitation, correctly installed tie-downs and anchors. In the absence of such instructions, installations shall be performed in accordance with the applicable rules and regulations adopted by the Commissioner. 8-2-166. Any person convicted of a violation of this part shall be guilty of a misdemeanor and may be penalized by a fine of not more than $500.00 for each such violation, and by the suspension or revocation of licensure. Multiple violations of this part occurring in a single installation shall constitute one violation. Each installation performed in violation of this part shall constitute a separate violation. 8-2-167. No political subdivision may adopt or enforce any requirement not consistent with this part. 8-2-168. (a) The adoption of rules and conduct of hearings under this part shall be in compliance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The Commissioner is authorized to provide by regulation the manner in which he will conduct presentations of views during his participation as the Georgia administrative agency as required by the federal National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq."
Section 4. For purposes of making rules as provided in Code Section 8-2-162, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes this Act shall become effective on January 1, 1993.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Dixon of the 128th, et al. move to amend the Senate substitute to HB 1039 by inserting on line 7 of page 6, between the word "person" and the symbol ";", the following:
"or a mobile home or manufactured home intended for use as such person's primary or secondary residence".
Representative Dixon of the 128th moved that the House agree to the Senate substitute, as amended by the House, to HB 1039.
3334
JOURNAL OF THE HOUSE,
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford
Ashe Y Atkins
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
Brooks Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Cheeks Y Childers
Y Clark,E Y Clark.L Y Coker
Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis,D
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd.J.W Flynt Godbee
Y Golden Y Goodwin E 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 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 YMann Y Martin
Y McBee 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
Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson
Y Royal Selman
Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W
Smyre Snow Stancil.F
Y Stancil,S Y Stanley
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 Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J
Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 148, nays 0. The motion prevailed.
Representatives Ashe of the 25th and Pettit of the 19th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1163. By Representatives Pinkston of the 100th, Groover of the 99th, Randall of the 101st, Lucas of the 102nd, Elliott of the 103rd and others:
A resolution commending the Tattnall Square Academy Lady Trojans and inviting the team and coaches to appear and be recognized before the House of Representatives.
HR 1164.
By Representatives Pinkston of the 100th, Groover of the 99th, Randall of the 101st, Lucas of the 102nd, Elliott of the 103rd and others:
A resolution commending the Tattnall Square Academy Lady Trojans softball team and inviting them to appear and be recognized before the House of Representatives.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
TUESDAY, MARCH 24, 1992
3335
Mr. Speaker:
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:
HB 1666. By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd, Jones of the 71st, Taylor of the 94th and others:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed.
The President has appointed on the part of the Senate the following:
Senators Robinson of the 16th, Tysinger of the 41st and Pollard of the 24th.
The following Resolution of the House, favorably reported by the Committee on Rules was read:
HR 1115.
By Representatives McBee of the 68th, Powell of the 13th, Thurmond of the 67th and Clark of the 13th:
A resolution commending the Cedar Shoals High School Girls' Basketball Team and inviting the team and coaches to appear before the House of Representatives.
The following amendment was read and adopted:
Representative McBee of the 68th moves to amend HR 1115 as follows: By striking on lines 2 and 3 of page 1 the following: "and inviting the team and coaches to appear before the House of Representatives;"
and by striking on lines 11, 12, 13 and 14 on page 2 the following:
"and invite the coaches and team players to appear before the House of Representatives on March 25, 1992, at a time to be designated by the Speaker."
The Resolution, as amended, was adopted.
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 598 Do Pass, by Substitute SB 811 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman
Representative Parham of the 105th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
3336
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 555 Do Pass
SB 634 Do Pass, as Amended SB 699 Do Pass
SB 528 Do Pass, as Amended
SB 646 Do Pass, by Substitute SB 81 Do Pass, by Substitute
Respectfully submitted, M Parham of the 105th
Chairman
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:
SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th 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 conditions of employment under the "Quality Basic Education Act," so as to provide for a payfor-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Education; to provide for proposals by local schools.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 1399.
By Representatives Holland of the 136th, Porter of the 119th, Jamieson of the llth, Baker of the 51st, Floyd of the 135th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, so as to provide tax credits for certain businesses in certain counties.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:
HB 1931. By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth:
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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted.
The President has appointed on the part of the Senate the following:
Senators Foster of the 50th, Collins of the 17th and Ragan of the 10th.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
TUESDAY, MARCH 24, 1992
3337
HB 1340.
By Representative Manner of the 131st:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts.
The following Senate amendment was read: Amend HB 1340 by striking on lines 17 and 18 of page 1 the following: "be composed of, and inserting in lieu thereof the following: "consist of.
The following substitute (LC 21 1842S) was read:
A BILL
To amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts; to provide for the number of Representatives; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) There shall be 180 members of the House of Representatives, and such membership shall be apportioned among the representative districts provided for in this subsection. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided in this subsection, and shall be represented by one Representative.
District: 1
DADE COUNTY WALKER COUNTY
VTD: 0009 MOUNTAIN VTD: 0010 CHATTANOOGA VALLEY VTD: 0011 DAUGHERTY VTD: 0014 ROSSVILLE VTD: 0015 CHICKMAUGA AND WALLACEVILLE (Part)
Tract: 0205. Block(s): 203, 204, 219
VTD: 0016 FAIRYLAND VTD: 0017 FAIRVIEW (Part)
Tract: 0201. Block(s): 305, 311, 312, 322, 335A, 335B, 335C, 335D, 335E, 336, 337A, 337B, 338, 401, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411, 412A, 412B, 413A, 413B, 414A, 414B, 415, 416A, 416B, 417, 418, 419, 420, 421, 422, 423A, 423B, 424A, 424B, 425, 426, 430, 501, 502, 503, 505, 506, 507, 508, 509, 510, 511, 512,
3338
JOURNAL OF THE HOUSE,
513, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 702A, 702B, 702C, 703, 707, 708, 709, 710, 718 Tract: 0203. Block(s): 524, 525, 526, 527, 528, 529, 530, 531, 533, 535, 536, 537, 538, 539, 540, 541
District: 2
CATOOSA COUNTY VTD: 0002 BOYNTON (Part) Tract: 0307. Block(s): 204A, 204C, 204D, 207B, 701A, 701B, 702, 703, 704, 705, 706, 707, 708,
709, 710, 711, 712, 713, 714, 715, 716, 718 VTD: 0003 FORT OGLETHORPE (Part) Tract: 0307. Block(s): 101A, 101C, 101D, 159A, 160, 161A, 162, 163, 164, 201, 202, 203, 204B, 204E, 204F, 204G, 204H, 205, 206, 207A, 208, 209, 313, 314, 315, 316, 317, 318, 319, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 607A, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632 VTD: 0004 LAKEVIEW (Part) Tract: 0307. Block(s): 161B, 161C, 161D VTD: 0005 WESTSIDE (Part) Tract: 0307. Block(s): 101B, 101E, 102, 157, 158, 159B, 165, 166 WALKER COUNTY VTD: 0001 CHESTNUT FLAT VTD: 0002 LAFAYETTE VTD: 0003 POND SPRINGS VTD: 0005 PEAVINE VTD: 0006 EAST ARMUCHEE VTD: 0007 CANE CREEK VTD: 0008 WEST ARMUCHEE VTD: 0012 CEDAR GROVE VTD: 0013 KENSINGTON VTD: 0015 CHICKMAUGA AND WALLACEVILLE (Part) Tract: 0201. Block(s): 716A, 716B, 717A, 717B Tract: 0203. Block(s): 507, 508, 509, 510, 511, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621 Tract: 0205. Block(s): 202, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218,
TUESDAY, MARCH 24, 1992
3339
220, 221, 222, 223, 224, 225A, 225B, 225C, 226, 227A, 227B, 228, 229, 230, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 301, 302, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309A, 309B, 309C, 309D, 310, 311, 312, 313, 314, 315, 316, 317, 318A, 318B, 318C, 318D, 318E, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 337A, 337B, 337C, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349A, 349B, 350, 351, 352, 353A, 353B, 354, 355A, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 366B, 367, 369, 370, 371, 376, 384, 385, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 426A, 426B, 427A, 427B, 428A, 428B, 428C, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448A, 448B, 449, 450, 451A, 451B, 451C, 451D, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 524, 526 Tract: 0206.01 Block(s): 202, 203, 204, 205 VTD: 0017 FAIRVIEW (Part) Tract: 0201. Block(s): 701, 702D, 704, 705, 706, 711A, 711B, 712, 713, 714, 715, 719, 720, 721, 722A, 722B, 722C, 723 Tract: 0205. Block(s): 201, 231, 232
District: 3
CATOOSA COUNTY VTD: 0001 RINGGOLD VTD: 0002 BOYNTON (Part) Tract: 0302. Block(s): 307, 308, 309, 310, 311, 312 Tract: 0303. Block(s): 502, 503, 504, 505, 514, 516, 518, 519, 525, 526 Tract: 0304. Block(s): 123, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317, 318, 319, 320, 321, 322, 335, 336, 337, 338, 401, 402, 403, 404, 405, 414, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 515, 701, 702, 703, 704, 705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716 VTD: 0003 FORT OGLETHORPE (Part) Tract: 0306. Block(s): 304A, 312, 313, 314, 403A, 418, 420, 421, 422, 427A, 428A, 519A Tract: 0307.
3340
JOURNAL OF THE HOUSE,
Block(s): 103, 104, 107, 301A, 302A, 303, 305A, 306A, 306B, 307, 308, 309, 310A, 310B, 311, 312, 401, 402, 601, 603A
VTD: 0004 LAKEVIEW (Part) Tract: 0305. Block(s): 301A, 301B, 315, 318, 319, 320, 321, 322, 324 Tract: 0306. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 304B, 305, 306, 307, 308, 309, 310, 311, 401, 402, 403B, 404A, 404B, 404C, 404D, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 419, 423, 424, 425, 426, 427B, 428B, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519B, 519C, 520, 521 Tract: 0307. Block(s): 301B, 302B, 304, 305B, 306C, 310C, 602, 603B, 604, 605, 606, 607B
VTD: 0005 WESTSIDE (Part) Tract: 0304. Block(s): 210, 211, 213, 214A, 214B, 215, 216A, 216B, 218, 219, 710A, 710B Tract: 0305. Block(s): 101A, 101B, 102A, 102B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210
VTD: 0006 CATOOSA-KEITH VTD: 0007 CHAMBERS VTD: 0008 DUNCAN PARK VTD: 0009 BLACKSTOCK VTD: 0010 WOODSTATION VTD: 0011 GRAYSVILLE
District: 4
WHITFIELD COUNTY VTD: 0002 2A (Part) Tract: 0003. Block(s): 315, 335, 336 Tract: 0005. Block(s): 111C, 116, 117, 118, 119, 122, 123, 124, 125, 126, 127, 128G, 138D Tract: 0008. Block(s): 124C VTD: 0005 5A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0015 MILL CREEK AND WESTSIDE (Part) Tract: 0007. Block(s): 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314,
TUESDAY, MARCH 24, 1992
3341
315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0008. Block(s): 121B, 123A, 123D, 148, 201, 202, 203, 204, 205, 206, 207, 208,
209, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 229, 230, 231, 232, 302B, 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 413, 414, 415, 417, 474, 475, 476, 477, 478 VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0019 TRICHUM VTD: 0020 TUNNEL HILL VTD: 0022 VARNELL
District: 5
WHITFIELD COUNTY VTD: 0001 1A VTD: 0002 2A (Part) Tract: 0005. Block(s): 111A, 111B, 112A, 112B, 128A, 128B, 128C, 128D, 128E, 128F, 128H, 129, 130, 131, 132, 133, 134A, 134B, 135, 136A, 136B, 137A, 137B, 147, 148, 149A, 149B, 150A, 150B, 150C, 151, 152A, 152B, 153, 502, 503, 504, 505, 511A, 511B, 703, 704, 705A, 705B, 706A, 706B, 706C, 707 Tract: 0006.98 Block(s): 422A, 422B, 422C, 422D, 423A, 423B Tract: 0008. Block(s): 101A, 101B, 102A, 102B, 102C, 103A, 103B, 103C, 103D, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 117D, 117E, 118A, 118B, 118C, USD, 119A, 119B, 119C, 119D, 119E, 119F, 119G, 119H, 119J, 120A, 120C, 124A, 124B, 124D, 125, 126, 127, 128, 129, 130A, 130B, 130C, 130D, 130E, 131, 132, 133, 134, 135A, 135B, 135C, 135D, 135E, 136, 137, 138, 139, 140A, 1408, HOC, 141A, 141B, 142, 143, 144, 145, 146A, 146B, 401A, 401B, 401C, 401D, 401E, 402, 410A, 410B, 410C, 410D Tract: 0009. Block(s): 301A, 301B, 301C, 301D, 302, 303, 304, 305, 306A, 306B, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 317C, 318 VTD: 0003 3A VTD: 0004 4A VTD: 0006 6A VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE (Part) Tract: 0008.
3342
JOURNAL OF THE HOUSE,
Block(s): 120B, 120D, 121A, 121C, 122, 123B, 123C, 210, 211, 212, 213, 214, 227, 228, 301, 302A
VTD: 0018 TILTON
District: 6
MURRAY COUNTY FANNIN COUNTY
VTD: ZZZZ VTD's not defined (Part) Tract: 9501. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220B, 221, 222, 223, 224, 225, 226, 227, 229B, 230B, 231, 232B, 234B, 235B, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 263B Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 127C, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161A, 161B, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 220C, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 308A, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323A, 323B, 324, 325, 326, 327A, 327B, 328A, 328B, 329A, 329B, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575 Tract: 9503.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278
TUESDAY, MARCH 24, 1992
3343
Tract: 9504. Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117D, 118, 119, 120, 121, 122, 123, 142, 145B, 145C, 146B, 147, 148, 149, 150, 151, 152, 153, 154B, 155, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 2*32, 233, 234, 235, 236, 237, 238, 239, 240, 241B, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264B, 265, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 433B, 434B, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 450, 451
WHITFIELD COUNTY VTD: 0021 UPPER TENTH
District: 7
UNION COUNTY GILMER COUNTY FANNIN COUNTY
VTD: ZZZZ VTD's not defined (Part) Tract: 9501. Block(s): 101, 102, 103, 104, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 220A, 228A, 228B, 229A, 230A, 232A, 233, 234A, 235A, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258A, 258B, 259, 260A, 260B, 261, 262A, 262B, 263A, 264, 265, 266, 267A, 267B, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9504. Block(s): 105, 117A, 117B, 117C, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 143, 144, 145A, 146A, 154A, 156, 157, 158, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166, 167A, 167B, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 241A, 242A, 264A, 266, 267, 268, 301A, 301B, 302, 303, 304, 305, 306, 307A, 307B, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349A, 349B, 349C, 350A, 350B, 351, 352, 353, 354, 355, 356A, 356B, 357, 358A, 358B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 429B, 430A, 430B, 431, 432, 433A, 434A, 436, 448, 449, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186A, 186B, 187A,
3344
JOURNAL OF THE HOUSE,
187B, 188, 189, 190, 191, 201, 202, 203, 204A, 204B, 204C, 205, 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 216C, 217A, 217B, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 226, 227, 228, 229A, 229B, 230, 231A, 231B, 231C, 232, 233, 234, 235A, 235B, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 Tract: 9506.98 Block(s): 126A LUMPKIN COUNTY VTD: 0002 CANE CREEK, HIGHTOWER, AND NIMBLEWILL VTD: 0003 CHESTATEE VTD: 0015 YAHOOLA
District: 8
RABUN COUNTY TOWNS COUNTY LUMPKIN COUNTY
VTD: 0001 AURARIA AND DAHLONEGA VTD: 0004 CRUMBY AND PORTER SPRINGS VTD: 0007 FROGTOWN VTD: 0009 MARTINS FORD VTD: 0010 MILL CREEK VTD: 0013 SHOAL CREEK VTD: 0014 WAHOO WHITE COUNTY VTD: 0001 ROBERTSTOWN AND HELEN VTD: 0004 TESTANEE VTD: 0005 BLUE RIDGE VTD: 0006 TOWN CREEK VTD: 0011 SHOAL CREEK
District: 9
HABERSHAM COUNTY WHITE COUNTY
VTD: 0003 NACOOCHEE AND BLUE CREEK VTD: 0007 MT. VONAH VTD: 0009 WHITE CREEK VTD: 0010 MOSSY CREEK
District: 10
GORDON COUNTY
District: 11
CHATTOOGA COUNTY FLOYD COUNTY
VTD: 0001 ALTO PARK (Part) Tract: 0013. Block(s): 215C, 238, 242 Tract: 0014.
TUESDAY, MARCH 24, 1992
3345
Block(s): 102B, 107, 108, 113, 117, 125, 126, 127, 128, 129, 130, 131,
305, 341, 342, 343, 345A, 347A, 348, 349, 350, 351, 352, 353,
354 VTD: 0002 ARMUCHEE VTD: 0007 EVERETT SPRINGS VTD: 0008 FLOYD SPRINGS VTD: 0009 FOSTER'S MILL VTD: 0010 GARDEN LAKES AND GLENWOOD (Part)
Tract: 0002. Block(s): 101, 110, 111, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 133, 136, 137, 138, 139, 143, 144, 145, 146, 149, 150, 151, 152, 153A, 153B, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171
Tract: 0003. Block(s): 101, 102, 103, 104, 106, 108, 109, 113, 114, 115, 116, 117C, 117D, 128A, 128B, 129, 132, 133B, 134, 135, 335A, 335B, 336, 337, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356
VTD: 0014 LIVINGSTON VTD: 0016 NORTH CAROLINA (Part)
Tract: 0003. Block(s): 325, 326, 327, 328, 329, 330, 331, 332, 333, 334
Tract: 0014. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 344, 345B, 346, 347B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556
VTD: 0020 TEXAS VALLEY WALKER COUNTY
VTD: 0004 WILSON
District: 12
FLOYD COUNTY VTD: 0001 ALTO PARK (Part) Tract: 0012. Block(s): 221C, 223, 224B, 226C, 226D, 226E, 226F, 226G, 227, 228, 229, 230B, 231, 232B, 234B, 235, 236B, 238 Tract: 0013. Block(s): 123A, 123B, 123D, 123E, 124C, 126B, 127B, 128A, 128C, 128D, 131B, 131C, 132A, 132F, 132G, 132H, 133, 135B, 224, 231, 235, 236, 237, 239, 240, 241, 243 Tract: 0014. Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 101G, 101H, 101J, 101K, 103, 104, 105, 106, 109A, 109B, 109C, 109D, 109E, 109F, 109G, 110A, HOB, 111A, 111B, 111C, HID, HIE, 112A, 112B, 112C, 114, 115, 116, 118, 119, 120A, 120B, 120C, 121, 122, 123, 124, 303 VTD: 0006 ETOWAH (Part)
3346
JOURNAL OF THE HOUSE,
Tract: 0008. Block(s): 103, 105, 111C, 120C, 120D, 120E, 139B, 155B, 211E, 218B, 223B, 224
VTD: 0010 GARDEN LAKES AND GLENWOOD (Part) Tract: 0002.
Block(s): 132, 134, 135, 147B, 147D Tract: 0003.
Block(s): 105A, 105B, 107, 110A, HOB, HOC, HOD, HOE, 111A, 111B, 111C, HID, 112A, 112B, 112C, 112D, 117A, 117E, 118A, 118B, 119A, 119B, 119C, 120A, 120B, 121A, 121B, 121C, 121D, 121E, 121F, 121G, 121H, 121J, 121K, 121L, 121M, 121N, 121P, 122A, 122B, 122C, 122D, 123A, 123B, 123C, 123D, 124A, 124B, 124C, 124D, 124E, 125A, 125B, 125C, 125D, 125E, 125F, 126A, 126B, 126C, 127A, 127B, 130A, 130B
Tract: 0004. Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 101G, 102A, 102B, 102C, 102D, 102E, 102F, 102G, 102H, 102J, 102K, 102L, 102M, 102N, 102P, 103A, 103B, 104A, 104B, 104C, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 108C, 108D, 108E, 109A, 109B, 109C, 111A, 111B, 111C, HID, 112, 113, 114A, 114B, 115A, 115B, 115C, 115D, 115E, 115F, 115G, 116A, 116B, 117A, 117B, 117C, 117D, 117E, H7F, 117G, 117H, 117J, 118A, 118B, 118C, 118D, 118E, 118F, 119A, 119B, 119C, 119D, 119E, 120A, 120B, 120C, 120D, 120E, 120F, 120G, 122A, 122B, 122C, 122D, 123A, 123B, 124, 127A, 127B, 128A, 128B, 129, 130A, 130B, 144, 145, 146
VTD: 0015 MOUNT ALTO ONE VTD: 0016 NORTH CAROLINA (Part)
Tract: 0014.
Block(s): 301, 302, 304
VTD: 0017 NORTH ROME (Part) Tract: 0006.
Block(s): 143, 144, 145, 147, 152, 153, 154, 157A, 201A, 202, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 253A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414
Tract: 0008.
Block(s): 104, 106, 107, 108, 109, 110A, HOB, 111A, 111B, 112A, 112B, 112C, 112D, 113, 114, 115, 116, 117, 118A, 118B, 119, 120A, 120B, 120F, 120G, 120H, 120J, 130, 132, 134, 135, 136, 138A, 139A, 142, 143, 144, 146, 147, 148, 149, 150, 152, 155A, 201, 202, 203, 204, 205, 207, 208, 209, 210, 211A, 211B, 212, 213, 215, 218A, 220, 223A, 225, 229A, 230, 231
VTD: 0019 SOUTH ROME VTD: 0021 TOWN ROME
VTD: 0024 WEST LINDALE (Part) Tract: 0015.
Block(s): 166A, 166B Tract: 0016.
TUESDAY, MARCH 24, 1992
3347
Block(s): 304A, 304B, 304C, 305A, 305B, 305C, 314B, 315B, 316B, 317B, 318B, 319B, 320A, 320B, 321A, 321B, 322A, 322C, 323A, 323B, 324, 325, 326A, 326B, 333B
Tract: 0018. Block(s): 101A, 103A, 122A, 123A, 154A, 202B, 240
Tract: 0019. Block(s): 101A, 101B, 101C, 116C
VTD: 0025 EAST ROME VTD: 0026 EAST LINDALE (Part)
Tract: 0009. Block(s): 151C, 155B
Tract: 0016. Block(s): 206C, 211B, 228, 229, 230C, 301, 302B
Tract: 0017. Block(s): 105H, 108D, 108E, 109E, 109F, 110, 115, 116B, 120D, 120E, 120F, 121B, 122B, 125
Tract: 0018. Block(s): 153, 210
VTD: 0035 MOUNT ALTO TWO
District: 13
BARTOW COUNTY VTD: 0001 ADAIRSVILLE VTD: 0004 CASSVILLE (Part) Tract: 9601. Block(s): 224, 225, 226, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 Tract: 9602.
Block(s): 146, 147, 148 Tract: 9604.
Block(s): 208, 234A, 234B, 301, 302, 303, 304, 305, 306, 307, 308 VTD: 0008 SIXTH FLOYD COUNTY VTD: 0003 BARKER'S VTD: 0004 CAVE SPRINGS VTD: 0005 CHULIO VTD: 0006 ETOWAH (Part)
Tract: 0001.98 Block(s): 176, 177, 178
Tract: 0007. Block(s): 101, 103, 123, 124, 125, 127, 129, 130, 131, 132, 133, 134, 137, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 233
Tract: 0008. Block(s): 101A, 101B, 102, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 133, 137, 138B, 140, 141, 145, 151, 206, 211C, 211D, 214, 216, 217, 219, 221, 222, 226, 227, 228, 229B, 232, 233
Tract: 0021.97 Block(s): 250B, 255C
VTD: 0010 GARDEN LAKES AND GLENWOOD (Part) Tract: 0002. Block(s): 147A, 147C, 148, 172
VTD: 0013 HOWELL VTD: 0017 NORTH ROME (Part)
Tract: 0006.
3348
JOURNAL OF THE HOUSE,
Block(s): 101A, 101B, 101C, 103A, 123, 128, 132, 133A, 134A, 135A,
136, 138A, 138B, 139, 148A, 149A, 150, 151, 155A, 156A,
156B Tract: 0007.
Block(s): 135A VTD: 0018 RIVERSIDE (Part)
Tract: 0006. Block(s): 101D, 101E, 101F, 101G, 101H, 101J, 101K, 101L, 102, 103B, 103C, 104A, 104B, 104C, 105A, 105B, 106A, 106B, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 124, 125, 126, 127, 129, 130, 131, 133B, 134B, 135B, 135C, 135D, 137, 138C, 138D, 138E, 140, 141, 142, 146, 148B, 148C, 149B, 155B, 156C, 157B, 158, 201B, 203B, 252B, 253B, 254
Tract: 0007. Block(s): 105, 106, 107, 113, 114, 118, 120, 122, 126, 128, 135B
VTD: 0022 VANN'S VALLEY VTD: 0023 WATTERS VTD: 0024 WEST LINDALE (Part)
Tract: 0017. Block(s): 217, 220, 231, 232, 233, 234, 235, 241, 242, 243, 246, 247, 248, 249, 250
Tract: 0018. Block(s): 104A, 104B, 105A, 106, 107, 108, 109A, 110, 111A, 113, 115B, 116, 117, 118, 119, 120, 121, 122C, 123D, 124A, 124B, 125A, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 148, 149, 150, 155, 156, 157, 201A, 201B, 202A, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 229B, 229C, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256
Tract: 0019. Block(s): 116A, 116B, 129, 130
VTD: 0026 EAST LINDALE (Part) Tract: 0009. Block(s): 149B, 150, 157, 203, 204, 205, 206, 207, 208, 209, 210B Tract: 0016. Block(s): 209, 213 Tract: 0017. Block(s): 105G, 119, 120C, 123, 124, 126, 127, 128, 129, 130, 131, 135, 136, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 221, 224, 227, 229, 230, 236, 237, 238, 240, 251, 252, 253, 254 Tract: 0018. Block(s): 143, 151, 152
District: 14
BARTOW COUNTY VTD: 0002 ALLATOONA VTD: 0003 CARTERSVILLE VTD: 0004 CASSVILLE (Part) Tract: 9601. Block(s): 223, 227
Tract: 9604. Block(s): 208, 209, 210, 228, 229, 230, 231,
232A, 232B, 233
TUESDAY, MARCH 24, 1992
3349
Tract: 9605. Block(s): 301, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332
VTD: 0005 CENTER VTD: 0006 EMERSON VTD: 0011 PINE LOG AND WOLF PEN VTD: 0012 STAMP CREEK
District: 15
PICKENS COUNTY CHEROKEE COUNTY
VTD: 0001 BALLGROUND VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0008 HARBINS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET (Part)
Tract: 0908. Block(s): 201, 202, 203, 204, 205, 206, 207
VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0013 SALICOA
District: 16
CHEROKEE COUNTY VTD: 0003 CANTON VTD: 0010 LICK SKILLET (Part) Tract: 0908. Block(s): 208, 209, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516 Tract: 0909.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303, 304, 305 Tract: 0909.02 Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 401, 402, 403, 404, 405 VTD: 0015 WILDCAT
District: 17
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0007 FAIR PLAY VTD: 0016 WOODSTOCK
District: 18
HARALSON COUNTY PAULDING COUNTY
VTD: 0002 HERSHEL JONES JR. HS (Part)
3350
JOURNAL OF THE HOUSE,
Tract: 1203. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311B, 313, 315B, 316B, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329C, 330C, 330D, 331, 340D, 364, 365, 373, 374, 375
Tract: 1204. Block(s): 121, 123, 126, 127, 128, 129, 130, 131
VTD: 0007 NEW GA. RURITAN BALL FLD (Part) Tract: 1204. Block(s): 363 Tract: 1206.98 Block(s): 325, 326, 327, 328, 339, 340, 344, 345, 346, 347, 348, 349, 350, 351, 423
VTD: 0008 UNION ELEMENTARY SCHOOL VTD: 0009 YORKVILLE ELEM. SCHOOL VTD: 0010 BURNT HICKORY FS POLK COUNTY VTD: 0002 BLOOMING GROVE (Part)
Tract: 9903. Block(s): 322, 323, 324, 325, 326, 327, 328, 332, 333, 334, 335, 336, 337, 338, 369, 370
Tract: 9904. Block(s): 147, 148, 149, 150, 151, 414, 415, 416, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450
VTD: 0003 BROWNING AND ROCKMART (Part) Tract: 9906. Block(s): 450, 451, 452, 453, 454, 455, 456, 457, 458, 459 Tract: 9907. Block(s): 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554
VTD: 0005 ESOM HILL (Part) Tract: 9903. Block(s): 184, 185, 186, 187A, 188, 197, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 329, 330, 331, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 371, 372, 373, 374, 375, 376, 377, 378, 379
VTD: 0008 YOUNGS (Part) Tract: 9904.
Block(s): 506, 507, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532,
533, 534, 535, 536, 537, 538, 539, 540,
541, 542, 543, 544, 545, 546, 547, 548,
549, 550, 551, 552, 553, 554, 555, 556,
557, 558, 559, 560, 561, 562, 563, 564,
565, 566, 567, 568, 569, 570, 571, 572,
TUESDAY, MARCH 24, 1992
3351
573, 574 Tract: 9905.
Block(s): 520, 521, 523, 524, 525, 648 VTD: 0009 ANTIOCH (Part)
Tract: 9904. Block(s): 502, 503, 504, 505, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 575, 576
Tract: 9905. Block(s): 623, 624, 625, 638, 640, 642, 643, 644, 645, 646, 647
Tract: 9906. Block(s): 442, 443, 444, 445, 446, 447, 448, 449, 460, 461, 462
VTD: 0011 PRIOR STATION (Part) Tract: 9902. Block(s): 135, 136, 137, 138, 139 Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 187B, 189, 190, 191, 192, 193, 194, 195, 196, 201, 202, 203, 204, 206, 212, 213, 214, 215, 216, 217, 220, 305, 306, 307
District: 19
DAWSON COUNTY HALL COUNTY
VTD: 0001 WILSON (Part) Tract: 0010. Block(s): 401A, 402, 403, 404, 405A, 405B, 405C, 410A, 410B, 410C, 410D, 411A, 411B, 411C, 411D, 411E, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430
VTD: 0011 CLERMONT VTD: 0012 QUILLIANS VTD: 0013 BARK CAMP VTD: 0014 FORK VTD: 0015 WHELCHEL VTD: 0016 WEST WELCHEL
District: 20
HALL COUNTY VTD: 0001 WILSON (Part) Tract: 0010. Block(s): 401B, 501A, 501B, 501C, 501D, 501F, 502A, 502B, 503, 504, 508A, 508B, 508C, 508D, 508E, 508F, 508G, 509A, 509B, 510A, 510B, 511A, 511B, 511C, 511D, 511E,
3352
JOURNAL OF THE HOUSE,
512A, 512B, 513, 514, 515, 516A, 516B, 601A, 601B, 602A, 602B, 603, 604, 605A, 605B, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635A, 635B, 636A, 636B, 637A, 637B, 638, 639, 640, 641, 642, 643 Tract: 0014. Block(s): 102, 103A, 103B, 104A, 104B, 120A, 120B, 123A, 123B, 125A, 125B, 126 VTD: 0009 GLADE VTD: 0010 LULA VTD: 0017 GAINESVILLE I VTD: 0018 GAINESVILLE II VTD: 0019 GAINESVILLE III VTD: 0020 GAINESVILLE VI VTD: 0021 RIVERBEND VTD: 0023 NEW HOLLAND
District: 21
HALL COUNTY VTD: 0002 CHICOPEE VTD: 0003 OAKWOOD VTD: 0004 FLOWERY BRANCH VTD: 0005 ROBERTS VTD: 0006 MORGAN (Part) Tract: 0013. Block(s): 202A, 202B, 203A, 203B, 203C, 203D, 204, 205, 206A, 206B, 208A, 208B, 209A, 209B, 209C, 210A, 210B, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423 Tract: 0014. Block(s): 427, 508A, 508B, 508C, 508D, 512, 520, 521, 522, 523, 524, 525 Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 118, 119, 120, 121, 122, 123, 124, 125, 126, 129, 130 VTD: 0007 CANDLER VTD: 0008 TADMORE VTD: 0022 GAINSVILLE MILL VTD: 0024 GILLSVILLE VTD: 0025 OAKWOOD II
District: 22
STEPHENS COUNTY BANKS COUNTY FRANKLIN COUNTY
VTD: 0003 GUM LOG
TUESDAY, MARCH 24, 1992
3353
District: 23
HART COUNTY FRANKLIN COUNTY
VTD: 0001 CARNESVILLE VTD: 0002 WELBORN VTD: 0004 LAVONIA VTD: 0005 CANON VTD: 0006 ROYSTON VTD: 0007 MIDDLE RIVER VTD: 0008 DOOLEYS VTD: 0009 GUNNELLS VTD: 0010 ASHLAND VTD: 0011 STRANGES VTD: 0012 FLINTSVILLE VTD: 0013 RED HILL
District: 24
MADISON COUNTY CLARKE COUNTY
VTD: 001A PRECINCT 216-1A (Part) Tract: 0014.02 Block(s): 720A
VTD: 0217 PRECINCT 0217 (Part) Tract: 0015.01 Block(s): 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 516, 517, 518, 519, 520 Tract: 0015.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 217
VTD: 0218 PRECINCT 0218 (Part) Tract: 0015.01 Block(s): 106, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 514, 515 Tract: 0015.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 201, 218, 219, 220, 221
VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 107 Tract: 0014.01 Block(s): 111, 112, 113, 114, 115, 117, 118, 144 Tract: 0014.02 Block(s): 201A, 203, 204, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 306, 307, 308, 404, 406, 407, 408, 414, 415, 416, 417
VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 101, 102, 103, 104A, 104B, 105, 106A, 106B, 107, 108, 109, 110A, HOB, 111, 112, 113, 114, 115, 116, 118, 119, 201B, 202, 205, 206, 207, 216, 409, 410, 412, 418B, 419B, 501, 502, 503A, 503B, 504A, 504B, 505, 506A, 506B, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 601, 602, 603, 604, 608, 609, 612, 613, 614, 616, 617, 618
VTD: 1899 PRECINCT 1899 (Part) Tract: 0014.02 Block(s): 605, 606, 607, 610, 611, 615, 707, 708, 711, 720B, 722, 723B, 726, 727, 728, 729, 731, 732
3354
JOURNAL OF THE HOUSE,
Tract: 0015.01 Block(s): 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117
District: 25
JACKSON COUNTY GWINNETT COUNTY
VTD: 0017 1564 (Part) Tract: 0506.02 Block(s): 309A, 310A, 311A, 324A, 325A, 326, 327, 328, 329, 330, 331, 332A, 336, 337, 338, 339, 340A, 340B, 341A, 341B, 342, 343, 344, 415, 416, 417, 418, 419A, 419B, 419C, 420, 421, 422, 423, 424, 425, 426, 427, 428A, 428B
VTD: 0020 1749 VTD: 0027 444B (Part)
Tract: 0506.01 Block(s): 163, 168
Tract: 0506.02 Block(s): 303, 304, 306, 307, 308, 309B, 332B
VTD: 0044 1397 (Part) Tract: 0506.01 Block(s): 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 232, 233, 234
VTD: 0046 1587 HALL COUNTY
VTD: 0006 MORGAN (Part) Tract: 0016. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 133
District: 26
PAULDING COUNTY VTD: 0001 PAULDING COUNTY HS (Part) Tract: 1203. Block(s): 132, 133, 134, 135, 141, 142, 143A, 143B, 143C, 144A, 144B, 144C, 207,
208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226A, 226B, 226C, 226D, 227,
228, 229, 230, 231, 232, 233, 234, 235, 334, 335, 336, 337A, 337B, 337C, 341,
342A, 342B, 342C, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351A, 351B,
352A, 352B, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 366, 367, 368, 369, 370, 371, 372, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417,
418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431
Tract: 1204. Block(s): 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 254, 255
Tract: 1205. Block(s): 205, 206, 207, 208, 210, 212, 239,
TUESDAY, MARCH 24, 1992
3355
240, 241 VTD: 0002 HERSHEL JONES JR. HS (Part)
Tract: 1201. Block(s): 270, 271, 272, 273, 274, 275, 276
Tract: 1203. Block(s): 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111, 112, 113A, 113B, 113C, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 136, 137, 138, 139A, 139B, 140, 145, 201, 202, 203, 204, 205, 206, 311A, 312, 314, 315A, 316A, 317, 318, 319, 329A, 329B, 330A, 330B, 332, 333, 338A, 338B, 338C, 339A, 339B, 340A, 340B, 340C
VTD: 0003 W.C. ABNEY SCHOOL (Part) Tract: 1201. Block(s): 101, 102, 103, 104A, 126, 127, 130, 131, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 201, 202, 203, 204, 205, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 277, 278, 279, 280, 281, 282, 283, 284, 285
VTD: 0004 MCGARITY ELEM. SCHOOL VTD: 0005 HIRAM FIRE STATION VTD: 0006 P.B. RITCH JR. HS VTD: 0007 NEW GA. RURITAN BALL FLD (Part)
Tract: 1204. Block(s): 301, 302, 303, 304, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 364, 365
Tract: 1205. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411
Tract: 1206.98 Block(s): 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 329, 330, 331, 332, 335, 336, 337, 338, 341, 342, 343, 355, 356
District: 27
BARTOW COUNTY VTD: 0004 CASSVILLE (Part) Tract: 9602. Block(s): 542 Tract: 9603.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 148, 161, 162, 163, 164, 165, 166, 167, 168, 201, 202, 203, 204, 205, 211, 212, 221, 222 Tract: 9604. Block(s): 309, 310, 311, 312, 313, 314, 315,
3356
JOURNAL OF THE HOUSE,
316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 501, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B, 513C, 513D, 513E, 514A, 514B, 514C, 515A, 515B, 515C, 515D, 515E, 515F Tract: 9605. Block(s): 302, 401 VTD: 0007 EUHARLEE VTD: 0009 IRON HILL AND TAYLORSVILLE
VTD: 0010 KINGSTON POLK COUNTY
VTD: 0001 ARAGON VTD: 0002 BLOOMING GROVE (Part)
Tract: 9904. Block(s): 112B, 113B, 129B, 130B, 131B, 134B, 134C, 134D, 134E, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 302B, 304B, 305B, 306B, 307B, 308, 309, 310, 311, 312, 313B, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 404, 405, 413, 417
VTD: 0003 BROWNING AND ROCKMART (Part) Tract: 9906. Block(s): 105A, 107A, 108, 109, 110, 111, 112, 126, 127, 128, 129, 130A, 130B, 131A, 131B, 131C, 131D, 131E, 132A, 132B, 133, 134, 135, 136A, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 210A, 210B, 211, 224, 228, 229, 230A, 230B, 231A, 231B, 231C, 232, 233A, 233B, 234, 237, 238, 239, 301, 302, 303, 304A, 304B, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 317A, 317B, 318, 319, 320A, 320B, 321, 322, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 441, 463, 464, 465, 466 Tract: 9907. Block(s): 104A, 104B, 105A, 105B, 105C, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121A, 121B, 121C, 122, 123A, 123B, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310,
311, 312, 313, 314, 315, 316, 317, 318,
319, 320, 321, 322, 323, 324, 325, 326,
327, 328, 329, 330, 331, 332, 333, 334,
335, 336, 337A, 337B, 337C, 338, 339, 340,
341, 342, 343, 344, 345, 346, 347A, 347B,
TUESDAY, MARCH 24, 1992
3357
347C, 348, 349A, 349B, 350A, 350B, 351, 352, 401A, 401B, 402, 403A, 403B, 404A, 404B, 404C, 405A, 405B, 406, 407A, 407B, 407C, 408, 409, 410, 411, 412, 413, 414, 415, 416A, 416B, 417, 418A, 418B, 419, 420A, 420B, 421A, 421B, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431A, 431B, 501A, 501B, 501C, 501D, 501E, 501F, 502A, 502B, 503A, 503B, 504A, 504B, 505, 506, 507, 508, 509A, 509B, 510A, 510B, 511A, 511B, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522A, 522B, 522C, 523A, 523B, 524A, 524B, 525A, 525B, 525C, 525D, 526A, 526B, 526C, 527, 528A, 528B, 529A, 529B, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541 VTD: 0004 CEDARTOWN VTD: 0006 LAKE CREEK VTD: 0008 YOUNGS (Part) Tract: 9904. Block(s): 326A, 326B, 327, 401, 402, 403, 406, 407, 408, 409, 410, 411, 412 Tract: 9905. Block(s): 502, 503D, 503E, 504B, 506B, 512B, 513B, 514, 515B, 516A, 516B, 517, 518, 519 VTD: 0009 ANTIOCH (Part) Tract: 9904. Block(s): 501 Tract: 9905. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422B, 423B, 424, 432B, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 501, 522, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 626, 627, 628, 629, 630, 631, 636, 637, 639, 641 VTD: 0010 FISH CREEK VTD: 0011 PRIOR STATION (Part) Tract: 9903. Block(s): 205, 207, 208, 209B, 210, 211, 218, 219, 221D, 222B, 223B, 236B, 237B, 238, 239B, 303B, 304B
District: 28
FORSYTH COUNTY VTD: 0002 BRANDYWINE VTD: 0003 CHATTAHOOCHE VTD: 0004 CHESTATEE VTD: 0005 COAL MOUNTAIN VTD: 0006 CROSSROADS VTD: 0007 CUMMINGS VTD: 0009 MATT VTD: 0010 MIDWAY VTD: 0011 SAWNES
3358
JOURNAL OF THE HOUSE,
District: 29
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0017 DOBBINS 1 (Part) Tract: 0311.03 Block(s): 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0055 MABLETON 4 (Part) Tract: 0312.02 Block(s): 610B, 611A Tract: 0313.01 Block(s): 155A, 210, 214, 215, 216, 217, 218, 233, 234, 235, 901B, 902, 903, 904, 905C, 906, 907, 908, 911, 912, 913 VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 107B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136B, 136C, 137B, 139B, 602, 603, 604, 615, 621, 623 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 (Part) Tract: 0311.03 Block(s): 205G, 205H, 205J, 209C Tract: 0312.02 Block(s): 426, 427, 428, 436B, 436C, 505 Tract: 0312.04 Block(s): 501B, 504B, 504C, 504D, 505, 506B, 507B, 508, 513, 514, 515, 516C, 516D, 518B, 519C, 520, 521, 528, 529, 530B, 531B, 532 VTD: 0074 OAKDALE 2 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 (Part) Tract: 0310.01 Block(s): 910D, 925A, 926 Tract: 0311.01 Block(s): 202, 204, 205, 206, 207, 208, 209 Tract: 0311.03 Block(s): 112, 113, 114, 115, 121, 128 Tract: 0311.08
Block(s): 101, 102B, 102C, 102D, 103A, 104, 105, 106A, 107A, 201A, 202A, 203, 204A, 205A, 206, 207, 208, 209A, 210, 211, 212, 213, 214, 215A, 313A, 314A, 315, 320A, 321A, 401A, 401B, 401C, 402, 405B, 409A, 410, 411A, 412
Tract: 0311.09
Block(s): 101B, 503B VTD: 0098 SMYRNA 4
TUESDAY, MARCH 24, 1992
3359
VTD: 0099 SMYRNA 5 VTD: OOA2 SMYRNA 7
District: 30
COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 (Part) Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, 110F VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 301, 302, 303, 304, 401C, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407E Tract: 0304.06 Block(s): 601, 602C, 603, 701B, 702, 703, 801B VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 919A Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.05 Block(s): 402A, 701A, 704A, 802 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 401B, 406A, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A VTD: 0095 SMYRNA 1 VTD: 0097 SMYRNA 3 (Part) Tract: 0311.03 Block(s): HOC VTD: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3
District: 31
COBB COUNTY VTD: 0021 EASTSIDE VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407A, 407D, 407F, 407G, 409 Tract: 0304.06 Block(s): 801C VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A
3360
JOURNAL OF THE HOUSE,
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 407B, 408
VTD: 0067 MT. BETHEL 1 VTD: 0069 MT. BETHEL 3 VTD: 0079 PARKAIRE VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B
Tract: 0304.02 Block(s): 122, 127
VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3
District: 32
COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.07 Block(s): 105, 108B, 109, 114B VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.05 Block(s): 918 Tract: 0302.07 Block(s): 104B VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A VTD: 0018 DOBBINS 2 VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, 501E, 502B, 506B, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 71 IB, 711C, 711D, 712, 713B, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02
TUESDAY, MARCH 24, 1992
3361
Block(s): 201B, 202C VTD: 0025 ELIZABETH 4 (Part)
Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319
Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B
VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0308. Block(s): 206B
VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 205B, 401D, 601B
VTD: 0057 MARIETTA 1 VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part)
Tract: 0302.07 Block(s): 108A, 113D, 114A, 115B
Tract: 0305.01 Block(s): 908A
Tract: 0305.02 Block(s): 602
Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G, 901A, 901B, 902A, 903, 917A, 917B, 917C, 917D, 919
Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519
VTD: 0061 MARIETTA 5 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.04 Block(s): 301A, 302
Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 601 A, 602A, 603A, 603B, 801, 803
Tract: 0305.02
Block(s): 112A, 114B, 305B, 317A, 318A
Tract: 0305.03
Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 502A, 601, 602, 603, 604
Tract: 0307.
3362
JOURNAL OF THE HOUSE,
Block(s): 106, 107, 109, 201 VTD: 0063 MARIETTA 7 (Part)
Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801
Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809
VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0305.03 Block(s): 205C, 419B, 419C
District: 33
COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 (Part) Tract: 0313.01 Block(s): 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 327, 329, 331, 332, 333, 334, 335, 336 Tract: 0314.04 Block(s): 501A, 502, 503 VTD: 0053 MABLETON 2 (Part) Tract: 0313.01 Block(s): 319, 320, 321, 322, 323, 324, 338, 339 Tract: 0313.04 Block(s): 310, 311, 313, 315, 316, 317, 326, 327, 401, 402, 411, 412, 413, 414, 415, 423 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 (Part) Tract: 0313.01 Block(s): 206, 207, 208, 209, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 450, 451 VTD: 0070 MT. HARMONY VTD: 0080 PEBBLEBROOK VTD: OOA8 SWEETWATER 3 (Part) Tract: 0314.03 Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114 Tract: 0314.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406 VTD: OOC2 BIRNEY 2
District: 34
COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.04 Block(s): 534C, 534D Tract: 0302.05 Block(s): 913C, 913D Tract: 0302.06
TUESDAY, MARCH 24, 1992
3363
Block(s): 236, 239, 240, 242, 701, 702, 703 Tract: 0302.07
Block(s): 101C, 101D, 101E, 106, 107, 110, 111, 112, 113A, 113E, 115C, 201D, 201E, 202, 701, 702, 703, 704, 705, 706
VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 526E, 535B Tract: 0302.05 Block(s): 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912B, 914B, 915B, 916B, 917B Tract: 0302.07 Block(s): 103C, 103D
VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0050 KENNESAW 2 (Part)
Tract: 0302.04 Block(s): 307, 319, 533, 534A, 534B
Tract: 0302.05 Block(s): 912A, 913A, 913B, 914A, 915A, 916A, 917A
Tract: 0302.07 Block(s): 101A, 101B, 102, 103A, 103B, 104A, 201A, 201B, 201C
VTD: 0051 LOST MOUNTAIN VTD: 0060 MARIETTA 4 (Part)
Tract: 0302.07 Block(s): 113B, 113C, 115A, 801A, 802A
Tract: 0306. Block(s): 904, 905
Tract: 0309.01 Block(s): 301A, 302, 303, 304
VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part)
Tract: 0309.01 Block(s): 101B, 301B, 301C, 401C, 501B, 502, 503, 601E, 601L, 601M, 603B, 604B, 701B, 701D
Tract: 0309.03 Block(s): 401B, 401C, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613
Tract: 0310.02 Block(s): 211, 212, 224C, 225B, 226, 227, 228
VTD: 0078 OREGON 4 VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 115D, 801B, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826
VTD: OOCl OREGON 5
District: 35
COBB COUNTY VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 121B, 122B VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3
3364
JOURNAL OF THE HOUSE,
VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C
Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D
Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A
VTD: 0058 MARIETTA 2A VTD: 0060 MARIETTA 4 (Part)
Tract: 0302.07 Block(s): 823A
VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 601, 620, 624, 625
VTD: 0077 OREGON 3 (Part) Tract: 0309.01 Block(s): 401B, 601F, 601G, 601H, 601J, 601K, 701C, 703B Tract: 0309.03 Block(s): 302B, 302C, 302D, 302E, 302F, 305, 306, 401D
VTD: OOA1 SMYRNA 6 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 823B
VTD: OOB9 MARIETTA 2B
District: 36
COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0052 MABLETON 1 (Part) Tract: 0314.04 Block(s): 504, 505B, 506, 507, 508, 509, 510B, 601, 602B, 603, 604, 605C, 606, 607, 608, 609C, 610B, 611B, 612B, 612C, 612D Tract: 0314.98 Block(s): 301C VTD: 0053 MABLETON 2 (Part) Tract: 0313.01 Block(s): 310C, 310D, 325, 326, 328B, 328C, 328D, 330B, 337B, 337C, 337D, 337E, 341 Tract: 0313.04 Block(s): 403, 404, 405, 406, 407, 408, 409, 410, 421A, 501B, 501C, 501D, 501E, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 515B, 516 Tract: 0314.04 Block(s): 501B, 51 IB Tract: 0314.98 Block(s): 417B, 417C, 418E, 418F, 418G, 418H VTD: 0056 MACLAND VTD: 0076 OREGON 2 VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 (Part)
TUESDAY, MARCH 24, 1992
3365
Tract: 0314.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108C, 109
District: 37
COBB COUNTY VTD: 0010 BISHOP LAKE VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 401, 402B, 404, 405, 406B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 906A, 907A, 920A, 920D Tract: 0305.03 Block(s): 402A, 403, 406A, 501A, 502B, 503A VTD: 0068 MT. BETHEL 2 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0304.01 Block(s): 203, 204, 205, 206, 207, 208, 920E Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
District: 38
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.06 Block(s): 210, 211C, 211D, 211E, 231B, 233B, 234B, 237B, 238, 241 VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 101, 104, 107, 108, 211B, 212, 501B, 513B, 526D, 527B, 527C, 528B, 529, 530B, 531B Tract: 0302.05 Block(s): 603B, 604, 609B, 610, 612B, 619B, 620B, 621 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 (Part) Tract: 0302.04 Block(s): 302, 303, 304, 305, 308, 309, 310, 311, 312, 317, 318 Tract: 0302.06 Block(s): 201A, 202, 203, 207A, 211A, 211B, 212, 213, 214A, 214B, 214C, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 232, 233A,
3366
JOURNAL OF THE HOUSE,
234A, 235, 237A VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0090 RED ROCK
District: 39
COBB COUNTY VTD: 0005 BELLS FERRY 3 (Part) Tract: 0303.10 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 801, 802, 803, 804, 805, 806 VTD: 0038 GARRISON MILL VTD: 0045 GRITTERS 7 VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0087 POST OAK 8 VTD: OOB3 GRITTERS 8 VTD: OOB5 GRITTERS 10
District: 40
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 (Part) Tract: 0303.10 Block(s): 201, 202, 203, 204, 205, 206, 301, 302, 401, 402, 403, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717 Tract: 0303.13 Block(s): 603, 604 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 309, 310, 311, 409, 601B VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306 VTD: 0039 GRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0044 GRITTERS 6 VTD: 0062 MARIETTA 6 (Part) Tract: 0305.03 Block(s): 302A VTD: OOB4 GRITTERS 11 VTD: OOB7 GRITTERS 9
TUESDAY, MARCH 24, 1992
3367
District: 41
FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0116.01 Block(s): 202A, 302A, 303A, 305A, 305B, 503A, 504A, 618D, 620D Tract: 0116.02 Block(s): 301, 302, 303, 304A, 401A, 401B, 401C, 401D, 401E, 402, 403, 404, 501, 502A, 503, 504, 505, 506A, 506B, 507, 601A, 601B, 601C, 602, 603A, 709A, 901A, 901B, 902A, 903A, 904, 905, 906, 907A, 907B, 910A, 911A, 912A, 913A, 914A, 914B, 916A VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NC03 VTD: OOP2 NC04 (Part) Tract: 0116.02 Block(s): 304B, 304C, 304D, 401F, 401G, 401H, 401J, 401K, 702. 703, 709B, 901C, 902B, 903B, 907C, 907D, 908, 909, 910B, 911B, 912B, 913B, 913C, 913D, 913E, 914C, 915, 916B, 917 Tract: 0116.03 Block(s): 101, 102, 103, 104, 201, 202, 902, 903 VTD: OOPS NC05 VTD: OOP6 NCOS (Part) Tract: 0115. Block(s): 503C, 507, 508, 509, 512, 515B, 515C, 516C, 516D, 601, 602, 603, 604, 605C, 605D, 652C, 654, 701B VTD: OOR9 RW07 (Part) Tract: 0116.01 Block(s): 617, 618B, 619, 620B VTD: 00X3 AP02 (Part) Tract: 0114.04 Block(s): 501A, 601, 602A, 602B, 604, 702A Tract: 0115. Block(s): 409A, 410, 411A, 411B, 411C, 411H, 412A Tract: 0116.01 Block(s): 101A, 101B, 102A, 103A, 104A, 105A, 106, 107, 108A, 108G, 109A, 110A, HOB, HOC, HOD, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 304A, 403A, 403B, 403C, 403D, 404A, 405A, 405B, 407, 408A, 409, 410, 505A, 506, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 610D, 610E, 611A, 612A, 613A, 614A, 615A, 615G, 616A, 618A, 618C, 620A, 620E, 620F, 621A, 622, 623, 624, 625, 626
District: 42
FULTON COUNTY VTD: OON7 MP01 VTD: OOP6 NCOS (Part) Tract: 0115. Block(s): 503B, 645B, 708, 709B, 709C VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 (Part) Tract: 0114.11 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 115, 116, 117A, 119, 120, 201, 202, 301, 302A, 401A, 402A, 501A, 601, 602, 603, 604, 605, 606, 607, 608, 609
3368
JOURNAL OF THE HOUSE,
VTD: OOR7 RW05 VTD: OOR9 RW07 (Part)
Tract: 0114.03 Block(s): 501, 502, 503, 504, 505
Tract: 0114.04 Block(s): 301, 302, 401A, 401B, 402, 501B, 602E, 608, 609, 610, 701, 702B
Tract: 0114.07 Block(s): 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511
Tract: 0116.01 Block(s): HOE, 110F, 610B, 611B, 613B, 614B, 615B, 615C, 615D, 615E, 615F, 616B, 616C, 616E, 620C
VTD: 00X3 AP02 (Part) Tract: 0116.01 Block(s): HOG
VTD: OOY2 RW09
District: 43
FULTON COUNTY VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV1 SS04 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOW3 SS15 VTD: OOW4 SS16 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22
District: 44
FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0114.08 Block(s): 201A, 202, 203A, 501A, 501B, 501C, 601A, 602A Tract: 0116.01 Block(s): 701, 702, 703, 704 Tract: 0116.02 Block(s): 704A, 704B, 705A, 705B, 706, 707A, 708A, 918A VTD: OOP2 NC04 (Part) Tract: 0116.02 Block(s): 701, 704C, 705C, 707B, 710, 918B, 918C, 918D, 918E VTD: OOP4 NC06 VTD: OOP5 NC07 VTD: OOP7 NC09 VTD: OOP9 NC11 VTD: OOR5 RW04 (Part) Tract: 0114.10 Block(s): 201A VTD: OOR8 RW06 VTD: OOR9 RW07 (Part) Tract: 0114.04 Block(s): 201, 202, 203, 204, 602C, 602D, 603, 605, 606, 607 VTD: OOU7 SS01 VTD: 00X3 AP02 (Part) Tract: 0114.04
TUESDAY, MARCH 24, 1992
3369
Block(s): 602F Tract: 0116.01
Block(s): 621B VTD: 00X6 SS17
District: 45
FULTON COUNTY VTD: OOA8 8A VTD: OOA9 8B VTD: OOB1 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: 00V8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW8 SS21 VTD: 00X5 SS23
District: 46
FULTON COUNTY VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D VTD: 0094 7F VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA5 7S VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOC1 8M VTD: OOC7 8V VTD: OOW2 SS14
District: 47
FULTON COUNTY VTD: 0077 6A VTD: 0078 6B VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0096 7H VTD: 0097 7J
3370
JOURNAL OF THE HOUSE,
VTD: OOA2 7N VTD: OOA3 7P
District: 48
FULTON COUNTY VTD: 0005 IE (Part) Tract: 0049.95 Block(s): 305, 306, 601, 609, 613 VTD: 0008 1J (Part) Tract: 0055.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 203, 204, 205, 206, 210, 211, 212, 213, 218, 219, 220, 221, 225, 226, 227, 228, 229, 230 VTD: 0016 2A VTD: 0017 2B VTD: 0024 2J VTD: 0025 2K (Part) Tract: 0035. Block(s): 116, 120, 121, 126, 131B Tract: 0048. Block(s): 101, 103, 105, 106, 108, 109, 208, 209, 210, 211 VTD: 0026 2L VTD: 0030 2R (Part) Tract: 0043. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 202, 203 VTD: 0031 2S (Part) Tract: 0027. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 139, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236 VTD: 0047 3J VTD: 0059 4E VTD: 0062 4H (Part) Tract: 0046.95 Block(s): 104, 105, 201, 202, 203 Tract: 0049.95 Block(s): 103, 104, 106, 107, 108, 201, 202, 203, 206, 301, 302, 303, 304 Tract: 0055.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 509 Tract: 0056. Block(s): 101, 102, 103, 104, 105, 106, 201, 202, 203, 204, 205, 206, 301, 302, 304, 305, 306, 307, 401, 402, 403, 404, 405, 406, 407, 501, 502, 503, 504, 505, 506 Tract: 0057. Block(s): 209, 210, 302, 306, 307, 308 Tract: 0063. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311,
TUESDAY, MARCH 24, 1992
3371
312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 418, 419, 420, 421 VTD: OOA4 7R VTD: OOH9 12A VTD: OOJl 12B VTD: OOK4 12P
District: 49
FULTON COUNTY VTD: 0023 2H VTD: 0030 2R (Part) Tract: 0037. Block(s): 102, 103, 104, 105, 106, 107, 108 Tract: 0038. Block(s): 505, 506 Tract: 0043. Block(s): 201 VTD: 0035 2W VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0064 4K VTD: 0065 4L VTD: 0067 4N (Part) Tract: 0040. Block(s): 201, 203, 204, 205, 206, 207, 209, 210, 211, 212, 215 Tract: 0041. Block(s): 310B VTD: OOC3 8P VTD: OOC4 8R VTD: OOF9 10M (Part) Tract: 0060. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302
District: 50
FULTON COUNTY VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0046 3H VTD: 0048 3K VTD: 0053 3R VTD: 0058 4D VTD: OOB8 8K VTD: OOB9 8L VTD: OOC2 8N VTD: OOD3 9D
3372
JOURNAL OF THE HOUSE,
VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H (Part)
Tract: 0087.01 Block(s): 101, 114, 301, 302, 303, 304, 305, 309
Tract: 0088. Block(s): 123, 124
VTD: OOF3 10F VTD: OOF4 10G VTD: OOF6 10J
District: 51
COBB COUNTY VTD: 0073 OAKDALE 1 (Part) Tract: 0312.02 Block(s): 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 403B, 404, 405, 406, 407, 408B, 409, 410, 411, 412, 413B, 414, 415, 416, 417, 418, 419B, 424, 434, 435B, 441, 442, 501, 502, 503, 504, 506, 507, 508, 509, 510, 511, 513, 514, 526, 527
FULTON COUNTY VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD7 9H (Part) Tract: 0087.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 111, 112 Tract: 0087.02 Block(s): 101, 102, 103, 106, 109, 110, 111, 112, 113, 201, 203, 204, 205, 206, 210, 211, 212, 213, 214, 215, 216 VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOF1 10D VTD: OOF2 10E VTD: OOFS 10H VTD: OOF7 10K VTD: 00X7 9T
District: 52
FULTON COUNTY VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOFS 10L VTD: OOG3 11B VTD: OOG5 11D VTD: OOT1 SC08 (Part) Tract: 0105.05 Block(s): 405A, 405B, 406, 501, 502, 503B, 504B, 505B, 505C, 514B, 601A, 601C, 601D, 602B, 602C, 603B, 618B Tract: 0105.06 Block(s): 104, 105, 106, 107, 108, 110, 111, 112, 113, 202B, 202C, 205, 207B VTD: OOT7 SC14 VTD: OOT9 SC16
TUESDAY, MARCH 24, 1992
3373
VTD: 00X2 UC02 (Part) Tract: 0105.06 Block(s): 202A, 203A, 204A, 703A, 703B, 704, 705, 706, 707A, 708, 709, 714A, 715, 716C, 716D, 716E, 717, 718A, 718B, 719A, 731, 732, 738, 739, 740A, 741
VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY6 SC04 (Part)
Tract: 0103.01 Block(s): 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801, 802, 803, 804, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840
Tract: 0104. Block(s): 301, 302, 303, 304
VTD: OOY7 SC05 VTD: OOY9 SC07 (Part)
Tract: 0105.06 Block(s): 201, 202D, 202E, 203B, 203C, 203D, 204B, 206, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403C, 405, 406C, 406D, 406E, 406F, 410, 418, 421, 422, 423, 424, 425, 426, 427, 428, 431, 432, 433, 703C, 707B, 707C, 710B, 711B, 714B, 716F, 716G, 718C, 718D, 719B, 740B
District: 53
FULTON COUNTY VTD: OOG4 11C VTD: OOG6 HE VTD: OOH1 11J VTD: OOH2 UK VTD: OOH3 11L VTD: OOH4 11M VTD: OOH5 UN VTD: OOH6 HP VTD: OOH7 11R VTD: OOL6 EP01 VTD: OOM5 EP09 VTD: OON1 EP14 VTD: OOT1 SC08 (Part) Tract: 0105.06 Block(s): 101, 102, 103, 109 VTD: OOU1 SC17 VTD: OOY5 SC03
District: 54
FULTON COUNTY VTD: 0061 4G VTD: 0066 4M VTD: 0067 4N (Part) Tract: 0060. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413 VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: OOF9 10M (Part) Tract: 0060. Block(s): 303, 304, 305, 306, 307, 308, 309,
3374
JOURNAL OF THE HOUSE,
310, 311 VTD: OOG1 ION VTD: OOG2 11A VTD: OOG8 11G VTD: OOG9 11H VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E (Part)
Tract: 0074. Block(s): 201, 202, 203, 204, 208, 209, 211A, 212A, 213
Tract: 0075. Block(s): 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301
Tract: 0108. Block(s): 616A, 628A, 629, 630
Tract: 0110. Block(s): 114B
VTD: OOJ6 12G VTD: OOK1 12L VTD: OOK7 CP02 VTD: OOL8 EPOS VTD: OON4 HP01 VTD: OOU3 SC19
District: 55
FULTON COUNTY VTD: OOK6 CP01 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL7 EP02 VTD: OOM1 EPOS VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON2 EP15
District: 56
FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C (Part) Tract: 0067. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 401, 402, 403, 404, 406, 407, 408, 409A Tract: 0070. Block(s): 104, 105 VTD: 0004 ID VTD: 0005 IE (Part) Tract: 0049.95 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 412, 413, 414, 415, 416, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 602, 603, 604, 605, 606, 607, 608, 610, 611, 612 Tract: 0053.
TUESDAY, MARCH 24, 1992
3375
Block(s): 307, 308, 311, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516
VTD: 0011 1M VXD: 0014 1R (Part)
Tract: 0071. Block(s): 101, 102
VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0025 2K (Part)
Tract: 0035. Block(s): 103, 108, 109, 110, 111, 112, 113, 115, 117
Tract: 0048. Block(s): 102, 104, 107
VTD: 0031 2S (Part) Tract: 0018. Block(s): 607 Tract: 0027. Block(s): 118 Tract: 0028. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 208, 301, 302, 303, 304, 305, 306, 310, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0029. Block(s): 103, 104, 201, 202, 308, 401, 402, 403, 406, 407
VTD: 0038 2Z VTD: 0062 4H (Part)
Tract: 0053. Block(s): 401
VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K
District: 57
FULTON COUNTY VTD: 0003 1C (Part) Tract: 0070. Block(s): 101, 102, 103, 106, 405, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715
VTD: 0008 1J (Part) Tract: 0067.
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 313, 314, 315, 405, 409B, 410,
501, 502, 503, 504, 505, 506, 507 VTD: 0010 1L VTD: 0013 IP
VTD: 0014 1R (Part) Tract: 0068.02
Block(s): 101, 102, 103, 104, 105 Tract: 0071.
Block(s): 103, 104, 105, 106, 107, 108, 109, 111, 204, 205, 206 VTD: 0015 IS
VTD: OOJ4 12E (Part) Tract: 0074.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
3376
JOURNAL OF THE HOUSE,
Tract: 0075. Block(s): 107, 108, 109, 110, 112, 113
VTD: OOJ5 12F VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK2 12M VTD: OOK3 12N VTD: OON5 HP02
District: 58
FULTON COUNTY VTD: OON3 FA01 VTD: OOR1 PA01 VTD: OOT1 SC08 (Part) Tract: 0105.05 Block(s): 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 407, 408 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOU5 SC21 VTD: 00X1 UC01 VTD: 00X2 UC02 (Part) Tract: 0105.04 Block(s): 601A, 602A Tract: 0105.06 Block(s): 207A, 702, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 733, 736, 737, 742, 743, 744, 745, 746, 801, 802, 803, 804, 805, 806, 807B, 808B, 809, 810, 811A, 812, 813, 814, 815B, 818, 821A VTD: OOY6 SC04 (Part) Tract: 0103.01 Block(s): 805, 806, 807, 808, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828 Tract: 0104. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 139, 140, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 182, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315 VTD: OOY9 SC07 (Part) Tract: 0105.06 Block(s): 403D, 406B, 429, 430, 434, 435, 436B, 437, 438, 439B, 439C, 440, 441, 442B, 443, 444, 445, 446, 447, 448, 457B, 457C, 601, 602B, 606, 614B, 615, 944E, 944F, 944G
District: 59
DEKALB COUNTY VTD: 0032 DORAVILLE NORTH (Part) Tract: 0213.03 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 202, 203A, 206A, 207A Tract: 0213.04 Block(s): 101B, 117A, 203, 204 VTD: 0037 DUNWOODY (Part) Tract: 0212.10
TUESDAY, MARCH 24, 1992
3377
Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0095 OAKCLIFF (Part)
Tract: 0213.03 Block(s): 101B, 203B, 206B, 221, 222, 223
VTD: 0099 PEACHTREE (Part) Tract: 0212.12 Block(s): 201, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0213.04 Block(s): 101C, 114, 115, 117B, 117C, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 313, 314C
VTD: OOAD PLEASANTDALE VTD: OOBQ VANDERLYN (Part)
Tract: 0212.10 Block(s): 303, 304, 305, 306, 307, 308, 314, 315, 316, 317
Tract: 0212.11 Block(s): 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129
Tract: 0212.12 Block(s): 202, 203
VTD: OOBR VERMACK (Part) Tract: 0212.05 Block(s): 109, 506, 507, 508, 509
VTD: OOBU WARREN
District: 60
DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0020 CHAMBLEE NORTH VTD: 0023 CHESTNUT VTD: 0037 DUNWOODY (Part) Tract: 0212.07 Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 317, 320 VTD: 0057 HUNTLEY HILLS VTD: 0090 NANCY CREEK VTD: 0099 PEACHTREE (Part) Tract: 0212.12 Block(s): 204, 205, 206, 211, 220, 221 VTD: OOAW SHALLOWFORD VTD: OOAY SILVER LAKE VTD: OOBQ VANDERLYN (Part) Tract: 0212.10 Block(s): 318, 319, 320 VTD: OOBR VERMACK (Part) Tract: 0212.05 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 510
District: 61
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA
3378
JOURNAL OF THE HOUSE,
VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0030 CROSS KEYS VTD: 0041 EMORY (Part)
Tract: 0215. Block(s): 111, 112
Tract: 0216.03 Block(s): 106, 107, 108, 109
VTD: 0074 MARGARET HARRIS VTD: 0086 MONTCLAIR VTD: OOAR SAGAMORE VTD: OOBA SKYLAND VTD: OOBW WESLEY WOODS (Part)
Tract: 0215. Block(s): 120, 121, 122, 123, 124, 125, 126
District: 62
DEKALB COUNTY VTD: 0021 CHAMBLEE SOUTH VTD: 0032 DORAVILLE NORTH (Part) Tract: 0213.01 Block(s): 101A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125 Tract: 0213.03 Block(s): 109, 110, 111, 112, 113A, 114, 201A, 212A, 220A Tract: 0213.04 Block(s): 101A, 102, 103, 104, 105A, 105B, 106A, 107, 108, 109, 110, 111, 120, 122, 201, 202, 205, 206, 207, 209, 212, 213, 214, 217, 218, 219, 220, 221, 225, 228A, 233A, 307A, 314A, 314B VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF (Part) Tract: 0213.02 Block(s): 101B Tract: 0213.03 Block(s): 113B, 201B, 204, 205, 206C, 207B, 208, 209, 210, 211, 212B, 213, 214, 215, 216, 217, 218, 219, 220B, 224
District: 63
DEKALB COUNTY VTD: 0011 BRIARLAKE VTD: 0013 BROCKETT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.05 Block(s): 201, 202, 203, 205, 206, 207, 208, 209 Tract: 0218.06
TUESDAY, MARCH 24, 1992
3379
Block(s): 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 132, 133, 134, 135, 136, 306, 307
Tract: 0218.09 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521
VTD: 0079 MEDLOCK VTD: 0087 MONTREAL VTD: 0092 NORTHLAKE VTD: OOAK REHOBOTH VTD: OOBP TUCKER (Part)
Tract: 0218.09 Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221
District: 64
DEKALB COUNTY VTD: 0051 HAMBRICK (Part) Tract: 0219.05 Block(s): 104A, 105, 106, 107, 108, 109, 110, 111, 112 Tract: 0220.04 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 114, 115 VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.06 Block(s): 301, 302, 303, 304, 305, 308 VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 101, 102, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 501, 502, 503, 504, 505 Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 407, 408 VTD: OOAX SILVER HILL (Part) Tract: 0219.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 201C, 206B, 208B, 209B, 21 IB, 213B, 214B, 215B, 247, 325C, 325D, 328B, 335, 336B, 337B, 341B, 344, 348 VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBP TUCKER (Part) Tract: 0218.09 Block(s): 401, 402, 403, 404, 405, 406, 407
District: 65
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0051 HAMBRICK (Part) Tract: 0220.04 Block(s): 112, 113
3380
JOURNAL OF THE HOUSE,
VTD: 0062 JOLLY (Part) Tract: 0220.02 Block(s): 201C, 405B, 406, 407, 408, 409, 410B, 411B, 412B
VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH (Part)
Tract: 0233.06 Block(s): 401
VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402, 403, 404, 405, 406
VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAX SILVER HILL (Part)
Tract: 0219.03 Block(s): 349B
VTD: OOBG STONE MOUNTAIN
District: 66
DEKALB COUNTY VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY (Part) Tract: 0220.02 Block(s): 303, 304B, 305B, 309, 310, 311, 312 VTD: 0076 MCLENDON VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE
District: 67
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0014 CALLANWOLDE VTD: 0024 CLAIREMONT VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY (Part) Tract: 0215. Block(s): 114, 115 Tract: 0224.02 Block(s): 101, 102, 103, 105, 108, 109, 110, 111, 114, 115, 201, 203, 204, 205, 206, 207, 208A, 211, 212, 213, 214, 215, 220, 224, 227, 228 Tract: 0224.03 Block(s): 102, 108, 401A, 406, 407, 410, 411, 412, 413, 414, 420 Tract: 0225. Block(s): 101B, 109B VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD
TUESDAY, MARCH 24, 1992
3381
VTD: 0061 JOHNSON ESTATES VTD: 0091 NORTH DECATUR VTD: OOAE PONCE DE LEON (Part)
Tract: 0225. Block(s): 309, 316, 317, 318, 319, 320, 505, 601, 602, 604, 605, 606, 608, 609, 610, 611, 612A, 614, 701, 702
VTD: OOAU SCOTT VTD: OOBW WESLEY WOODS (Part)
Tract: 0215. Block(s): 116, 117, 118, 119, 127, 128, 129, 130, 132, 133
Tract: 0224.02 Block(s): 202, 208B, 218, 219, 221, 222
VTD: OOBX WESTCHESTER
District: 68
DEKALB COUNTY VTD: 0038 EAST LAKE (Part) Tract: 0208. Block(s): 201, 202, 203, 204, 205, 214, 215, 501, 502, 503, 505, 506, 508, 509, 510, 512, 514, 515, 516, 518, 519, 521, 522, 523, 524, 525, 526, 527, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538 VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON (Part) Tract: 0225. Block(s): 401, 402, 403, 404, 405, 406, 408, 411, 412, 502, 503, 507, 508, 509, 510, 513, 603, 607 VTD: OOBD SOUTH DECATUR VTD: OOBJ TERRY MILL VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
District: 69
DEKALB COUNTY VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0038 EAST LAKE (Part) Tract: 0208. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 206, 207, 208, 209, 210, 211, 212, 213, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 513 VTD: 0047 FORREST HILLS VTD: 0055 HOOPER ALEXANDER VTD: 0066 KNOLLWOOD VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: OOAG RAINBOW PARK (Part) Tract: 0234.08 Block(s): 303, 304, 305 VTD: OOBK TILSON (Part) Tract: 0236.
3382
JOURNAL OF THE HOUSE,
Block(s): 101, 103, 104, 105, 106, 205, 206, 207, 208, 209, 210, 211 VTD: OOBL TONEY VTD: OOBT WADSWORTH VTD: OOCB WINNONA
District: 70
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0031 CROSSROADS (Part) Tract: 0232.07 Block(s): 108A, 108B, 109, 110, 111, 112, 113, 120, 121, 122 VTD: 0098 PEACHCREST VTD: OOAF RAINBOW (Part) Tract: 0234.08 Block(s): 103, 301, 302, 801, 802, 803, 804, 812 VTD: OOAN ROWLAND VTD: OOBC SNAPFINGER VTD: OOBN TOWERS
District: 71
DEKALB COUNTY VTD: 0031 CROSSROADS (Part) Tract: 0232.07 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119 VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201B, 205, 209, 214, 215, 218, 219, 224, 226, 229 VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 507, 508, 509A Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506 Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515 VTD: OOAT SALEM VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 210B, 215B Tract: 0233.08 Block(s): 506, 507, 508, 509, 510, 511, 512, 513, 514, 516, 517, 518, 519, 520
District: 72
DEKALB COUNTY VTD: 0019 CEDAR GROVE (Part) Tract: 0234.04 Block(s): 115, 116, 117, 118, 120, 121, 122, 202, 203, 204, 209, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 325, 326, 327, 328, 329,
TUESDAY, MARCH 24, 1992
3383
330, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 505 VTD: 0039 EASTLAND VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: 0063 KELLY LAKE VTD: 0078 MEADOWVIEW VTD: OOBK TILSON (Part) Tract: 0236. Block(s): 107, 108, 109, 110, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 602, 603, 606, 607, 608, 609, 610, 611, 612, 613, 701, 702, 703, 705, 706, 708, 709, 711, 713, 714, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813
District: 73
DEKALB COUNTY VTD: 0007 BOB MATHIS VTD: 0019 CEDAR GROVE (Part) Tract: 0234.05 Block(s): 105, 106, 107, 108, 109, 111, 112, 113, 116, 117, 118, 119 VTD: 0022 CHAPEL HILL VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0077 MCWILLIAMS VTD: OOAF RAINBOW (Part) Tract: 0234.08 Block(s): 808, 809, 810, 811, 813, 814, 815, 816, 817, 818, 819, 820, 901A, 903, 904, 905, 906, 907, 908, 909 VTD: OOAG RAINBOW PARK (Part) Tract: 0234.03 Block(s): 920, 921, 923, 924 Tract: 0234.05 Block(s): 101, 114, 115 Tract: 0234.08 Block(s): 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 703, 704, 805, 806, 807, 901B, 902 VTD: OOBE SPRING HILL VTD: OOBV WESLEY CHAPEL
District: 74
DEKALB COUNTY VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201A, 202, 203, 204, 206, 207, 208, 210, 211, 216, 217, 234 VTD: OOAB PHILLIPS VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 201B, 202B, 205B, 208, 211C, 212, 213, 214, 307B, 308, 309B Tract: 0233.08 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610
ROCKDALE COUNTY VTD: 0003 FIAT SHOALS (Part) Tract: 0603.02
3384
JOURNAL OF THE HOUSE,
Block(s): 305B Tract: 0603.04
Block(s): 614C VTD: 0004 HONEY CREEK VTD: 0006 LORRAINE VTD: 0007 MAGNET VTD: 0009 OLDE TOWNE (Part)
Tract: 0602. Block(s): 701A
Tract: 0603.02 Block(s): 301A, 305A, 611A
Tract: 0603.03 Block(s): 113A, 118A, 118B, 118C, 118D, 119A, 401A, 402, 403, 502A, 503, 504, 505, 506, 507, 508, 509, 510, 511, 702A
Tract: 0603.04 Block(s): 102C, 106A, 107, 108, 109, 110, 111, 112, 113A, 401A, 402, 403A, 404, 405, 406, 407A, 503B, 507, 508, 509, 510A, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525A, 526, 527, 528A, 529, 530, 601A, 607A, 608, 609A, 610, 611A, 612, 613, 614A, 615A, 616A, 617A, 701A, 701B, 702A, 705A
VTD: 0010 ROCKDALE VTD: 0012 SMYRNA VTD: 0013 STANTON VTD: 0015 BARKSDALE
District: 75
DEKALB COUNTY VTD: 0070 LITHONIA VTD: OOAL ROCKBRIDGE VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 310B, 315B, 316, 317, 318B, 319B, 320B, 321, 415B, 419, 420, 421B, 422
ROCKDALE COUNTY VTD: 0001 CONYERS VTD: 0002 FIELDSTONE VTD: 0003 FIAT SHOALS (Part) Tract: 0603.02 Block(s): 203, 301B, 302, 303, 304, 305C, 305D, 306, 307, 308, 309, 401, 402, 623, 624, 625, 635, 636 Tract: 0603.04 Block(s): 611B, 614B, 614D, 615B, 616B, 701C, 702B, 703, 704, 705B, 706, 707, 708 VTD: 0005 LAKES DISTRICT VTD: 0008 MILSTEAD VTD: 0009 OLDE TOWNE (Part) Tract: 0603.03 Block(s): 116A, 201B, 201C, 501A, 601B, 601E, 605A, 607A, 701A VTD: 0011 SHEFFIELD VTD: 0014 HIGHTOWER
District: 76
GWINNETT COUNTY VTD: 0014 408E
TUESDAY, MARCH 24, 1992
3385
VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0054 1578D VTD: 0066 408J VTD: 0072 571C VTD: 0077 571B
District: 77
GWINNETT COUNTY VTD: 0003 405A VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0050 405H VTD: 0064 4051
District: 78
GWINNETT COUNTY VTD: 0004 405B VTD: 0035 406B VTD: 0037 406D VTD: 0043 406J VTD: 0061 4060 VTD: 0070 406P VTD: 0075 406R
District: 79
GWINNETT COUNTY VTD: 0034 406A VTD: 0036 406C VTD: 0038 406E VTD: 0039 406F VTD: 0058 406L VTD: 0059 406M VTD: 0060 406N
District: 80
GWINNETT COUNTY VTD: 0018 1263A VTD: 0019 1263B VTD: 0024 404A (Part) Tract: 0505.02 Block(s): 101A, 101B, 103, 104, 107, 108, 109, 110, 113, 114, 115, 130, 135, 137, 138 VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 212C, 215B, 216 VTD: 0040 406G VTD: 0041 406H VTD: 0052 1263C VTD: 0053 1263D VTD: 0074 404C
3386
JOURNAL OF THE HOUSE,
District: 81
GWINNETT COUNTY VTD: 0031 544A VTD: 0032 544B (Part) Tract: 0505.07 Block(s): 203 VTD: 0042 4061 VTD: 0057 406K VTD: 0069 544E VTD: 0071 406Q VTD: 0078 544D
District: 82
GWINNETT COUNTY VTD: 0024 404A (Part) Tract: 0505.02 Block(s): 102 VTD: 0027 444B (Part) Tract: 0505.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 140, 145, 146, 156, 157, 158, 159, 160, 161, 167, 191, 192, 193, 211, 223, 224 Tract: 0506.01 Block(s): 164 Tract: 0506.02 Block(s): 305, 333, 334, 335, 345, 346, 347 VTD: 0029 407B VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 119, 123, 124, 138, 139, 141, 142, 143, 144, 147, 148, 149, 150, 151, 152, 153, 154, 155, 162, 163, 164, 165, 166, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 189, 190, 201, 202, 203, 204, 205B, 207, 208, 209, 210, 213, 214B, 215C, 220B, 221B, 221C, 222, 225B Tract: 0505.09 Block(s): 201B VTD: 0032 544B (Part) Tract: 0505.02 Block(s): 134A, 134B Tract: 0505.07 Block(s): 101A, 101B, 102A, 201, 202, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 306, 307, 308, 309, 310, 311, 701, 702A, 702B, 702C, 703, 704, 705A, 705B, 705C, 705D, 706, 707, 708 VTD: 0033 544C VTD: 0055 407D VTD: 0067 404B
District: 83
GWINNETT COUNTY VTD: 0010 408A VTD: 0011 408B VTD: 0012 408C VTD: 0013 408D VTD: 0015 408F VTD: 0016 408G
TUESDAY, MARCH 24, 1992
3387
VTD: 0051 408H VTD: 0065 4081 VTD: 0073 408K
District: 84
GWINNETT COUNTY VTD: 0001 1295A (Part) Tract: 0505.09 Block(s): 504, 505, 506, 507, 604 Tract: 0507.04 Block(s): 140 Tract: 0507.05 Block(s): 102A, 102B, 103, 104A, 104B, 112, 113, 114, 115, 116, 119, 122, 123, 124, 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134A, 134B, 134C, 135, 136, 137, 138A, 138B, 138C, 139A, 139B, 140A, 140B, 140C, 141A, 141B, 141C, 149, 160B, 161A, 161B, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 213C, 214, 215, 216, 217, 218, 219, 220A, 220B, 221A, 221B, 222, 223A, 223B, 224, 226 VTD: 0002 1295B (Part) Tract: 0507.04 Block(s): 101, 102A, 102B, 103, 104, 105, 106, 107A, 107B, 108, 109, 110, 111A, 111B, 112, 113A, 113B, 113C, 113D, 113E, 114, 115A, 115B, 116A, 116B, 116C, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 139C, 141, 142, 143, 144, 201, 202, 203, 204, 206, 207 VTD: 0028 407A VTD: 0045 571A VTD: 0056 407E VTD: 0068 407F VTD: 0076 571D
WALTON COUNTY VTD: 0417 LOGANVILLE (Part) Tract: 1105. Block(s): 112A, 113A, 113B, 128A, 129A, 130, 131, 132, 135A, 136, 137, 138, 139, 140, 141A, 141B, 176A, 177, 178A, 178B, 179, 180A, 180B, 181A, 181B, 181C, 182, 183A, 203A, 204, 205A, 205B, 205C, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 232, 233, 234, 235, 237, 239A, 239B, 239C, 239D, 240A, 240B, 241, 242, 243, 244, 245, 246A, 246B, 246C, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 256A, 256B, 257A, 257B, 258A, 258C, 259, 314, 315, 317, 319, 320, 321, 322, 325, 342, 344, 345, 502
District: 85
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0008 MASHBURN
GWINNETT COUNTY VTD: 0026 444A VTD: 0044 1397 (Part) Tract: 0501.02 Block(s): 802A Tract: 0506.01 Block(s): 101, 102, 103, 104, 105A, 105B,
3388
JOURNAL OF THE HOUSE,
105C, 105D, 106, 107A, 107B, 107C, 107D, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 124C, 124D, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 144, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 230, 231, 253, 254 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0062 550C VTD: 0063 550D
District: 86
BARROW COUNTY GWINNETT COUNTY
VTD: 0001 1295A (Part) Tract: 0505.09 Block(s): 401, 405, 406, 407 Tract: 0507.05 Block(s): 101, 105, 106, 107, 108, 109, 110, 111, 117, 142, 143, 144, 145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203
VTD: 0017 1564 (Part) Tract: 0506.02 Block(s): 401, 402, 403, 404A, 404B, 405, 406, 407, 408, 409, 410A, 410B, 410C, 411A, 411B, 411C, 411D, 412, 413, 414A, 414B, 429, 430, 431, 432, 433, 434, 435, 436A, 436B, 436C, 437A, 437B, 437C, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457
VTD: 0025 478
District: 87
WALTON COUNTY VTD: 0250 CAMPTON VTD: 0414 GRATIS VTD: 0415 BETWEEN VTD: 0416 WALNUT GROVE VTD: 0417 LOGANVILLE (Part) Tract: 1105. Block(s): 107, 108, 109, 110, 112B, 113C, 121, 122, 123, 124, 125, 126, 127, 128B, 128C, 129B, 133, 135B, 141C, 142, 143, 147, 148, 149, 176B, 183B, 183C, 184, 201, 202, 203B, 205D, 228B, 229, 230, 231, 236, 238, 258B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 316, 318, 323, 324, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 343, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 501, 503, 504, 505 VTD: 0418 SOCIAL CIRCLE VTD: 0419 MONROE AND BLASINGAME VTD: 0454 MOUNTAIN
TUESDAY, MARCH 24, 1992
3389
VTD: 0502 JERSEY VTD: 0559 GOOD HOPE VTD: 1663 BOLD SPRINGS VTD: 1675 WHATLEY
District: 88
CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126, 127, 128, 129 Tract: 0013.02 Block(s): 108A, 108B, 108C, 108D, 108E, 117A, 117B, 118A, 118B, 119A, 120A, 120B, 120C, 120D, 120E, 120F, 121A, 121B, 121C, 121D, 121E, 125, 130A, 130B, 132A, 133A, 133B, 134, 135, 201A, 205A, 206A, 209A, 210A, 210B, 211A, 318A VTD: 001A PRECINCT 216-1A (Part) Tract: 0004. Block(s): 209, 210, 211, 212, 213, 214A, 215, 217 Tract: 0015.01 Block(s): 301 A, 303A, 307A VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 105 Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 214 Tract: 0011. Block(s): 111, 112, 113, 114, 115, 201, 202, 203, 204 Tract: 0012. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223 Tract: 0015.02 Block(s): 306A, 418A, 419A VTD: 002B PRECINCT 216-2B VTD: 003A PRECINCT 216-3A VTD: 005B PRECINCT 216-5B (Part) Tract: 0008. Block(s): 124, 125, 130, 131 Tract: 0013.02 Block(s): 320, 321, 322, 328A, 329 VTD: 0217 PRECINCT 0217 (Part) Tract: 0004. Block(s): 216, 222 Tract: 0011. Block(s): 317A, 317B, 317C Tract: 0015.01 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412 Tract: 0015.02 Block(s): 214, 215, 216, 301A, 301B, 302, 303B, 304, 305, 306C VTD: 0219 PRECINCT 0219 (Part) Tract: 0013.02 Block(s): 104, 128, 131, 133C VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02
3390
JOURNAL OF THE HOUSE,
Block(s): 101, 102, 103, 105, 106, 107, 108F, 109, 110, 111, 112, 113, 114, 115, 116, 117C, 118C, 119B, 120G, 122, 123, 124, 126, 127, 129, 130C, 130D, 132B, 201B, 202, 203, 204, 205B, 206B, 207, 208, 209B, 210C, 211B, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318B, 319, 323, 324, 325, 326, 327, 328B
VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 210, 501B Tract: 0015.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418B, 419B
VTD: 144B PRECINCT 144A (Part) Tract: 0013.98 Block(s): 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 317A, 317B, 318A, 318B, 319, 401, 402, 403A, 403B, 404A, 404B, 405A, 405B, 406, 407A, 407B, 408, 409, 410, 411, 412, 501C, 502, 503, 504, 505, 506, 507, 508, 509 Tract: 0016.98 Block(s): 201B, 301C, 307B, 308B, 308D, 315B, 317B, 318B, 325B, 325D
VTD: 1899 PRECINCT 1899 (Part) Tract: 0004. Block(s): 203B, 214B Tract: 0015.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301B, 302, 303B, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 401, 402, 403
District: 89
CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 136, 137, 138, 139, 140, 141, 142, 143 Tract: 0002. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 Tract: 0004. Block(s): 102, 103, 104, 105, 106, 107, 108, 109 Tract: 0005. Block(s): 101, 102 Tract: 0006. Block(s): 110, 125, 126, 127, 128, 142, 143, 201, 202, 203, 217, 218, 219 Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 VTD: 001A PRECINCT 216-1A (Part) Tract: 0001. Block(s): 128, 129, 130, 131, 132, 133, 134, 135 Tract: 0003.
TUESDAY, MARCH 24, 1992
3391
Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361
Tract: 0004. Block(s): 101, 110, 201, 202, 203A, 204, 205, 206, 207, 208
Tract: 0014,02 Block(s): 419A, 706A, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719A
VTD: 001B PRECINCT 216-2B (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 107, 116, 117 Tract: 0003. Block(s): 102A, 103A, 104, 105, 106A, 108, 109, 112, 113, 114A, 115A, 117A, 117B, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 331 Tract: 0014.02 Block(s): 418A
VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 104
VTD: 003B PRECINCT 216-3B VTD: 005A PRECINCT 216-5A VTD: 005B PRECINCT 216-5B (Part)
Tract: 0008.
Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227
Tract: 0009.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113
Tract: 0013.02
Block(s): 330
VTD: 0219 PRECINCT 0219 (Part)
Tract: 0003.
Block(s): 101, 102B, 102C, 103B, 106B, 114B, 115B
Tract: 0014.01
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253
VTD: 0220 PRECINCT 0220 (Part)
Tract: 0014.02
Block(s): 217, 218, 219, 401, 402, 403, 405, 411, 413, 420, 701, 702, 703, 704, 705, 706B, 706C, 719B, 723A
VTD: 1347 PRECINCT 1347 (Part)
Tract: 0014.01
Block(s): 211, 212
VTD: 144A PRECINCT 144B (Part)
Tract: 0013.98
Block(s): 101, 102, 103, 104, 106
VTD: 144B PRECINCT 144A (Part)
Tract: 0013.98
Block(s): 201, 202
3392
JOURNAL OF THE HOUSE,
District: 90
ELBERT COUNTY OGLETHORPE COUNTY LINCOLN COUNTY
VTD: 9001 1A VTD: 9002 IB (Part)
Tract: 9701. Block(s): 233, 246, 247, 250, 251, 252, 253, 254, 255, 256, 259, 266, 267, 268, 301B, 302B, 302C, 303
WILKES COUNTY VTD: 0002 2A (.Part) Tract: 9801. Block(s): 239, 240, 241B, 242, 243, 244, 245, 246, 247, 248, 249, 250, 268, 269 Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 117, 118, 119, 120, 121, 122, 123A, 123B, 124A, 124B, 125, 316, 318, 319, 528B, 529B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620B, 621B, 629, 630, 637B, 637C, 638, 639, 640B, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 710, 711, 712, 713, 714, 715A, 715B, 716A, 716B, 717, 718, 719, 720, 721, 722, 723, 749, 750, 751, 752, 753, 754, 755, 757, 758, 759, 760, 761, 762, 763, 764, 765, 789 VTD: 0003 2B (Part) Tract: 9801. Block(s): 215, 216, 217, 218, 219, 220, 221, 222, 230B, 236, 237, 238, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267 Tract: 9803. Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 737, 738, 743, 744, 745, 746, 747, 748, 756, 766, 797 VTD: 0006 4A (Part) Tract: 9801. Block(s): 167, 168, 169, 170 Tract: 9802. Block(s): 167, 168, 172, 173, 174, 180, 181, 182 Tract: 9803. Block(s): 111, 112, 113, 115A, 126A, 126B, 127A, 127B, 128, 129, 130, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 VTD: 0007 4B
District: 91
OCONEE COUNTY MORGAN COUNTY NEWTON COUNTY
VTD: 0004 BREWERS VTD: 0005 BRICK STORE VTD: 0009 MANSFIELD VTD: 0010 NEWBORN
District: 92
NEWTON COUNTY VTD: 0001 TOWN VTD: 0002 ALMON
TUESDAY, MARCH 24, 1992
3393
VTD: 0003 COVINGTON MILLS VTD: 0006 CEDAR SHOALS VTD: 0007 DOWNS VTD: 0008 GUM CREEK VTD: 0011 OXFORD VTD: 0012 ROCKY PLAINS VTD: 0013 STANSELL VTD: 0014 LEGUIN
District: 93
CLAYTON COUNTY VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 909, 921, 923 Tract: 0403.04 Block(s): 206, 225, 226, 227, 231, 232, 233 VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 304, 305, 309, 312, 313A, 313B, 315 Tract: 0404.05 Block(s): 104, 105 VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0028 RIVERDALE 3 (Part) Tract: 0405.04 Block(s): 301, 302, 309, 310A, 310B, 310C, 311A, 311B, 312, 315A, 315B, 315C, 329, 330A, 330B, 331, 333A, 333B Tract: 0405.05 Block(s): 301A, 310A, 310B, 310C VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 302, 303, 304, 305, 306, 307, 308, 311, 312, 314A, 314B VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 106 Tract: 0405.03 Block(s): 301A, 301B, 313, 315, 316 VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.04 Block(s): 330C, 333C, 334 Tract: 0405.05 Block(s): 221C, 301B, 309, 310D, 311, 312, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520
District: 94
CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 910, 911, 912, 913, 914, 915, 916, 917, 918, 922, 933 Tract: 0403.04
3394
JOURNAL OF THE HOUSE,
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 224, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334
Tract: 0403.05 Block(s): 301, 302, 307A, 307B, 308A, 308B, 310, 311
VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 201A, 201B, 202, 203, 204, 205, 206, 207, 208A, 208B, 208C, 209, 214, 215, 216, 217A, 217B, 217C, 217D, 218, 219, 220, 303, 306, 314A, 314B, 316, 317 Tract: 0404.05 Block(s): 101, 102, 110, 119A, 119B, 120, 121, 122, 123, 124, 126, 127, 128, 129 Tract: 0404.06 Block(s): 103, 106, 107, 108, 109, 110, 113, 115, 116, 117, 130, 131, 132, 135A, 135B, 136
VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0021 ADAMSON MORROW 5 (Part)
Tract: 0404.01 Block(s): 706, 707, 708, 709, 710, 711
Tract: 0404.02 Block(s): 403, 405, 406, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 502, 503, 504, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533
Tract: 0404.03 Block(s): 401, 405, 406, 407, 408, 409
District: 95
CLAYTON COUNTY VTD: 0005 FOREST PARK 4 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 (Part) Tract: 0404.03 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.06 Block(s): 201, 202, 203, 218, 219, 220, 234, 235, 236, 237, 901, 902A, 902B, 904, 905, 906, 907A, 907B, 908, 909, 914, 915, 916, 917, 918, 923, 924, 925A, 925B, 929, 931, 933 Tract: 0406.04 Block(s): 301A, 301B, 302, 304, 319, 323, 324, 401, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 416, 417, 418, 419, 420, 423, 424A, 424B, 425, 426, 501, 502, 503, 504, 505A, 505B, 506, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 520, 522, 523, 524, 525, 528, 529, 531A, 531B, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11
TUESDAY, MARCH 24, 1992
3395
District: 96
CLAYTON COUNTY VTD: 0006 FOREST PARK 5 (Part) Tract: 0404.05 Block(s): 103, 109 VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 (Part) Tract: 0405.05 Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 222, 224A, 226 VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 114, 115, 116, 117A, 117B, 118, 119A, 119B, 119C, 119D, 122, 125, 126, 309, 310, 317 Tract: 0405.06 Block(s): 201, 202, 203, 204, 205, 206, 207A, 208, 209, 210, 211A, 211B, 211C, 212, 213, 214, 215, 216 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 107, 108, 206, 207, 227 Tract: 0405.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 120, 121, 123, 402A, 402B, 402C, 402D, 402E, 403, 404, 405 VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.05 Block(s): 221B, 221D, 224B, 225 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.05 Block(s): 308, 309 Tract: 0406.04 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611 VTD: 0039 JONESBORO 10 (Part) Tract: 0405.07 Block(s): 101, 102, 103, 104, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 Tract: 0406.04 Block(s): 308C, 308D, 308F, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336 Tract: 0406.07 Block(s): 109
District: 97
CLAYTON COUNTY VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0025 PAN HANDLE VTD: 0039 JONESBORO 10 (Part) Tract: 0405.08
3396
JOURNAL OF THE HOUSE,
Block(s): 501, 517, 518, 519, 520, 521, 522 VTD: 0040 JONESBORO 12
District: 98
DOUGLAS COUNTY VTD: 0001 DOUGLASVILLE VTD: 0002 BEULAH VTD: 0003 STEWART VTD: 0007 MOUNT CARMEL (Part) Tract: 0802. Block(s): 504, 505, 506, 507, 508, 509, 510, 517, 518, 519 Tract: 0806.01 Block(s): 102A, 102B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302A, 302B, 303, 305F, 305K, 307, 308, 309 Tract: 0806.02 Block(s): 210, 211, 212, 213 VTD: 0012 TURNER-LITHIA SPRINGS VTD: 0013 COMMERCIAL BANK VTD: 0014 LEE ROAD-LITHIA HIGH
District: 99
DOUGLAS COUNTY VTD: 0004 ARBOR STATION VTD: 0005 DORSETT SHOALS VTD: 0006 CHAPEL HILL VTD: 0007 MOUNT CARMEL (Part) Tract: 0806.01 Block(s): 211, 212, 213, 214, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 601, 602, 603, 604 Tract: 0806.02 Block(s): 102, 301, 302, 303, 304, 305, 306, 307, 401, 402 VTD: 0008 WINSTON VTD: 0009 FAIRPLAY VTD: 0010 MIDDLE VTD: 0011 BILL ARP
District: 100
CARROLL COUNTY VTD: 0001 TEMPLE 649 VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9906. Block(s): 135, 201, 202B Tract: 9907. Block(s): 225, 226, 227, 228, 229, 230, 231, 232, 236, 317, 318, 319, 320, 321, 322, 323, 401, 402, 403B, 403C, 403D, 404, 405B, 407, 408, 409C, 410B, 410C, 411B, 429B, 429C, 430C, 430D, 430E, 431B, 432B, 433C, 433D, 434, 435B, 435C, 436B, 436C, 439, 440, 441, 606, 607, 608, 609, 610B, 617, 618B, 619C, 620 VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 101B, 102, 103, 104B, 105B, 106, 107, 108A, 108C, 108D, 109C,110
TUESDAY, MARCH 24, 1992
3397
Tract: 9906. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 128, 129, 130, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145A, 145C, 202C, 206, 207C, 208, 209, 210, 211, 212
VTD: 0009 SANDHILL VTD: 0010 CENTERPOINT VTD: 0012 MOUNT ZION VTD: 0015 BOWDEN JUNCTION VTD: 0018 VILLA RICA CITY VTD: 0019 VILLA RICA COUNTY VTD: 0021 LAKESHORE RECREATION CENTER 714A2 VTD: 0022 BONNER 714A3 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part)
Tract: 9911. Block(s): 127, 208, 209, 227A, 227B, 228A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 313, 314A, 315A, 315B, 316A, 316B, 317A
District: 101
CARROLL COUNTY VTD: 0002 WHITESBURG 682 VTD: 0003 ROOPVILLE 713 VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9907. Block(s): 185, 186, 187, 221, 222, 224, 233, 234, 235, 237, 238, 603, 604, 605, 625, 626, 627, 628 VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 111B, 111C VTD: 0006 CENTRAL HIGH 714 B SOUTH VTD: 0007 KANSAS VTD: 0008 BOWDEN VTD: 0011 LOWELL VTD: 0013 BURWELL VTD: 0014 CLEM VTD: 0016 TYUS VTD: 0017 HULETT VTD: 0020 WEST SIDE GYM 714A1 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 501, 502, 503, 504, 505, 506, 508, 509, 510, 511, 512, 513A, 514A, 514B, 515A, 515B, 527A, 528, 529, 530, 531, 532, 533, 534, 535, 601A, 602, 603A, 606A VTD: 0024 OLD CAMP CHURCH 714B WEST VTD: 0025 OAK GROVE CHURCH 715
District: 102
HARRIS COUNTY MERIWETHER COUNTY
VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 734, 735
MUSCOGEE COUNTY VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 Block(s): 106, 127, 128, 147, 148, 301, 318 VTD: 0022 UPATOI
3398
JOURNAL OF THE HOUSE,
VTD: 0034 21A TALBOT COUNTY
VTD: 3001 BOX SPRINGS VTD: 3005 ONEALS TROUP COUNTY VTD: 0005 WEST POINT VTD: 0008 ROUGH EDGE (Part)
Tract: 9606. Block(s): 128, 129, 130, 131, 132, 133, 139, 140, 142, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157
Tract: 9607. Block(s): 335, 336, 421, 422, 423, 424, 425, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546
Tract: 9611. Block(s): 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269
VTD: 0013 GRAY HILL VTD: 0015 HIGHLANDS (Part)
Tract: 9607. Block(s): 301, 302, 303, 304, 305, 306, 307A, 307B, 308A, 308C, 315A, 315B, 316A, 316B, 316C, 317A, 317B, 317C, 317D, 318, 319, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 420A, 420B, 420C, 501
District: 103
HEARD COUNTY COWETA COUNTY
VTD: 0003 THIRD (SMOKEY ROAD) VTD: 0004 FOURTH (HANDY) VTD: 0007 EIGHTH (CEDAR CREEK) VTD: 0008 NINTH (GRANTVILLE) VTD: 0010 ELEVENTH (HURRICANE) VTD: 0011 TWELFTH (PANTHER CREEK) VTD: 0015 FIFTEENTH (NEWNAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part)
Tract: 1703. Block(s): 410B, 417B, 418
Tract: 1706. Block(s): 501, 502B, 503B, 504B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533
VTD: 0018 EIGHTEENTH (NEWNAN) VTD: 0019 NINETEENTH (NEWNAN) VTD: 0020 TWENTIETH (NEWNAN) VTD: 0021 TWENTY-FIRST (WHITE OAK) (Part)
Tract: 1703.
TUESDAY, MARCH 24, 1992
3399
Block(s): 308, 309, 310, 311, 312, 317, 318, 319, 328, 331, 332, 333, 334, 335, 336, 337, 338, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436
Tract: 1704. Block(s): 315, 318, 321, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354
District: 104
COWETA COUNTY VTD: 0005 SIXTH (SHARPSBURG) VTD: 0006 SEVENTH (PALMETTO) VTD: 0022 TWENTY-SECOND (MADRAS)
FAYETTE COUNTY VTD: 0001 BLACKROCK (Part) Tract: 1404.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 21 IB, 212B, 214, 215B, 216, 217, 218, 219, 220, 221, 222, 223B, 224, 225, 226, 227B, 228B, 229B, 229C, 236, 237, 238, 239, 240B, 501, 502 VTD: 0003 EUROPE VTD: 0004 FAYETTEVILLE EAST VTD: 0005 FAYETTEVILLE WEST (Part) Tract: 1404.01 Block(s): 318A, 318B, 319A, 320, 321A VTD: 0006 FLINT VTD: 0007 HOPEFUL VTD: 0008 MORNING CREEK VTD: 0009 RAREOVER VTD: 0010 SANDY CREEK VTD: 0023 KENWOOD VTD: 0024 BANKS
District: 105
FAYETTE COUNTY VTD: 0002 BROOKS VTD: 0005 FAYETTEVILLE WEST (Part) Tract: 1401.02 Block(s): 224A Tract: 1402.01 Block(s): 324A, 327A Tract: 1403.01 Block(s): 101A, 102A Tract: 1404.01 Block(s): 210A, 210B, 211A, 212A, 213, 215A, 223A, 227A, 228A, 229A, 230, 231, 232, 233, 234, 235, 240A, 241, 242, 301, 302, 303, 304, 305, 306, 307A, 308, 309, 310A, 310B, 311, 312A, 312B, 312C, 313A, 314A, 315A VTD: 0011 SHAKERAG EAST VTD: 0012 SHAKERAG WEST VTD: 0013 STARRSMILL VTD: 0014 WHITEWATER VTD: 0015 WOOLSEY VTD: 0016 MCINTOSH VTD: 0017 OAK GROVE AND FLAT CREEK AND PART BRAELINN VTD: 0018 KEDRON VTD: 0019 ABERDEEN
3400
JOURNAL OF THE HOUSE,
VTD: 0020 WINDGATE VTD: 0022 BRAELINN VTD: 0025 HARPS CROSSING VTD: 0026 WILLOW POND
District: 106
COWETA COUNTY VTD: 0001 FIRST (SENIOA) VTD: 0009 TENTH (HARALSON) VTD: 0012 THIRTEENTH (RAYMOND) VTD: 0013 FOURTEENTH (TURIN) VTD: 0021 TWENTY-FIRST (WHITE OAK) (Part) Tract: 1703. Block(s): 409C, 409D Tract: 1706. Block(s): 603, 604, 605, 606, 607, 608, 609B, 610C, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 641, 642
SPALDING COUNTY VTD: 0003 GRIFFIN THREE (Part) Tract: 1609. Block(s): 423, 424, 425, 426, 427, 428, 434, 435, 436, 437, 504, 505, 506 Tract: 1611. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 219, 220, 221, 222, 223, 224, 225, 227 Tract: 1612. Block(s): 101, 102, 103, 104, 105, 106, 107 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1605. Block(s): 125, 150A, 151A, 152A, 153A, 155, 160A, 161A, 162B, 174A, 174B, 174C, 175, 176, 177A, 177B Tract: 1607. Block(s): 520A, 521A, 522A, 523A, 524A, 526A, 527A, 528A, 528B, 529, 530A, 531, 532A, 532B VTD: 0006 GRIFFIN SIX VTD: 0008 AFRICA VTD: 0012 EXPERIMENT (Part) Tract: 1604. Block(s): 106, 107, 108, 109, 110A, 111, 112, 113A, 201A Tract: 1605. Block(s): 121, 122, 123C, 124, 128, 129B, 130, 140, 141, 142, 143, 144, 145, 146, 147B, 1488, 149, 150B, 151B, 152B, 162C, 163B, 164, 173A, 173B Tract: 1607. Block(s): 520B, 521B, 522B, 523B VTD: 0013 LINE CREEK VTD: 0014 MOUNT ZION VTD: 0015 ORRS WEST VTD: 0016 UNION
District: 107
HENRY COUNTY VTD: 0015 HAMPTON VTD: 0035 LOWES VTD: 0060 SIXTH (Part) Tract: 0701.03
TUESDAY, MARCH 24, 1992
3401
Block(s): 501, 502, 503, 504, 505 Tract: 0703.01
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 301, 302
VTD: 0065 STOCKBRIDGE (Part) Tract: 0701.03 Block(s): 506, 507
SPALDING COUNTY VTD: 0001 GRIFFIN ONE VTD: 0002 GRIFFIN TWO VTD: 0003 GRIFFIN THREE (Part) Tract: 1609. Block(s): 214B, 215, 227B, 234C, 235C, 429, 430, 433, 501, 502, 503, 507B, 507C, 508B, 509B, 510B, 511B, 512, 513, 514, 515, 516B, 517, 518B, 519 Tract: 1611. Block(s): 202A, 226, 228, 229A Tract: 1612. Block(s): 108, 109 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1604. Block(s): HOB, 113B, 120B, 121, 122, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248B, 249, 250, 251B, 252, 253, 254 Tract: 1605. Block(s): 123A, 123B, 126, 127A, 127B, 129A, 147A, 148A, 162A, 163A, 165, 166, 167 Tract: 1608. Block(s): 401, 402, 403, 407, 408, 421B VTD: 0007 GRIFFIN SEVEN VTD: 0009 AKIN VTD: 0010 CABIN VTD: 0011 EAST GRIFFIN VTD: 0012 EXPERIMENT (Part) Tract: 1603. Block(s): 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 211, 212, 213B, 215, 216B Tract: 1604. Block(s): 119, 120A, 123A, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 161, 162A, 163A, 164A, 164B, 169, 170
District: 108
HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0020 HIGHLAND VILLAGE (Part) Tract: 0701.02 Block(s): 161, 162, 201, 202, 203, 204, 205, 206 Tract: 0701.03 Block(s): 101, 102, 103, 104, 130A, 130C, 132B, 133, 134, 135, 136, 137, 138, 139, 201B, 238B, 239B, 240B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326B, 326C, 327, 328, 329,
3402
JOURNAL OF THE HOUSE,
330, 331, 332, 401, 402, 403, 404, 405B, 406B, 441, 442B, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 467, 468, 469 Tract: 0702.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109 VTD: 0025 LOCUST GROVE VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0055 SHAKERAG VTD: 0060 SIXTH (Part) Tract: 0701.03 Block(s): 458, 459 VTD: 0065 STOCKBRIDGE (Part) Tract: 0701.02 Block(s): 112 Tract: 0701.03 Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118A, 118B, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130B, 131, 132A, 201A, 202, 203A, 203B, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 210A, 210B, 211, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 214D, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238A, 239A, 240A, 324A, 326A, 405A, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420A, 420B, 420C, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 442A, 443A, 455, 456, 457, 460, 461, 462, 463, 464, 465, 466, 470, 471 VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0075 TUSSAHAW
District: 109
BUTTS COUNTY HENRY COUNTY
VTD: 0005 BEERSHEBA VTD: 0020 HIGHLAND VILLAGE (Part)
Tract: 0702.01 Block(s): 136, 139, 140, 141, 142, 143, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154
VTD: 0030 LOVES (Part) Tract: 0702.01 Block(s): 101, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 137, 138, 146 Tract: 0702.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 203, 204, 205, 206, 207, 208, 209A, 211, 212, 213, 214 Tract: 0702.03 Block(s): 101
VTD: 0045 MCMULLEN VTD: 0050 SANDY RIDGE
TUESDAY, MARCH 24, 1992
3403
VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 101, 102, 103, 104, 105, 120, 121, 122, 123, 124 Tract: 0701.98 Block(s): 101, 102, 103, 104, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 152, 153, 154, 155, 156, 157, 158, 159, 160
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 191, 192, 265, 266, 267, 268, 269, 270, 271, 272 Tract: 9702. Block(s): 144A, 144C, 145A, 145B, 145C, 145D, 145E, 146, 147A, 147B, 148A, 148B, 148C, 149, 150, 153, 154, 155A, 155C, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210A, 210B, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413A, 413B, 414, 415, 416, 417A, 417B, 417C, 418A, 418B, 418C, 425, 426, 427, 502A, 503A, 504A, 505, 507, 508 Tract: 9703. Block(s): 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 306A, 307A, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 430A, 430B, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436A, 436B, 436C, 436D VTD: 0002 MILNER GMD 540 VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 151, 152, 171, 172, 173, 174, 175, 176, 201, 221, 222, 223 VTD: 0004 CHAPPELL GMD 523
District: 110
JASPER COUNTY MONROE COUNTY JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 117, 118, 119, 124, 125, 204, 205, 206, 208, 209, 225, 226, 227
Tract: 0302.
Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 307, 308, 309, 311, 312, 313
Tract: 0303.
3404
JOURNAL OF THE HOUSE,
Block(s): 301, 302, 304, 307, 308, 311, 314B, 316B, 316C, 317B, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 347, 377, 378, 379
VXD: 0002 FINNEY AND WHITE VTD: 0006 SANDERS LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part)
Tract: 9701. Block(s): 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387
Tract: 9702. Block(s): 143, 144B, 155B, 167, 168, 169, 170, 419, 420, 421, 422, 423, 424, 501, 502B, 503B, 504B, 506, 509, 510, 511, 512, 513, 514, 515, 516, 517, 521, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574
Tract: 9703. Block(s): 105, 106, 301, 302, 303, 304, 305, 306B, 307B, 338, 339, 401, 402, 403, 404, 405, 406, 427, 428, 429, 430C, 437, 438, 439, 440A, 442, 443, 444, 467A, 470, 471, 473, 474A
VTD: 0005 REDBONE GMD 539 VTD: 0006 PIEDMONT GMD 1494
District: 111
GREENE COUNTY TALIAFERRO COUNTY PUTNAM COUNTY
VTD: 1701 1 VTD: 1702 2 (Part)
Tract: 9601. Block(s): 108, 109, 110, 113, 114, 123, 124, 125
Tract: 9602. Block(s): 145, 146, 148, 149, 156, 157, 158, 159, 167B, 167C, 168A, 168B, 168D, 168E, 169, 170, 186, 187, 188, 189, 190, 191, 192, 308, 318, 402, 403B, 405, 406B, 407A, 407C, 415, 416, 417, 418, 423, 424, 425, 426, 427, 428, 429, 430, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 602A, 602B, 603A, 603B, 604, 605, 606, 607, 608, 609, 610A, 610B, 628, 629, 630, 631, 632, 701, 706, 707, 708, 709
VTD: 1703 3 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 111, 115, 191, 195, 196 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 147, 150, 151, 152, 153, 154, 155, 160, 161, 162, 163, 164, 165, 166, 167A, 168C, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 193, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 235A, 235B, 236, 237, 238, 239, 240, 243, 244A, 244B, 245A, 245B, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 301, 302, 303, 304, 305, 306, 307, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 330, 331, 403A, 404, 406A, 407B, 419, 420, 421, 422
VTD: 1704 4 (Part)
TUESDAY, MARCH 24, 1992
3405
Tract: 9603. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296
WARREN COUNTY VTD: 0001 WARRENTON VTD: 0002 CAMAK VTD: 0003 NORWOOD VTD: 0004 BEALL SPRINGS VTD: 0005 RICKETSON
WILKES COUNTY VTD: 0001 1 (Part) Tract: 9802. Block(s): 233, 234, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260
Tract: 9803. Block(s): 301A, 301B, 302A, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 320, 321, 322, 323, 324, 325, 326,
327, 328, 332, 333, 334, 335, 336, 337, 338, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414A, 416, 417, 418, 419, 420, 421, 422A, 422B, 423A, 423B, 424A, 424B, 424C, 425, 426, 427, 428, 429, 430, 431, 432, 433, 501, 502,
503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527,
528A, 529A, 620A, 621A, 622, 623, 624, 625, 626, 627, 628, 631, 632, 633, 634, 635, 636, 637A, 640A
VTD: 0002 2A (Part)
Tract: 9803. Block(s): 317, 329, 330, 331, 339, 340, 341, 342, 343, 344, 345, 785, 786,
787, 788 VTD: 0003 2B (Part)
Tract: 9803. Block(s): 734, 735, 736, 739, 740, 741, 742, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 790, 791, 792, 793, 794, 795, 796
VTD: 0004 3A VTD: 0005 3B VTD: 0006 4A (Part)
Tract: 9803. Block(s): 109, 110, 114, 115B, 116, 131, 132A, 132B
District: 112
COLUMBIA COUNTY VTD: 0001 PRECINCT TEN (Part) Tract: 0304. Block(s): 321, 322, 323, 330, 331, 332, 333, 334, 335, 447, 448, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 545, 546, 547, 548, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616 VTD: 0003 PRECINCT TWENTYFIVE VTD: 0005 PRECINCTS FORTY AND FIFTY VTD: 0007 PRECINCT SIXTY (Part) Tract: 0303.01 Block(s): 101, 102, 103, 104, 210, 211, 212, 213, 214, 240, 241, 242 VTD: 0016 PRECINCT SIXTYFIVE (Part)
3406
JOURNAL OF THE HOUSE,
Tract: 0303.01 Block(s): 243, 244
LINCOLN COUNTY VTD: 9002 IB (Part) Tract: 9701. Block(s): 301A, 302A, 304A, 304B, 305, 306, 307, 308, 309, 316, 320,
328, 329 VTD: 9003 2
VTD: 9004 3A VTD: 9005 3B VTD: 9006 4 MCDUFFIE COUNTY VTD: 0001 THOMSON VTD: 0002 DEARING (Part)
Tract: 9505. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 141, 142, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 168, 169, 170, 171, 172, 173A, 173B, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 301A, 301B, 302A, 302B, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316A, 316B, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333A, 333B, 334, 335, 336, 337A, 337B, 338, 339, 340, 341, 342, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451A, 451B, 451C, 452, 453, 454, 455, 456, 457
VTD: 0003 MT. AUBURN VTD: 0004 WRIGHTSBORO
District: 113
COLUMBIA COUNTY VTD: 0001 PRECINCT TEN (Part) Tract: 0304. Block(s): 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 549, 552, 553, 701, 702, 703, 704, 705 VTD: 0007 PRECINCT SIXTY (Part) Tract: 0303.01 Block(s): 105, 106, 209, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 245, 246, 247, 281, 293, 294, 295 VTD: 0008 PRECINCT SEVENTY VTD: 0009 PRECINCT EIGHTY (Part) Tract: 0302.03
TUESDAY, MARCH 24, 1992
3407
Block(s): 209, 301, 302, 303, 309 VTD: 0011 PRECINCT ONE HUNDRED VTD: 0012 PRECINCT ONE HUNDRED TEN VTD: 0013 PRECINCT ONE HUNDRED TWENTY VTD: 0014 PRECINCT ONE HUNDRED THIRTY VTD: 0015 PRECINCT ONE HUNDRED THIRTYFIVE VTD: 0016 PRECINCT SIXTYFIVE (Part)
Tract: 0303.01 Block(s): 271, 272, 273, 276, 277, 278, 279, 280, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292
VTD: 0017 PRECINCT ONE HUNDREDTWENTYFIVE VTD: 0018 PRECINCT EIGHTYFIVE
District: 114
COLUMBIA COUNTY VTD: 0009 PRECINCT EIGHTY (Part) Tract: 0302.03 Block(s): 201, 202, 203, 204, 205, 206, 210, 211, 212 VTD: 0010 PRECINCT NINETY
RICHMOND COUNTY VTD: 0022 8A (Part) Tract: 0016. Block(s): 207A, 208A, 213A, 226A VTD: 0055 89-10 (Part) Tract: 0016. Block(s): 203, 204, 207B, 207C, 208B, 213B, 221, 222, 223, 226B, 227C, 229, 302, 303, 304, 305, 306, 307, 308, 311, 312, 315, 316, 319, 320, 321, 322, 323 VTD: 0056 90-1 (Part) Tract: 0101.04 Block(s): 401, 402, 403, 404, 405, 407, 408, 409, 410, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912 VTD: 0057 90-2 VTD: 0058 90-3 VTD: 0060 90-5 VTD: 0066 FG4
District: 115
RICHMOND COUNTY VTD: 0002 1A VTD: 0004 2A VTD: 0005 3 VTD: 0012 5 VTD: 0013 5A VTD: 0015 6 VTD: 0017 6B VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 209, 212, 215, 216, 217, 218, 219A, 227A, 233
3408
JOURNAL OF THE HOUSE,
VXD: 0023 8B VTD: 0024 8C VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0041 88-3 (Part)
Tract: 0016. Block(s): 401, 911B
VTD: 0047 89-2 VTD: 0055 89-10 (Part)
Tract: 0016. Block(s): 202B, 227B
VTD: 0056 90-1 (Part) Tract: 0101.02 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 119, 120, 121, 901, 902, 903, 904, 905, 906, 907, 908, 909A, 909B, 910, 911, 912
VTD: 0059 90-4
District: 116
BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0003 GOUGH VTD: 0004 GREENS CUT AND FOUR POINTS (Part) Tract: 9501. Block(s): 165, 166, 167, 168, 169A, 189, 190, 191, 192, 222, 224, 230, 232, 233, 234, 235, 236, 237, 244, 245, 246, 247, 272, 273, 274, 275, 276, 280, 281, 282, 283, 284, 285, 286, 287, 289, 291, 292 VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 106, 107, 108A, 108B, 127, 128, 201, 202, 203, 204A, 204B, 205, 206A, 206B, 207A, 207B, 207C, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232A, 232B, 232C, 233, 234, 235, 236, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 271, 273, 274, 275, 276, 277, 278A, 278B, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0006 MIDVILLE VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0009 SCOTTS CROSSROAD VTD: 0010 SHELLBLUFF VTD: 0011 ST CLAIR VTD: 0012 VIDETTE VTD: 0014 NORTH WAYNESBORO VTD: 0015 SOUTH WAYNESBORO
RICHMOND COUNTY VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 149, 151, 152, 153 Tract: 0107.04 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 114, 115, 134, 161, 162, 163 Tract: 0108.
TUESDAY, MARCH 24, 1992
3409
Block(s): 901F VTD: 0035 86-7 (Part)
Tract: 0109.01 Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 230A, 237, 238, 239, 240, 422A, 432A, 437A, 438, 439, 440, 441, 442, 443, 444A, 445
VTD: 0053 89-8 VTD: 0063 FGl VTD: 0064 FG2 VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): 901D, 901G, 901H, 901J, 906, 907, 911, 912
VTD: 0068 FG6
District: 117
RICHMOND COUNTY VTD: 0006 3A VTD: 0008 4 (Part) Tract: 0014. Block(s): 401, 402, 404, 406, 407, 408, 409 Tract: 0015. Block(s): 201, 203, 204, 207, 211, 212, 216, 601, 603, 604, 605, 606 Tract: 0104. Block(s): 101A, 102A, 103A, 104A, 105A, 107A, 108A, 112A, 114A, 115A, 201A, 205A, 703A Tract: 0106. Block(s): 401, 407A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0016 6A VTD: 0018 6C VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 148, 150 VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 (Part) Tract: 0103. Block(s): 407, 408, 409, 410, 411, 412, 413, 414A, 414B, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 428 VTD: 0042 88-4
VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7
VTD: 0046 89-1 VTD: 0049 89-4 (Part)
Tract: 0105.05
Block(s): 401, 501, 502, 603, 702, 703, 704, 705, 707, 708, 709, 710, 711,
712, 713, 715, 718, 719, 720, 721, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 816, 817, 818, 919, 920 VTD: 0051 89-6 VTD: 0052 89-7 (Part)
Tract: 0105.05 Block(s): 901, 902, 903, 904, 916, 917
3410
JOURNAL OF THE HOUSE,
Tract: 0105.07 Block(s): 301, 302, 304, 305, 306, 307, 308, 309, 313, 314, 412, 413, 414, 415, 418
District: 118
RICHMOND COUNTY VTD: 0001 1 VTD: 0003 2 VTD: 0007 3B VTD: 0008 4 (Part) Tract: 0015. Block(s): 101B, 104, 105, 106, 107, 108, 110, 202, 205, 206, 208, 209, 210, 213, 214, 301, 302, 303, 304, 310, 401, 402, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 501, 508, 510, 511, 512, 513, 515 VTD: 0009 4A VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 141, 142, 143, 144, 145, 146, 147 Tract: 0107.04 Block(s): 101, 148, 149, 150, 151, 152, 153, 154 VTD: 0048 89-3 VTD: 0049 89-4 (Part) Tract: 0105.05 Block(s): 201, 301, 601, 602, 701, 706, 714, 716, 717, 722, 723 VTD: 0050 89-5 (Part) Tract: 0105.09 Block(s): 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 828, 829, 830, 831, 832, 833, 835
District: 119
BURKE COUNTY VTD: 0004 GREENS CUT AND FOUR POINTS (Part) Tract: 9501. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 117, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 223, 225, 226, 227, 228, 229, 231, 238, 239, 240, 241, 242, 243, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 277, 278, 279, 288, 290, 293, 294, 295, 296, 297 VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 124, 125, 126, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 237, 238, 239, 240, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 272
RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2
TUESDAY, MARCH 24, 1992
3411
VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247
VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 112, 113, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160
VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0035 86-7 (Part)
Tract: 0109.01 Block(s): 201, 202, 203, 204, 227, 228, 229, 230B, 231, 232, 233, 234, 235, 236, 341, 342, 392, 394, 395, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422B, 423, 432B, 433, 434, 435, 436, 437B, 444B, 446, 447, 448, 449, 450
VTD: 0036 86-8 VTD: 0050 89-5 (Part)
Tract: 0105.09 Block(s): 721, 722, 723, 724, 725, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 834, 836, 837
Tract: 0107.05 Block(s): 104
District: 120
GLASCOCK COUNTY JEFFERSON COUNTY COLUMBIA COUNTY
VTD: 0002 PRECINCTS TWENTY AND THIRTY VTD: 0019 PRECINCT SEVENTYFIVE MCDUFFIE COUNTY VTD: 0002 DEARING (Part)
Tract: 9505. Block(s): 451D
WARREN COUNTY VTD: 0006 PAN HANDLE
District: 121
HANCOCK COUNTY WASHINGTON COUNTY BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 139, 150, 152, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 353, 354, 367, 368, 369 Tract: 9702. Block(s): 524 Tract: 9707. Block(s): 126
3412
JOURNAL OF THE HOUSE,
VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 330A, 333, 334, 337, 338, 339, 340, 341, 401, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 506, 515, 516
VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 302A, 303A, 304A, 307A, 308, 309, 310A, 311A, 318, 319, 320, 321, 424, 425, 548A
VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421
VTD: 0010 CMC 320G (Part) Tract: 9705. Block(s): 139, 140, 141 Tract: 9706. Block(s): 101 Tract: 9707. Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 546, 547, 548B, 548C Tract: 9708. Block(s): 101, 102, 103, 104, 105A, 118A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129
VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 423, 424, 425, 426, 427, 430, 431, 504, 505, 506, 513
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 132, 133
District: 122
BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107D, 107E, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185B, 201, 202, 203, 204, 205, 309, 347, 348, 349, 350, 351, 352, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383 Tract: 9702. Block(s): 342B VTD: 0002 NORTH BALDWIN 318 VTD: 0003 WEST BALDWIN 319 VTD: 0004 EAST MILLEDGEVILLE 320E (Part)
TUESDAY, MARCH 24, 1992
3413
Tract: 9702. Block(s): 335, 336A, 505, 507, 508, 509, 510, 511, 512, 513, 514, 517, 518, 519, 520, 521, 522, 523
VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 140A, 201A, 201B, 217A, 218A, 219, 220, 221, 222A, 223, 224, 312A, 313, 314A, 315, 316, 317, 401A, 402, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 501A, 501B, 502, 503A, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518
VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part)
Tract: 9703. Block(s): 230B
Tract: 9704. Block(s): 308B, 309A, 310A, 311A, 311B, 312, 313, 314, 315, 316, 317, 318, 319, 324, 325, 428, 429, 507, 508, 509
Tract: 9705. Block(s): 109, 110, 111, 112, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 325A, 326A, 326B, 343A, 345, 346A, 346B, 349, 350A, 351, 352, 353, 354, 355, 356A, 357, 358, 359A, 360, 362A
VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 201A, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218 Tract: 9708. Block(s): 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 231
VTD: 0010 CMC 320G (Part) Tract: 9705. Block(s): 137, 138 Tract: 9706. Block(s): 102B, 106B, 107B, 201B Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 115, 116, 128, 131, 138, 139, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 310B, 311B, 312B, 314B, 401B, 403, 404B, 404C, 409, 410, 411, 412, 413, 414, 415B, 418B, 419, 420B, 421, 426, 427, 428, 501C, 503B, 515B, 516, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 549, 550
VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422, 501, 502, 503, 510, 511, 512, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529
Tract: 9705.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 142, 143
VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part)
Tract: 9704.
Block(s): 106, 107, 108, 109, 114, 115, 116, 218, 219, 220, 301, 302, 303, 304, 305, 306, 320, 321, 322, 323, 326, 327
3414
JOURNAL OF THE HOUSE,
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302
PUTNAM COUNTY VTD: 1702 2 (Part) Tract: 9601. Block(s): 206, 207 VTD: 1703 3 (Part) Tract: 9601. Block(s): 112, 116, 117, 118, 119, 120, 121, 122, 126, 127, 131, 132, 133, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 150, 189, 190, 192, 193, 194 VTD: 1704 4 (Part) Tract: 9601. Block(s): 128, 129, 130, 134, 135, 136, 143, 148, 149, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 197, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256 Tract: 9602. Block(s): 401, 408, 409, 410, 411, 412, 413, 414, 601 Tract: 9603. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 297
District: 123
WILKINSON COUNTY TWIGGS COUNTY JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0302. Block(s): 174, 302, 303, 304, 305, 306, 310 Tract: 0303. Block(s): 303, 305, 306, 309, 310, 312, 313B, 318B, 320, 321, 322, 323, 345, 346, 349, 351, 352, 353, 354, 355, 356, 357, 465B
VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS VTD: 0007 DAVIDSON VTD: 0008 ROBERTS 4
TUESDAY, MARCH 24, 1992
3415
District: 124
BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0013 GODFREY 04 VTD: 0034 VINEVILLE 01 (Part) Tract: 0102. Block(s): 101 Tract: 0106. Block(s): 101, 102, 103, 106, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 215, 216, 217, 402 Tract: 0107. Block(s): 101, 102, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 151, 152, 155, 156, 201, 202B, 203, 244, 253B, 255, 301, 302, 303, 304, 305, 314, 316B, 317, 318, 319, 320, 321, 322, 324, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343 Tract: 0108. Block(s): 102, 103, 104, 106, 107, 108, 109, 110, 112, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 204, 205, 206, 208, 210, 211, 213, 214, 220, 221, 223, 224, 225, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325
District: 125
BIBB COUNTY VTD: 0007 EM07 VTD: 0014 GODFREY 05 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 (Part) Tract: 0132.01 Block(s): HOB, 111, 112, 113, 114, 115B, 116, 117, 118B, 119B, 119C, 120B, 121C, 121D, 123, 124, 201B, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211A, 211B, 212A, 212B Tract: 0132.02 Block(s): 102B, 102D, 103A, 103B, 113A, 113B, 113C, 113D, 114A, 114B Tract: 0134.97 Block(s): 122 Tract: 0136.01 Block(s): 201, 202, 203, 205, 206, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0136.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110A, HOB, 111A, 111B, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 122
3416
JOURNAL OF THE HOUSE,
VTD: 0024 HO 01 (Part) Tract: 0121. Block(s): 102A Tract: 0134.97 Block(s): 208A, 209A, 210A, 216A, 217A, 220
VTD: 0025 HO 02 (Part) Tract: 0121. Block(s): 102C, 102D, 102E, 103, 207D, 208, 209, 210C, 211, 212, 213B, 223B Tract: 0122. Block(s): 226 Tract: 0132.01 Block(s): 101B, 121E Tract: 0134.97 Block(s): 101, 102, 103, 104, 105, 106, 107, 108B, 115, 116, 117, 118, 119, 120, 121, 123, 206D, 207, 208B, 209B, 210B, 211, 212, 213, 214, 215, 216B, 217B, 218, 219, 304B, 305, 308, 309, 310, 317, 318, 319, 320, 321
VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0045 WA 01 (Part)
Tract: 0136.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 219, 220, 221, 501, 502, 503, 510, 511, 512
VTD: 0046 WA 02 VTD: 0047 HAZARD 02
District: 126
BIBB COUNTY VTD: 0009 EM09 VTD: 0024 HO 01 (Part) Tract: 0121. Block(s): 102B, 202, 203, 204, 205, 206, 207A, 207B, 207C, 210A, 210B, 213A, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Tract: 0134.97 Block(s): 108A, 109, 110, 111, 112, 113, 114 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0038 VINEVILLE 05 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0044 MACON 01 (Part) Tract: 0122. Block(s): 105A, 105B, 115, 116, 117 Tract: 0123. Block(s): 301, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 501A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521 Tract: 0124. Block(s): 112
TUESDAY, MARCH 24, 1992
3417
District: 127
BIBB COUNTY VTD: 0012 GODFREY 03 VTD: 0015 GODFREY 06 VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 (Part) Tract: 0101. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136 Tract: 0102. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110 Tract: 0103. Block(s): 101 Tract: 0108. Block(s): 111 VTD: 0035 VINEVILLE 02 (Part) Tract: 0101. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0102. Block(s): 111, 112, 113, 114 Tract: 0103. Block(s): 102, 201 VTD: 0036 VINEVILLE 03 (Part) Tract: 0103. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237 Tract: 0104. Block(s): 101, 103, 122, 124 Tract: 0105. Block(s): 101, 102, 103, 104, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 314, 315, 316 Tract: 0106. Block(s): 206, 207, 213, 214, 401, 403 VTD: 0037 VINEVILLE 04 VTD: 0043 MACON 02 VTD: 0044 MACON 01 (Part)
3418
JOURNAL OF THE HOUSE,
Tract: 0123. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320
District: 128
BIBB COUNTY VTD: 0045 WA 01 (Part) Tract: 0136.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 Tract: 0136.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 414, 504, 505, 506, 507, 508, 509, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610 VTD: 0048 HAZARD 04
CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A
HOUSTON COUNTY VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 301A, 302, 303, 304, 308B, 309, 310, 313B VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0206. Block(s): 202A, 202B, 202C, 202D, 203, 204A, 205, 206, 207A, 901E VTD: 0007 PKWD VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 224, 225, 226, 227, 228, 229, 230, 231, 401A, 401B, 401D, 401E, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 410, 414, 415, 417, 418, 419, 420, 421, 422A, 422B, 423, 424, 425 VTD: 0012 CENT
PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON
District: 129
PIKE COUNTY UPSON COUNTY
District: 130
TROUP COUNTY VTD: 0001 LAGRANGE ONE VTD: 0002 LAGRANGE TWO (Part) Tract: 9604.
TUESDAY, MARCH 24, 1992
3419
Block(s): 429, 430, 431, 432, 433 Tract: 9608.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 224, 225, 226, 227, 310, 311, 317, 318, 319, 320, 321, 322, 323, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439
Tract: 9609. Block(s): 103, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 301, 302, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 513A, 513B, 513C, 514, 524A, 525, 526A, 529A, 530A, 530B, 533A, 559, 560, 561A, 562, 563, 564A, 565, 566, 567
VTD: 0003 LAGRANGE THREE VTD: 0006 HOGANSVILLE VTD: 0007 EAST VERNON VTD: 0009 MOUNTVILLE (Part)
Tract: 9605. Block(s): 101, 102, 103, 104, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 164B, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195
VTD: 0010 MCLENDON VTD: 0011 LONG CANE VTD: 0012 WEST VERNON VTD: 0015 HIGHLANDS (Part)
Tract: 9607. Block(s): 410, 411, 412, 413, 414, 415A, 415B, 415C, 416, 417, 418, 419
District: 131
COWETA COUNTY VTD: 0002 SECOND (MORELAND) VTD: 0014 FIFTH (NEWMAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part) Tract: 1706. Block(s): 401A, 413A, 413C, 414B, 415A, 417A, 418A, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 438, 439, 440, 517 VTD: 0017 SEVENTEENTH (NEWNAN)
MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 325, 529, 530, 531, 532, 533, 534, 535, 536, 537, 540, 629, 631, 632, 639, 640, 647, 714A, 716, 723, 724, 736, 737 VTD: 0008 GILL TWO VTD: 0011 ODESSADALE-SEVENTH VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH
TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part)
3420
JOURNAL OF THE HOUSE,
Tract: 9608. Block(s): 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 133, 134, 221, 222, 223, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 324, 325, 417, 418, 419, 420, 421, 422, 423, 424
Tract: 9609. Block(s): 101, 102, 104, 105, 106, 107, 201, 202, 203A, 203B, 203C, 204, 205A, 205B, 206, 207, 208, 209, 210, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 319, 320, 511, 512
VTD: 0004 LAGRANGE FOUR VTD: 0009 MOUNTVILLE (Part)
Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 113, 120, 121, 122, 123, 124, 125, 126, 127, 134, 135, 136, 137, 138, 141, 143, 144, 158, 159, 160, 161, 162, 163
Tract: 9611. Block(s): 101, 104
VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part)
Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217, 232, 233, 234, 235
Tract: 9607. Block(s): 308B, 309, 337, 338
District: 132
MUSCOGEE COUNTY VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 Block(s): 101, 102, 104, 105, 107, 108, 111, 112, 113, 117, 119, 120, 121, 122, 123, 124, 125, 126, 129, 131, 133, 134, 135, 137, 144, 145, 150, 151, 152, 153 Tract: 0104.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 127, 201, 202, 203, 204, 902 VTD: 0024 NORTH HIGHLAND (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0006.
Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218
Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 306, 307, 308,
309, 401, 402, 403, 407, 408, 411, 414 Tract: 0110.
Block(s): 119B, 122 VTD: 0028 BIBB CITY VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES
TUESDAY, MARCH 24, 1992
3421
VTD: 0033 FORTSON VTD: 0035 32B
District: 133
MUSCOGEE COUNTY VTD: 0008 CARVER (Part) Tract: 0028. Block(s): 305, 306 Tract: 0029.01 Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117 VTD: 0009 RIGDON (Part) Tract: 0020. Block(s): 117, 201, 202, 203, 204, 205, 206 VTD: 0010 DIMON (Part) Tract: 0029.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 221, 222, 223, 224, 225 Tract: 0107.01 Block(s): 117, 119, 120, 134, 201, 202, 203, 204, 205, 208, 209, 210, 212, 213, 215, 216, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230 Tract: 0107.02 Block(s): 113, 114, 115, 116, 117, 118, 119, 136, 137, 201, 202, 221, 222, 223, 224, 225, 226, 228 VTD: 0011 DAWSON (Part) Tract: 0107.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 135 Tract: 0107.02 Block(s): 101, 104, 105, 106, 107, 108, 109, 110, 111, 122, 123, 125, 126, 127, 128, 129, 130, 132, 134, 135 VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD (Part) Tract: 0021. Block(s): 101, 119, 120, 204, 205, 206, 207, 208, 213 VTD: 0016 GENTIAN (Part) Tract: 0010. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 216, 217, 218, 219, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 323, 325, 326 VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 107, 108, 109, 111, 112, 113, 114 VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING
District: 134
CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part) Tract: 0202. Block(s): 901A
MUSCOGEE COUNTY VTD: 0004 BAKER
3422
JOURNAL OF THE HOUSE,
VTD: 0005 SAINT MARY S VTD: 0008 CARVER (Part)
Tract: 0028. Block(s): 401, 402, 403, 404, 407, 408
Tract: 0029.02 Block(s): 101
VTD: 0010 DIMON (Part) Tract: 0029.01 Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 227, 229 Tract: 0107.02 Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 227, 229, 230
VTD: 0011 DAWSON (Part) Tract: 0107.02 Block(s): 102, 103, 121
VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING
District: 135
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 212, 213, 214, 215, 216, 217, 218, 219, 220,
221, 223 Tract: 0015.
Block(s): 401, 403, 404, 405, 406, 407, 408, 409, 413, 415, 416, 417, 418,
428, 429, 430, 431, 434, 435, 436, 437, 438 Tract: 0016.
Block(s): 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618 VTD: 0006 WYNNTON VTD: 0015 EDGEWOOD (Part)
Tract: 0021. Block(s): 102, 103, 104, 105, 108, 109, 110, 111, 112, 113, 115, 116, 117, 122, 123, 214, 215, 216, 217, 218, 219, 220, 223
Tract: 0105. Block(s): 104, 106, 109, 202, 203, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 305, 306, 307, 316, 317
VTD: 0016 GENTIAN (Part) Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 209, 210, 211, 212, 213, 214, 316, 317, 318, 319, 320, 321, 322, 324
VTD: 0019 REESE ROAD VTD: 0021 MIDLAND VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310
Tract: 0016. Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 310, 311, 312, 313, 404, 405, 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615
TUESDAY, MARCH 24, 1992
3423
VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW (Part)
Tract: 0011. Block(s): 101, 102, 103, 104, 105, 106, 110, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 127, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322
VTD: 0029 JOHNSON
District: 136
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE (Part) Tract: 0001. Block(s): 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 222 Tract: 0024. Block(s): 109, 110, 111, 112, 113, 114, 116, 120 Tract: 0025. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 503, 504, 505, 506, 507, 509, 901 Tract: 0026. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 201, 202, 203, 204, 205, 206, 209, 210 VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0007 BRITT VTD: 0008 CARVER (Part) Tract: 0022. Block(s): 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 414, 416 Tract: 0028. Block(s): 301, 302, 303, 304, 405, 406, 501, 502, 503, 504, 505, 506, 601, 602, 603, 604, 801, 802, 803, 805, 806, 808 VTD: 0009 RIGDON (Part) Tract: 0020. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 VTD: 0015 EDGEWOOD (Part) Tract: 0021. Block(s): 201, 202, 203, 209, 210, 211, 212, 221 VTD: 0038 3A3 FORT BENNING
District: 137
CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part) Tract: 0201. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163,
3424
JOURNAL OF THE HOUSE,
164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A,
169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179,
180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192,
193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208,
209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221,
222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234,
235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247,
248, 249, 250
Tract: 0202.
Block(s): 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907,
908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920,
921 MARION COUNTY
VTD: 0010 DRANEVILLE VTD: 0015 DOYLE VTD: 0020 TAZEWELL VTD: 0025 FORT PERRY VTD: 0030 PINEKNOT VTD: 0035 BRANTLEY MERIWETHER COUNTY VTD: 0005 WOODBURY-LOWER NINTH VTD: 0006 CHALYBEATE AND LOVE VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 326, 327, 328, 628, 630, 633, 634, 635, 636, 637, 638, 641, 642, 643, 644, 645, 646, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714B, 715, 717, 718, 719, 720, 721, 722, 725, 726, 727, 728, 729, 730, 731, 732, 733, 738, 739
VTD: 0009 WARM SPRINGS VTD: 0010 DURAND SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part)
Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B, 179, 180A, 180B, 186, 187, 188, 189, 190, 191, 192, 194, 195A, 195B, 196, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217A, 217B, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 256, 257A, 257B, 258A, 258B, 259A, 259B, 260, 261, 262A, 262B, 263
Tract: 9602. Block(s): 101, 102, 103, 104, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
SUMTER COUNTY
TUESDAY, MARCH 24, 1992
3425
VTD: 0025 CONCORD NEW 26 VTD: 0035 AMERICUS 27 (Part)
Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141C, 141D, 142, 149A, 149C, 150, 151, 152, 301A, 301B, 301C, 301E, 302, 307, 308, 309, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 317, 318, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405, 406, 407, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430
Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 221, 222, 223, 224, 225, 501, 502, 503, 504, 505, 506, 507, 508, 509
Tract: 9506. Block(s): 101, 126, 128, 129, 130, 145, 146, 147, 148, 149
Tract: 9507. Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407C, 408A, 408B, 409B, 409C, 409E, 417, 426
VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 177, 178, 179, 180, 192, 193, 194, 195 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 154, 155, 401, 431, 433
VTD: 0045 ANDERSONVILLE TALBOT COUNTY
VTD: 3002 FLINT HILL VTD: 3003 GENEVA VTD: 3004 JUNCTION CITY VTD: 3006 PRATTSBURG VTD: 3007 TALBOTTON VTD: 3008 VALLEY TAYLOR COUNTY VTD: 0001 1 VTD: 0003 3
VTD: 0004 4
VTD: 0005 5
VTD: 0006 6
VTD: 0007 7 (Part)
Tract: 9501.
3426
JOURNAL OF THE HOUSE,
Block(s): 172, 173, 174 Tract: 9502.
Block(s): 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A, 158B, 159, 160A, 160B, 162, 172, 173, 174A, 174B, 175, 176A, 176B, 177, 178, 179, 180, 181, 182, 183, 184, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229B, 230B, 232B, 233, 234, 235, 236, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252. 253, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262, 263, 268, 269, 270, 271, 275, 294, 295, 296, 297
Tract: 9503. Block(s): 101, 102, 104, 107, 108
VTD: 0008 8 VTD: 0009 9
District: 138
PULASKI COUNTY CRISP COUNTY
VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 150, 156, 164, 165, 166, 167, 168, 169, 170, 248, 249, 250, 252A, 252B, 253 Tract: 9803. Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 236, 237, 238, 239, 240, 241, 242, 247, 248, 249, 250, 251, 252, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 430, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544
TUESDAY, MARCH 24, 1992
3427
Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120
VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY DOOLY COUNTY VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516 VTD: 0004 DRAYTON 633 (Part)
Tract: 9703. Block(s): 359, 360, 361, 365, 367, 386, 387, 388, 395, 396, 397
HOUSTON COUNTY VTD: 0004 RECR (Part) Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 204B, 901B, 901C, 901D, 901F, 901G, 901H, 901J, 901K, 901L, 907A, 907B, 908A, 908B, 909A VTD: 0009 LII VTD: 0010 UII (Part) Tract: 0211.02 Block(s): 107B, 108, 109, 111A, 111B, 112B, 113A, 113B, 114B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 142, 143, 301, 304 Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 202, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345 VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 302, 303, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0211.03 Block(s): 334, 335, 336 Tract: 0212. Block(s): 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 206 VTD: 0014 N13 (Part) Tract: 0215.01 Block(s): 101, 102, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 151, 152, 153, 154 Tract: 0215.02 Block(s): 254, 255 VTD: 0015 12TH VTD: 0016 TOWN (Part)
Tract: 0212.
Block(s): 204, 205, 207, 208, 209, 210, 211B, 212, 213B, 301, 302, 303A, 303B
Tract: 0213.
Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 108, 109A, 109B, 110, 111, 112, 114, 116, 117A, 117B, 310, 311D, 314, 315, 316, 317, 334, 336, 430B, 431, 432
Tract: 0214.
3428
JOURNAL OF THE HOUSE,
Block(s): 301, 302, 303, 304, 305A, 305B, 306A, 306B, 328A, 328B, 329, 330, 331, 332, 401, 402B, 407, 408, 507, 525, 526, 527, 528, 529, 530
Tract: 0215.02 Block(s): 143B, 144, 145
SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9505. Block(s): 114B, 114C, 114D, 115, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 233A, 233B, 233C, 234, 235 Tract: 9506. Block(s): 216, 217, 218, 219, 220, 221, 222, 223, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 9507. Block(s): 227, 228, 229, 230, 231, 232, 233, 407B, 409A, 409D, 409F, 409G, 410, 411, 412, 413, 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B, 416C, 418, 419, 420, 421, 422, 423, 424, 425, 427, 432, 435 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 171, 172, 173, 174, 175, 176, 181, 182, 183, 196, 197 Tract: 9502. Block(s): 432 Tract: 9507. Block(s): 101, 102, 103, 119, 120, 121, 122 Tract: 9508. Block(s): 202, 203, 204, 205
District: 139
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 219, 220, 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235, 236, 237, 241A Tract: 0207. Block(s): 203A, 203C, 203D, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409, 413, 414 Tract: 0208. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 301, 401, 402, 901A, 901B, 901C Tract: 0211.01 Block(s): 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110 VTD: 0002 MILL VTD: 0003 MSSH (Part) Tract: 0202. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119 Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 401, 403, 411, 412, 413, 414, 415, 416, 417, 423, 424, 425, 426, 427, 428, 429 VTD: 0004 RECR (Part)
TUESDAY, MARCH 24, 1992
3429
Tract: 0203. Block(s): 103, 104, 105, 106, 107
Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212. 213, 214, 215, 216, 901, 902, 903, 904, 905, 906
Tract: 0205. Block(s): 108, 109, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213. 214, 215, 226, 229, 230, 231, 232
Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121
VTD: 0006 RUSS VTD: 0008 NSJH (Part)
Tract: 0201.02 Block(s): 302B, 302C, 304, 305, 306A, 306B, 306C, 307A, 307B, 307C, 309A, 309B, 401C, 401F, 401G, 411, 412, 413, 416, 426, 427, 428
VTD: 0010 UII (Part) Tract: 0211.02 Block(s): 101A, 101B, 106E, 116A, 116B
VTD: 0013 ANNX VTD: 0017 WRJH
District: 140
MACON COUNTY CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B IB CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 215C, 215D, 215E, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 251, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265A, 265B, 266A, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323A, 323B, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367
Tract: 9802. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 175, 176, 177, 178, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 184, 185, 186, 187, 193, 194, 195, 196A, 196B, 197A, 197B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223,
3430
JOURNAL OF THE HOUSE,
224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 328, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 454C, 454D, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619 Tract: 9803. Block(s): 203B, 209, 210, 211, 212, 232, 233, 234, 235, 243, 244, 245, 246, 253, 254, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370 Tract: 9804. Block(s): 207, 208, 209, 210, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441 DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 280, 281, 282, 283, 284, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 352, 353, 354, 355, 356, 357, 358, 362, 363, 364, 366, 381 VTD: 0005 FINDLAY 1552 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 (Part) Tract: 9702. Block(s): 202A, 202B, 209A, 209B, 210A, 210B, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 222A, 222B, 223, 224, 225, 226, 227, 268, 269, 270, 271, 272, 273, 275, 277, 278 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671 SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 148, 149, 150, 151, 152, 153A, 153B, 153C, 154, 181, 182, 183A, 183B, 184, 185, 193, 197, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 208, 242, 243, 255 Tract: 9602.
Block(s): 105, 106, 107, 180
TAYLOR COUNTY
VTD: 0002 2
VTD: 0007 7 (Part)
Tract: 9502.
TUESDAY, MARCH 24, 1992
3431
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 161, 163, 164, 165, 166, 167, 168, 169, 170, 171, 185, 229A, 230A, 231, 232A
District: 141
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 238, 239, 240A, 240B, 241B, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 201A, 201B, 202, 203B, 204A, 204B, 204C, 301, 302, 303, 304, 305, 306, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 415, 416, 417, 418 Tract: 0211.01 Block(s): 101A, 101B, 114A, 114B, 115A, 115B VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 305, 306A, 306B, 308A, 311, 312, 313A, 314, 315, 316, 317, 318, 319 Tract: 0203. Block(s): 214, 215, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 402, 404, 405, 406, 407, 408, 409, 410, 418, 419, 420, 421, 422 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 101A, 101B, 102A, 102B, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126 Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113A, 113B, 114A, 114B, 115, 116, 117, 201, 216 Tract: 0206. Block(s): 202E, 207B, 208, 901A, 902, 903, 904, 905, 906, 907C, 909B VTD: 0008 NSJH (Part) Tract: 0201.02 Block(s): 301A, 301B, 301C, 302A, 303A, 303B, 308 VTD: 0010 UII (Part) Tract: 0211.01 Block(s): 113B Tract: 0211.02 Block(s): 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106F, 107A, 110, 112A, 114A, 115A, 115B, 117, 136, 137, 138 Tract: 0211.03 Block(s): 201, 203A, 214 VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 305 Tract: 0212. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 113
3432
JOURNAL OF THE HOUSE,
VTD: 0014 N13 (Part) Tract: 0213. Block(s): 332 Tract: 0215.01 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 Tract: 0215.02 Block(s): 267, 268
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 211A, 213A, 214, 215, 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 107, 113A, 113B, 113C, 115A, 115B, 115C, 115D, 117C, 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309A, 309B, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 335, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 428A, 428B, 429A, 429B, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 307A, 307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 402A, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513
PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3
District: 142
BLECKLEY COUNTY
DODGE COUNTY LAURENS COUNTY
VTD: 0007 BURCH VTD: 0009 CADWELL VTD: 0015 LOWERY VTD: 0018 REEDY SPRINGS TELFAIR COUNTY
TUESDAY, MARCH 24, 1992
3433
VTD: 0001 MCRAE (Part) Tract: 9501. Block(s): 101A, 101B, 101C, 101E, 102, 103, 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 128, 129, 130, 131A, 131B, 131C, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152C, 153, 154, 155, 156A, 156B, 156C, 156D, 157, 158A, 159, 219B, 228B, 229, 230A, 230B, 231, 232, 233B, 246B, 247B, 276B, 278, 279, 280, 281, 282, 283, 310B, 333B, 334B, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352B, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390A, 390B, 391, 392, 393, 394, 395, 396, 397, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441A, 441B, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458A, 458B, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 520B, 529A, 530, 534A, 534B, 536, 537, 538, 539, 540, 541, 542, 543, 544A, 544B, 545A, 545B, 545C, 546, 550A
VTD: 0002 MILAN (Part) Tract: 9502. Block(s): 109A, 110A, 113A, 120A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144A, 145, 146A
VTD: 0006 HELENA
District: 143
LAURENS COUNTY VTD: 0001 NATIONAL GUARD VTD: 0002 SHAMROCK VTD: 0003 CALHOUN PARK VTD: 0004 BETHSADIA VTD: 0005 BAILEY VTD: 0006 BUCKEYE VTD: 0008 BURGAMY VTD: 0010 CARTER VTD: 0011 DUDLEY VTD: 0012 HAMPTON MILL VTD: 0013 HARVARD VTD: 0014 JACKSON
3434
JOURNAL OF THE HOUSE,
VTD: 0016 OCONEE VTD: 0017 PINETUCKY VTD: 0019 ROCKLEDGE VTD: 0020 SMITH
District: 144
EMANUEL COUNTY JOHNSON COUNTY TREUTLEN COUNTY
District: 145
JENKINS COUNTY CANDLER COUNTY BULLOCH COUNTY
VTD: 0001 STATESBORO (Part) Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143B, 144B, 145, 146, 147, 148, 149, 150, 151, 152, 211, 212, 213, 214, 217, 219, 220, 221, 222, 223, 224, 225, 226, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 270, 281, 282, 283, 284, 285, 295, 296, 297, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474 Tract: 9904. Block(s): 303B, 308A, 308B, 309, 310, 311, 411B, 426B, 426C, 429B, 430, 431, 432, 433A, 433B, 434, 435, 436, 437, 438, 515B, 516, 521B, 522B. 523, 524B, 525B, 526B, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 603C, 608B, 610B, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624 Tract: 9905. Block(s): 503B, 504B, 522B, 523, 524, 525, 526, 527, 528, 529 Tract: 9906. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428 Tract: 9907. Block(s): 403, 405, 406
VTD: 0005 BROOKLET VTD: 0006 STILSON VTD: 0007 BAY VTD: 0008 NEVILS VTD: 0009 REGISTER VTD: 0010 EMIT VTD: 0011 SINKHOLE VTD: 0012 PORTAL
TUESDAY, MARCH 24, 1992
3435
District: 146
SCREVEN COUNTY BULLOCH COUNTY
VTD: 0001 STATESBORO (Part) Tract: 9902. Block(s): 110, 111, 112, 113, 114, 115, 116, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137A, 137B, 138A, 138B, 139A, 139B, 140, 141, 142, 143A, 143B, 144A, 144B, 145A, 1456, 146, 147, 148, 258, 259, 260, 261, 263, 264, 265, 266, 267, 268, 271, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317, 318, 319, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331A, 331B, 332, 333A, 333B, 334A, 334B, 335A, 335B, 336, 337, 401A, 401B, 402, 403, 404, 405, 406, 407A, 407B, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614A, 614B, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633 Tract: 9903. Block(s): 130A, 143A, 144A Tract* 9904 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 301, 302, 303A, 304, 305, 306, 307, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426A, 427, 428, 429A, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518, 519, 520, 521A, 522A, 524A, 525A, 526A, 527, 601, 602, 603A, 603B, 604, 605, 606, 607, 608A, 609, 610A Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310,
3436
JOURNAL OF THE HOUSE,
311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 501A, 501B, 502, 503A, 504A, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522A Tract: 9906. Block(s): 141, 142, 143, 144, 152, 153, 154, 155, 156, 157, 201, 202A, 202B, 203, 204A, 204B, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321A, 321B, 321C, 322, 323A, 323B, 324, 509, 510A, 510B, 510C, 511, 512, 513, 514, 515, 516, 517, 520, 535, 536, 537A, 537B, 538A, 538B VTD: 0002 LOCKHART VTD: 0003 BLITCH VTD: 0004 HAGIN
District: 147
EFFINGHAM COUNTY BRYAN COUNTY
VTD: 0001 NINETEENTH VTD: 0002 MILL CREEK VTD: 0003 RICHMOND HILL VTD: 0006 FORT STEWART (Part)
Tract: 9202. Block(s): That portion of Block 901E which lies north of Georgia State Highway 144.
VTD: 0007 BLITCHTON
District: 148
CHATHAM COUNTY VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 201A, 202A, 212, 301B, 310B, 311B, 405, 406A, 406B, 407A, 407B, 409, 410A, 410B, 411 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 206 VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0026 3-3 (Part) Tract: 0036.01
TUESDAY, MARCH 24, 1992
3437
Block(s): 308, 309, 310, 311, 312, 313, 314 Tract: 0037.
Block(s): 108, 109, 110, 111, 112, 113, 118, 119, 120, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216
VTD: 0027 3-4 VTD: 0028 3-5 VTD: 0030 3-7 VTD: 0034 4-1 (Part)
Tract: 0036.01 Block(s): 401B, 402
VTD: 0035 4-2 VTD: 0036 4-3 (Part)
Tract: 0111.01 Block(s): 507
VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 407, 408, 409, 410
District: 149
CHATHAM COUNTY VTD: 0009 1-9 VTD: 0024 3-1 VTD: 0025 3-2 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 101A, 103, 104, 131, 401A, 401B, 413B, 414A, 414B VTD: 0053 5-8 (Part) Tract: 0105.02 Block(s): 106, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 VTD: 0061 6-6 VTD: 0077 8-2 (Part) Tract: 0105.01 Block(s): 201, 212B, 213 Tract: 0106.01 Block(s): 620B Tract: 0106.04 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129B, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155 Tract: 0106.05 Block(s): 169A, 170A, 171A, 172A VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9
3438
JOURNAL OF THE HOUSE,
VTD: 0085 8-10 VTD: 0086 5-11
District: 150
CHATHAM COUNTY VTD: 0053 5-8 (Part) Tract: 0105.02 Block(s): 102, 103, 104, 105 VTD: 0064 6-9 VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 VTD: 0073 7-9 VTD: 0074 7-10 VTD: 0075 7-11 VTD: 0076 8-1 VTD: 0077 8-2 (Part) Tract: 0106.01 Block(s): 315, 620A Tract: 0106.04 Block(s): 129A, 130, 131A Tract: 0106.05 Block(s): 101, 102B, 103, 104, 117, 118, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146C, 147, 148, 149, 150, 151B, 152B, 153, 154B, 162, 163, 164, 165, 166, 167, 168, 169B, 170B, 171B, 172B, 175 Tract: 0106.99 Block(s): 146Z
District: 151
CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0018 2-5 VTD: 0029 3-6 VTD: 0031 3-8 VTD: 0033 3-10 VTD: 0046 5-1 VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part) Tract: 0012. Block(s): 112 Tract: 0033.02 Block(s): 201, 206, 207 Tract: 0045.
TUESDAY, MARCH 24, 1992
3439
Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134A, 134B, 134C, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 214C, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A
VTD: 0054 5-9 VTD: 0055 5-10
District: 152
CHATHAM COUNTY VTD: 0007 1-7 VTD: 0010 1-10 VTD: 0011 1-11 VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 301A, 302, 303, 304, 305, 306, 307, 308, 309, 310A, 311A, 312, 313, 314, 315, 404, 408, 412A, 412B Tract: 0040.02 Block(s): 101, 102, 103, 104A, 104B, 105, 118A, 118B Tract: 0102. Block(s): 312A, 312B, 312C, 313A, 313B, 313C VTD: 0032 3-9 VTD: 0044 4-11 (Part) Tract: 0041. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 140, 201, 202, 203, 204, 205, 206, 207, 208, 209 Tract: 0110.03 Block(s): 103 VTD: 0045 4-12 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 VTD: 0063 6-8
District: 153
CHATHAM COUNTY VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 202, 203, 204, 205, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312D, 314, 315, 316 VTD: 0026 3-3 (Part) Tract: 0036.01 Block(s): 103, 108, 109, 115, 116, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306A, 307 Tract: 0036.02 Block(s): 101A Tract: 0037. Block(s): 201A, 201B, 202, 203, 204, 205, 206 Tract: 0101.01 Block(s): 323
3440
JOURNAL OF THE HOUSE,
VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101, 102A, 102B, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119, 306B, 401A, 403, 404A, 404B, 405, 406, 407, 408, 409 Tract: 0036.02 Block(s): 101D, 312B Tract: 0101.01 Block(s): 301, 302, 303, 314A, 314B, 314C, 315, 316, 317, 318A, 318B, 319, 320, 321A, 321B, 321C, 321D, 322, 329A, 329B
VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401, 402, 403, 404, 405, 406, 508, 509, 510, 511, 512, 513, 514
VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part)
Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 411, 412, 413
Tract: 0110.02 Block(s): 103
Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
VTD: 0044 4-11 (Part) Tract: 0110.03 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114
VTD: 0056 6-1
District: 154
TATTNALL COUNTY EVANS COUNTY BRYAN COUNTY
VTD: 0004 TWENTH WEST VTD: 0005 FORT MCALLISTER VTD: 0006 FORT STEWART (Part)
Tract: 9202. Block(s): That portion of Block 901E which lies south of Georgia State Highway 144.
LIBERTY COUNTY VTD: 0010 2-0010 (Part) Tract: 0101. Block(s): That portion of Block 901G which lies north and east of Georgia State Highway 144 and Georgia State Highway 119. VTD: 0012 2-0012
District: 155
TOOMBS COUNTY
TUESDAY, MARCH 24, 1992
3441
MONTGOMERY COUNTY WHEELER COUNTY
District: 156
WILCOX COUNTY BEN HILL COUNTY IRWIN COUNTY TIFT COUNTY
VTD: 0001 BRIGHTON VTD: 0002 BROOKFIELD VTD: 0008 TIFTON SOUTH (Part)
Tract: 9906. Block(s): 101B, 102B, 103B, 117B, 120B, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131B, 138B, 139B, 172, 173, 217, 222, 223, 224, 225B, 226, 227, 228, 231, 233, 234, 237, 238, 301, 304, 305, 306, 307, 309, 310, 311, 312, 315
VTD: 0009 TIFTON NORTHEAST (Part) Tract: 9904. Block(s): 105D, 106, 107, 108, 109, 122, 129, 130, 401C, 402, 403, 408B, 409, 410, 411, 413B, 414B, 415, 416, 417B, 533B Tract: 9906. Block(s): 201C, 202B, 206, 207, 208, 209B, 211, 212, 213, 214, 215, 216, 235, 236
District: 157
TURNER COUNTY LEE COUNTY
VTD: 0002 REDBONE VTD: 0003 LEESBURG (Part)
Tract: 0203. Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508
VTD: 0004 CENTURY VTD: 0005 PALMYRA WORTH COUNTY VTD: 0001 SYLVESTER VTD: 0002 SYLVESTER PARK VTD: 0003 POULAN VTD: 0004 SUMNER VTD: 0005 SHINGLER VTD: 0006 RED ROCK (Part)
Tract: 9502. Block(s): 102, 103, 104, 105, 107, 108, 109, 110, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 252, 253, 254, 255, 256, 257, 258, 259, 301, 302, 303, 304, 305B, 306, 307B, 308B, 308C, 314B
VTD: 0007 DOLES (Part) Tract: 9501. Block(s): 231, 232, 233, 234, 235, 236, 237, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 265,
3442
JOURNAL OF THE HOUSE,
266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 295, 296, 297 VTD: 0008 OAKFIELD VTD: 0009 WARWICK VTD: 0010 SCOTTERVILLE VTD: 0011 MINTON VTD: 0013 GORDY (Part) Tract: 9504. Block(s): 219, 221, 222, 223, 224 Tract: 9505. Block(s): 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 123, 124, 125, 126, 127, 128, 153B, 154, 155B, 168B, 169, 233, 234B, 235, 241, 242, 243, 244, 245B, 254B, 263B, 264B, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294
District: 158
STEWART COUNTY QUITMAN COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY BAKER COUNTY
VTD: 0001 ANNA VTD: 0003 HOGGARDS MILL VTD: 0004 MILFORD EARLY COUNTY VTD: 0002 BLAKELY (Part)
Tract: 9901.98 Block(s): 179
Tract1 9902 Block(s): 428, 429, 430, 431
Tract: 9904. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106A, 106B, 107, 108, 109, 110, 116, 117, 118, 119, 120, 121, 122A, 122B, 123, 124, 125, 126A, 126B, 127A, 131, 132, 135, 136, 137, 169, 170, 171, 201, 213, 311B
VTD: 0005 DAMASCUS MARION COUNTY
VTD: 0005 BUENA VISTA MITCHELL COUNTY
VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 220, 221, 334A, 334B, 340A, 340B, 341 Tract: 9804. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 426, 427, 428, 429, 430, 431A, 431B, 432, 433A, 433B, 461, 481, 482, 483
VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 218 Tract: 9804. Block(s): 320A, 320B, 323B, 323C, 325, 326, 327, 329, 330, 331, 334, 457B, 458B, 458C, 459A, 462, 463C Tract: 9806.
TUESDAY, MARCH 24, 1992
3443
Block(s): 301 VTD: 0040 PELHAM (Part)
Tract: 9806. Block(s): 105A, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 201A, 201B, 203, 206A, 208, 209A, 209B, 210, 211A, 211B, 212, 213, 214, 215, 216A, 216B, 217, 218
District: 159
WEBSTER COUNTY TERRELL COUNTY LEE COUNTY
VTD: 0001 CHOREE VTD: 0003 LEESBURG (Part)
Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196
Tract: 0203. Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549
VTD: 0006 SMITHSVILLE SUMTER COUNTY
VTD: 0005 LESLIE 15 VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 VTD: 0035 AMERICUS 27 (Part)
Tract: 9502. Block(s): 115A, 115B, 115C, 115D, 116A, 116B, 117A, 117B, 118A, 118B, 118C, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 125, 126, 141B, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 148A, 148B, 148C, 149B, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301D, 303A, 303B, 304, 305, 306, 310
Tract: 9503. Block(s): 133, 134, 135A, 135B, 135C, 135D, 136, 137A, 137B, 138, 139A, 139B, 140A, 140B, 141, 142A, 142B, 143, 144, 215A, 215B, 215C, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 510, 511, 512, 513, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520B, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546
Tract: 9504.
3444
JOURNAL OF THE HOUSE,
Block(s): 319, 320 Tract: 9505.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 116, 117, 119, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217A, 217B, 217C, 218, 219, 230, 231, 232A, 232B, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333, 334
Tract: 9506. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317
Tract: 9507. Block(s): 205, 206A, 206B, 206C, 207A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317
District: 160
MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY
VTD: 0002 BAINBRIDGE (Part) Tract: 9701. Block(s): 179, 180, 181, 182, 183, 186, 187, 188, 189, 190, 191, 192, 193 Tract: 9703. Block(s): 267B, 284B, 285, 286, 383B, 384, 385, 386, 436 Tract: 9704. Block(s): 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126A, 126B, 127, 128, 201, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 243 Tract: 9705. Block(s): 214, 215, 216, 217, 218, 233, 234 Tract: 9706. Block(s): 101, 102, 113, 114, 115, 116, 117, 118, 119, 120, 121, 130, 131, 132, 133, 134, 201, 202, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 401, 402A, 402B, 403A, 403B, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 419C, 422C Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 195, 196, 197
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9702. Block(s): 237, 238, 239, 240, 257 Tract: 9703.
Block(s): 131, 144B, 145, 146B, 147B, 148, 149, 150, 151, 152, 153, 154,
155, 156, 158B, 159, 160, 161, 162, 163, 201B, 202C, 203, 204B, 260B, 261, 262, 263, 264, 265, 266, 267C, 270B, 278B, 287, 288
TUESDAY, MARCH 24, 1992
3445
VTD: 0006 BRINSON VTD: 0008 FACEVILLE VTD: 0010 KENDRICK VTD: 0013 RECOVERY EARLY COUNTY VTD: 0001 ARLINGTON VTD: 0002 BLAKELY (Part)
Tract: 9901.98 Block(s): 157, 158, 159, 160, 161, 162, 163, 172, 173, 175, 176, 177, 178
Tract: 9902. Block(s): 147A, 147B, 169, 170, 171, 172, 173, 174, 175, 176A, 176B, 177, 178, 218A, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 330A, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 433, 434
Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107A, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142A, 143A, 145, 155, 156, 157, 158, 159, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 252, 253, 254
Tract: 9904. Block(s): 111, 112, 113, 114, 115, 127B, 146A, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216A, 217, 301, 302, 303, 304, 305A, 306, 307, 308, 309, 310, 311A, 312A, 313, 314
VTD: 0003 CEDAR SPRINGS VTD: 0004 CUBA VTD: 0006 HILTON VTD: 0007 JAKIN VTD: 0008 COLOMOKEE VTD: 0009 URQUHART VTD: 0010 FREEMAN VTD: 0011 LUCILLE
District: 161
BAKER COUNTY VTD: 0002 ELMODEL VTD: 0005 NEWTON
DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0008 ALBANY JR COLLEGE (Part) Tract: 0009. Block(s): 310, 311 Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217 VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0014 CARVER TEEN CENTER (Part) Tract: 0012. Block(s): 218, 219, 220 Tract: 0015.
3446
JOURNAL OF THE HOUSE,
Block(s): 114, 115, 116, 117, 301, 302, 303, 304, 305, 307, 308, 309, 311, 312, 316, 319, 322, 323, 324, 325, 326, 327
VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER (Part)
Tract: 0109. Block(s): 208, 215, 216, 217, 218, 219, 220, 224, 225, 226, 227, 228, 229
Tract: 0110. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 208, 209, 211, 212, 213, 214, 215, 216, 217, 227, 228, 230, 231, 232, 233, 234, 235, 236
District: 162
DOUGHERTY COUNTY VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER (Part) Tract: 0014.02 Block(s): 103, 104, 105, 106, 111, 112, 113, 218, 219 Tract: 0015. Block(s): 119, 120, 121, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 306, 313, 314, 315, 320, 321 VTD: 0015 CARVER JR HIGH GYM VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0023 PUTNEY YOUTH CENTER (Part) Tract: 0110. Block(s): 101, 102, 103, 104, 113, 114, 201, 202, 203, 204, 205, 206, 207, 210, 218, 219, 220, 221, 222, 223, 224, 225, 226, 229, 237, 238, 239, 240 Tract: 0111. Block(s): 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150 VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH
District: 163
DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE (Part) Tract: 0010. Block(s): 214, 215 Tract: 0104.01 Block(s): 208B, 210, 211, 212 Tract: 0104.02 Block(s): 101, 102A, 102B, 103A, 104, 105, 106, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122
TUESDAY, MARCH 24, 1992
3447
VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE WORTH COUNTY VTD: 0006 RED ROCK (Part)
Tract: 9502. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250 251
VTD: 0007 DOLES (Part) Tract: 9501. Block(s): 283, 284, 287, 288, 289, 290, 291, 292, 293, 294
VTD: 0012 BRIDGEBORO VTD: 0013 GORDY (Part)
Tract: 9505. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 236, 237, 238, 239, 240, 295, 296, 297
District: 164
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK VTD: 0003 DOERUN VTD: 0004 FUNSTON VTD: 0005 HAMILTON VTD: 0006 HARTSFIELD VTD: 0008 MILL CREEK VTD: 0009 MONK (Part) Tract: 9703. Block(s): 222, 223, 224, 225A, 225B, 226A, 226B VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 433, 523, 524, 525 Tract: 9708. Block(s): 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 123, 134, 135, 136, 137, 138, 139, 140, 141, 142, 147, 148, 301C Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B VTD: 0011 MURPHY VTD: 0014 THIGPEN VTD: 0018 SHAW (Part) Tract: 9703. Block(s): 201, 202, 203A, 203B, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212A, 212B, 212C, 213A, 213B, 214, 217, 218, 219, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 618 VTD: 0019 AUTREYVILLE
DECATUR COUNTY VTD: 0002 BAINBRIDGE (Part)
3448
JOURNAL OF THE HOUSE,
Tract: 9701.
Block(s): 177
Tract: 9704.
Block(s): 101, 102
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9702. Block(s): 190, 192, 193, 194, 195 Tract: 9703. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134, 135, 136, 137, 138, 139, 140
VTD: 0004 BELCHER VTD: 0007 CLIMAX VTD: 0011 PARKER (Part)
Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 122, 123, 124, 125, 126, 127, 128, 129, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 178, 194, 195
Tract: 9705. Block(s): 101, 102, 103
VTD: 0012 PINE HILL MITCHELL COUNTY
VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH (Part)
Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 169, 170, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 335, 336, 337A, 337B, 338, 339A, 339B, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352
VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803.
Block(s): 165, 166, 167, 168, 171, 215, 216, 217, 219
Tract: 9804.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 148C, 148D, 148E, 149, 150, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247A, 247B, 248, 249, 301, 302, 303, 304, 305A, 305B, 306, 307A, 307B, 307C, 307D, 308, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 321, 322, 323A, 324, 328, 332, 333, 335, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457A, 458A, 463A, 463B, 464A, 464B, 465, 466, 467, 468, 469A, 469B, 470, 471, 472, 473, 474, 475
Tract: 9806.
Block(s): 101, 102, 103, 104
TUESDAY, MARCH 24, 1992
3449
Tract: 9807. Block(s): 119, 120
VTD: 0020 COTTON AND HINSONTON VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0035 PEBBLE CITY VTD: 0040 PELHAM (Part)
Tract: 9806. Block(s): 105B, 106B, 121, 122, 123, 124, 125, 126, 127, 143, 144, 145, 146, 147, 148, 149, 202, 204, 205, 206B, 207, 302, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 336A, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 355, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444A, 444B, 445, 446, 447, 448, 449A, 449B, 450, 451, 452, 453, 454, 455
Tract: 9807. Block(s): 127, 128, 129, 150B, 153A, 153B, 154A, 154B, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179A, 179B, 180, 181A, 181B, 182, 183, 184, 185, 186, 209, 210, 211, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251A, 251B, 251C, 252, 253, 264, 265, 266, 267, 270, 272A, 272B, 273, 274, 275, 276, 277
VTD: 0045 RAIFORD VTD: 0050 SALE CITY
District: 165
COLQUITT COUNTY VTD: 0002 CROSLAND VTD: 0009 MONK (Part) Tract: 9701. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 288, 289, 290 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 289, 290, 291, 292 Tract: 9703. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 215B, 216, 616, 617 Tract: 9704. Block(s): 108A, 108B, 109A, 110A, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 139, 140, 141, 142, 143, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9707.
3450
JOURNAL OF THE HOUSE,
Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 248, 253, 254, 255, 256, 257, 258, 304, 305, 306, 307, 308, 309, 310, 311, 312, 318
Tract: 9708. Block(s): 101, 102, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 201, 202
VTD: 0012 NORMAN PARK (Part) Tract: 9701. Block(s): 150, 151A, 151B, 152A, 152B, 153A, 153B, 170, 171A, 171B, 172, 174, 178, 179, 180, 181, 182, 183, 184, 206, 207, 208, 209, 210, 211, 212, 221, 222, 223, 224, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 257, 258A, 258B, 259, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276A, 276B, 277A, 277B, 278, 279, 280, 282, 283, 284, 285, 286, 287, 291, 292 Tract: 9704. Block(s): 108C, 109B, 109C, HOB
VTD: 0015 TY TY VTD: 0016 WARRIOR TIFT COUNTY VTD: 0003 CHULA VTD: 0004 DOCIA VTD: 0005 ELDORADO VTD: 0006 OMEGA VTD: 0007 TY TY
VTD: 0008 TIFTON SOUTH (Part)
Tract: 9906.
Block(s): 101A, 102A, 103A, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 118, 119, 120A, 121, 130A, 131A, 132, 133, 134, 135, 136, 137, 138A, 139A, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156A, 156B, 157, 158, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166A, 166B, 167A, 167B, 168, 169, 170, 171A, 171B, 218A, 218B, 219, 220A, 220B, 221A, 221B, 225A, 225C, 225D, 229, 230A, 230B, 232A, 232B, 302, 303, 308, 313, 314, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435
Tract: 9907.
Block(s): 103A, 108A, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128, 129, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 431, 432, 433, 435A, 435B, 436, 437, 438, 439, 440A, 440B, 441, 442, 443, 444, 445, 446, 447, 448A, 448B, 449A, 449B, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478
TUESDAY, MARCH 24, 1992
3451
Tract: 9909. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229
VTD: 0009 TIFTON NORTHEAST (Part) Tract: 9903. Block(s): 103A, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635 Tract: 9904. Block(s): 105A, 105B, 105C, 110A, HOB, 1HA, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 123, 124, 125, 126, 127, 128, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 401A, 401B, 404, 405, 406, 407, 408A, 412, 413A, 414A, 417A, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533A, 534, 535, 536, 537, 538, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628 Tract: 9906. Block(s): 201A, 201B, 202A, 203, 204, 205, 209A, 210 Tract: 9907. Block(s): 101, 102
VTD: 0010 TIPTON NORTHWEST
District: 166
BERRIEN COUNTY COLQUITT COUNTY
VTD: 0007 LEE VTD: 0010 MOULTRIE (Part)
Tract: 9704. Block(s): 107A, 136A, 138A, 201A, 203A, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 335A, 337, 340, 341, 342
Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118,
119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A,
302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A Tract: 9707.
Block(s): 101, 102, 103, 104, 105, 116, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 247, 249, 250, 251, 252, 301, 302, 303, 313, 314, 315, 316, 317, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328,
3452
JOURNAL OF THE HOUSE,
329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 Tract: 9708. Block(s): 113, 114, 143, 144, 145, 146, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 VTD: 0012 NORMAN PARK (Part) Tract: 9701. Block(s): 253, 254, 255, 256, 281 Tract: 9703. Block(s): 101, 102, 103, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131. 132, 133, 134, 135 Tract: 9704. Block(s): 101, 102, 103, 104, 105, 106, 107B, 108D, 128, 129, 130, 131, 132. 133, 134, 135, 136B, 137, 138B, 201C, 202, 203B, 235B, 236B, 237C, 303, 304, 305, 306, 307, 308, 318 VTD: 0013 ROBINSON VTD: 0017 HOPEWELL COOK COUNTY VTD: 0001 ADEL WEST (Part) Tract: 9802. Block(s): 334, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515 Tract: 9804. Block(s): 101, 119, 120 VTD: 0003 PINE VALLEY (Part) Tract: 9804. Block(s): 121, 144 VTD: 0004 LENOX VTD: 0005 MASSEE VTD: 0006 RIVER BEND VTD: 0007 SPARKS VTD: 0008 ADEL EAST
District: 167
COFFEE COUNTY ATKINSON COUNTY
District: 168
WARE COUNTY
District: 169
BACON COUNTY
TUESDAY, MARCH 24, 1992
3453
PIERCE COUNTY BRANTLEY COUNTY CAMDEN COUNTY
VTD: 0001 ST. MARYS (Part) Tract: 0106. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314
VTD: 0003 TARBORO VTD: 0004 WAVERLY VTD: 0005 WOODBINE (Part)
Tract: 0102. Block(s): 218B, 219, 220, 221, 222C, 223, 224, 225, 226, 227, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 345, 346, 347, 348, 349, 350, 351, 352, 353, 363B, 368, 369B, 370, 371, 372, 373, 374, 375, 376, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 397
District: 170
JEFF DAVIS COUNTY APPLING COUNTY TELFAIR COUNTY
VTD: 0001 MCRAE (Part) Tract: 9501. Block(s): 158B, 160, 161, 531, 532, 533, 534C, 535, 547, 548, 549, 550B, 551, 552, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 652, 668 Tract: 9502. Block(s): 164, 165, 166, 167, 168, 169, 170, 171
VTD: 0002 MILAN (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, HOB, 111, 112, 113B, 114, 115, 116, 117, 118, 119, 120B, 121, 144B, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 172, 173, 174, 175, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0003 LUMBER CITY VTD: 0004 JACKSONVILLE VTD: 0005 SCOTLAND WAYNE COUNTY VTD: 0002 MADRAY SPRINGS VTD: 0003 OGLETHORPE VTD: 0005 RITCH
3454
JOURNAL OF THE HOUSE,
District: 171
LONG COUNTY
GLYNN COUNTY VTD: 0001 STERLING 1163/1166
LIBERTY COUNTY VTD: 0009 2-0009 VTD: 0010 2-0010 (Part) Tract: 0101. Block(s): That portion of Block 901G which lies south and west of Georgia State Highway 144 and Georgia State Highway 119
WAYNE COUNTY VTD: 0001 ODUM VTD: 0004 SCREVEN VTD: 0006 EMPIRE VTD: 0007 RED HILL VTD: 0008 EAST JESUP VTD: 0009 GARDI VTD: 0010 MT. PLEASANT VTD: 0011 ALTAHAMA VTD: 0012 VFW VTD: 0013 COURTHOUSE VTD: 0014 NATIONAL GUARD ARMORY VTD: 0015 RECREATION CENTER
District: 172
LIBERTY COUNTY VTD: 0002 HINESVILLE VTD: 0003 DORCHESTER (Part) Tract: 0105. Block(s): 209B, 209C, 209D, 243A, 243B, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 273A, 301, 302, 303, 304, 305, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 362, 363, 365, 379, 380, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494 VTD: 0004 WALTHOURVILLE AND FLEMING WEST (Part) Tract: 0102. Block(s): 401A, 501, 502, 506, 507, 508B, 509, 510B, 511B, 601, 602, 603A, 625A, 626A, 705B, 706B, 707, 708B, 709, 710A, 710B, 717B Tract: 0104. Block(s): 125A, 128A, 129A, 130, 131, 132, 133, 219A, 220A, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330B, 331, 332, 333, 334, 335B, 335C, 345B, 372, 373, 374, 375, 376, 377, 383A, 384A, 387B, 390A, 391A, 394, 395, 396, 397 VTD: 0006 FLEMING EAST VTD: 0007 GUM BRANCH VTD: 0011 2-0011
TUESDAY, MARCH 24, 1992
3455
District: 173
MCINTOSH COUNTY GLYNN COUNTY
VTD: 0002 GLYNCO 1263 (Part) Tract: 0004. Block(s): 201, 202, 203, 204, 205, 210, 211, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 270, 271, 272, 273, 274, 275, 276, 277, 278, 280, 281, 282, 283, 284, 285, 382, 383, 384, 385, 386, 387, 388, 389, 390 Tract: 0006. Block(s): 201, 204, 205, 206, 501
VTD: 0003 FANCY BLUFF 1366 (Part) Tract: 0010. Block(s): 271, 272, 273, 274, 284, 285, 286, 287, 288, 289, 348, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 373, 374, 375, 376, 385, 386, 387, 393, 394, 447, 448, 449, 450, 451, 452, 453, 454, 455, 461, 462, 586, 587, 589
VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 (Part) Tract: 0005. Block(s): 112B, 113C, 118C, USD, 119C, 120B, 122B, 123, 124, 125B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 706, 808, 809, 810, 811, 812, 813, 814, 815, 816 Tract: 0007. Block(s): 101, 102, 103, 104, 105A, 126, 127, 128
VTD: 0011 BWK. ARMORY 4153 (Part) Tract: 0007. Block(s): 301, 302A, 303A, 304A, 305, 306, 307, 308A, 308B, 309, 310A, 310B, 311A, 311B, 311C, 313, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 440, 441, 442, 443, 444, 509, 510, 527A, 528A, 529A, 722, 723, 724, 725, 726, 727, 728, 729, 735, 736, 737, 738, 739, 740, 741, 752 Tract: 0008. Block(s): 122, 123, 124, 131, 132, 135, 136, 137, 301, 302, 303, 406, 407, 520
VTD: 0012 JANE MACON 4253 (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109, 110, 111, 112A, 113A, 113B, 118A, 118B, 119A, 119B, 120A, 121, 122A, 125A, 126, 127, 128, 227, 228, 229, 230, 231, 232, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 317, 511, 512, 817, 818 Tract: 0007.
Block(s): 119B, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210A, 210B, 211, 212, 302B, 303B, 304B, 501, 502, 503, 504, 505, 506, 507, 508, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527B, 528B, 529B
VTD: 0013 CITY RECREATION 5153 (Part) Tract: 0008.
Block(s): 243, 244, 245, 246, 247, 248, 249, 250, 251, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 526, 527A, 528, 529, 530, 531, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545
Tract: 0009.
3456
JOURNAL OF THE HOUSE,
Block(s): 308, 309, 310, 311, 312, 313, 314, 316, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 553, 554, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 658, 659, 660, 661, 662, 663, 664
VTD: 0014 ADULT EDUCATION 5253 (Part) Tract: 0005. Block(s): 310, 311, 312, 313, 314, 315, 316, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 0007. Block(s): 801, 802, 803, 804, 805, 806, 807, 815, 816, 817, 818, 819, 820, 821, 822 Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 125, 126, 127, 128, 129, 130, 138, 139, 140, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 240, 241, 242, 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 517, 518, 519, 524, 525, 527B
LIBERTY COUNTY VTD: 0001 RICEBORO VTD: 0003 DORCHESTER (Part) Tract: 0105. Block(s): 138A, 140, 150A, 152, 209A, 209B, 209C, 210, 253, 254, 255, 256, 257, 258A, 258B, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265, 266, 267, 268A, 268B, 269, 273A, 360, 361, 364, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377 VTD: 0004 WALTHOURVILLE AND FLEMING WEST (Part) Tract: 0102. Block(s): 401C, 401D, 402, 403, 404A, 404B, 404C, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 508A, 510A, 511A, 512, 513, 514, 515, 516, 603B, 603C, 603D, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623A, 623B, 624, 625B, 625C, 626B, 627, 628A, 628B, 629, 630, 631, 632A, 632B, 633, 634, 635, 636, 637, 638A, 638B, 639A, 639B, 639C, 639D, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 711, 712C, 712D, 724, 725 Tract: 0104. Block(s): 201D, 203, 220C, 345C, 348D, 351B, 353B, 354, 355, 356, 357D, 358B, 359B, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 378, 379, 380, 381, 382, 383C, 384B, 385, 386, 387C, 387D, 388A, 388B, 389, 390B, 391B, 392, 393 VTD: 0008 MCINTOSH
District: 174
GLYNN COUNTY VTD: 0002 GLYNCO 1263 (Part) Tract: 0004. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 206, 207, 208, 209, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221,
TUESDAY, MARCH 24, 1992
3457
222, 223, 224, 225, 226, 227, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 279, 286, 287, 288, 289, 290, 291, 292, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620 Tract: 0005. Block(s): 901, 902, 903, 904, 905, 906, 907, 908 VTD: 0003 FANCY BLUFF 1366 (Part) Tract: 0010. Block(s): 234B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 275, 276, 277, 278, 279, 280, 281, 282, 283, 290, 291, 292, 293, 294, 295, 296, 297, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 349, 350, 351, 352, 353, 364, 365, 366, 367, 368, 369, 370, 371, 372, 377, 378, 379, 380, 381, 382, 383, 384, 388, 389, 390, 391, 392, 395, 396, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 456, 457, 458, 459, 460, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 585, 588 VTD: 0004 SSI CASINO 2166 VTD: 0005 SSI AIR NATIONAL GUARD 2266 VTD: 0006 SSI FIRE STATION 2366 VTD: 0007 JEKYLL 2466 VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 (Part) Tract: 0004. Block(s): 621, 622, 624 Tract: 0005. Block(s): 1KB, 114C, 115, 116C, 116D, 117, 501, 502, 503, 504, 505, 506, 507, 508B, 509, 517, 518B, 519B, 527A, 527C, 528A, 528C, 701, 702, 703, 704, 705, 707, 801, 802, 803, 804, 805, 806, 807, 819, 820, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929A, 929B, 929D, 930C, 930D Tract: 0007. Block(s): HOD, 111, 112B, 112C VTD: 0009 BALLARD RECREATION 3253 VTD: 0010 GLYNDALE COMMUNITY BLDG. 3353/3363
VTD: 0011 BWK. ARMORY 4153 (Part)
Tract: 0007.
Block(s): 312, 314A, 314B, 315A, 315B, 316, 317, 318, 324, 325, 326, 327, 328, 329, 330, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621A, 621B, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 730, 731, 732, 733, 734, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751, 753, 754, 755A, 755B, 756A, 756B, 757, 758, 759, 808, 809, 810, 811, 812, 813, 814, 823, 824, 825, 826
Tract: 0008.
Block(s): 116, 117, 118, 119, 120, 121, 133, 134, 521
3458
JOURNAL OF THE HOUSE,
VTD: 0012 JANE MACON 4253 (Part) Tract: 0005. Block(s): 114A, 116A, 116B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 233, 234, 508A, 510, 513, 514, 515, 516, 518A, 519A, 520, 521, 522, 523, 524, 525, 526, 527B, 528B, 529, 530, 929C, 930A, 930B, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946 Tract: 0007. Block(s): 110A, HOB, HOC, 112A, 114, 115, 116, 117, 118, 119A, 119C, 123, 124, 125 Tract: 0008. Block(s): 216
VTD: 0013 CITY RECREATION 5153 (Part) Tract: 0004. Block(s): 623, 625 Tract: 0008. Block(s): 239A, 532, 533, 534, 546, 547, 548, 549 Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301, 302, 303, 304, 305, 306, 307, 315, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 531, 532, 533, 534, 535, 536, 537, 550, 551, 552, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 665, 666, 667, 668, 669, 670
VTD: 0014 ADULT EDUCATION 5253 (Part) Tract: 0008. Block(s): 238, 239B, 522, 523
District: 175
CHARLTON COUNTY CAMDEN COUNTY
VTD: 0001 ST. MARYS (Part) Tract: 0103. Block(s): 471A, 471B, 471C Tract: 0104. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 106D, 107A, 107B, 108A, 108B, 109, 110, 120A, 120B, 121A, 121B, 121C, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 146A, 146B, 147, USA, 148B, 148C, 148D, 149A, 149B, 149C, 150, 151A, 151B, 152A, 152B, 153A, 153B, 153C, 154, 155, 156, 157, 158A, 158B, 158C, 159, 160, 161, 162A, 162B, 162C, 163A, 163B, 163C, 165A, 165B, 166A, 166B, 167A, 167B, 168, 169A, 169B, 170A,
TUESDAY, MARCH 24, 1992
3459
170B, 170C, 170D, 170E, 170F, 172B, 173A, 173B, 174A, 174B, 175A, 175B, 176, 177A, 177B, 177C, 177D, 177E, 177F, 177G, 178A, 178B, 179, 180, 183, 184, 185, 186, 187, 188, 189, 190, 191 Tract: 0105. Block(s): 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912A, 912B, 913A, 913B, 914A, 914B, 914C, 914D, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928 Tract: 0105.99 Block(s): 914Z Tract: 0106. Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 201, 202A, 202B, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 204D, 205A, 205B, 206A, 206B, 207, 208, 209, 210A, 210B, 211, 212A, 212B, 212C, 213, 214, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250A, 250B, 251, 252, 253, 254, 315, 316, 317A, 317B, 317C, 317D, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351A, 351B, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 VTD: 0002 KINGSLAND VTD: 0005 WOODBINE (Part) Tract: 0102. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 222A, 234, 235, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249,
250, 251, 252, 253, 254, 255, 256, 257,
258, 259, 260, 261, 262, 263, 264, 265,
266, 267, 268, 269, 270, 271, 272, 273,
274, 275, 276, 277, 278, 279, 280, 281,
282A, 282B, 283, 284, 285, 286, 287, 288A,
3460
JOURNAL OF THE HOUSE,
288B, 289A, 289B, 290A, 290B, 291, 292, 293, 294, 295, 296, 297, 343, 344, 354, 355, 356, 357, 358, 359A, 359B, 359C, 360, 361, 362, 363A, 364A, 364B, 365A, 365B, 366, 367A, 367B, 369A, 377, 378, 393, 394, 395, 396 Tract: 0103. Block(s): 101, 102, 104, 141, 301, 302A, 302B, 303A, 303B, 304, 330, 331
District: 176
CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY LOWNDES COUNTY
VTD: 0003 MOODY MASONIC (Part) Tract: 0101. Block(s): 261, 276
VTD: 0005 GARDEN CENTER (Part) Tract: 0105. Block(s): 114
VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH (Part)
Tract: 0105. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 130, 131, 132, 133
Tract: 0111. Block(s): 101, 102, 201, 202, 211, 212, 213, 214, 234
VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0106. Block(s): 301A, 301B Tract: 0107.
Block(s): 202, 203, 204, 205, 206, 207, 208,
209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 255,
256, 257, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329
Tract: 0108. Block(s): 101, 102, 103, 107, 108, 134
VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0018 NEW COVENANT CHURCH (Part)
Tract: 0101. Block(s): 269, 270, 271, 274A, 274B, 275, 277
Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B
Tract: 0106.
TUESDAY, MARCH 24, 1992
3461
Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B, 109C, 109D, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221D, 222, 223, 224, 225, 226, 227, 228
VTD: 0022 EVANGEL CATHEDRAL (Part) Tract: 0104. Block(s): 101A, 102A, 103A, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 118, 119, 120, 121, 122A, 123A, 124A, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 208, 209, 210, 211, 212, 213, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244 Tract: 0106. Block(s): 101A, 102A, 102B, 103, 105A, 109A, 110, 111, 112, 113, 114, 115, 116, 211A, 221C
District: 177
BROOKS COUNTY VTD: 0002 BRIGGS (Part) Tract: 9903. Block(s): 221, 222, 223, 225, 228, 229, 232, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277
COOK COUNTY VTD: 0001 ADEL WEST (Part) Tract: 9802. Block(s): 218, 219A, 220, 221, 222, 223, 224, 225A, 247A, 516, 517, 518, 519, 520 Tract: 9804. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 137, 155, 156, 157, 159A, 201, 204 VTD: 0002 CECIL VTD: 0003 PINE VALLEY (Part) Tract: 9802. Block(s): 246, 247B, 248 Tract: 9804. Block(s): 122, 136B, 138, 139, 140, 141, 142, 143, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 158, 159B, 160, 161, 162, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 251, 252, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271
LOWNDES COUNTY VTD: 0001 HAHIRA (Part) Tract: 0102. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110A, HOB, HOC, HOD, 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 118C, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153,
3462
JOURNAL OF THE HOUSE,
154, 155, 156, 157, 158, 159, 160, 161, 162, 163A, 163B, 164, 165A, 165B, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 201A, 201B, 202, 203, 204A, 204B, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 225C, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251, 252, 253A, 253B, 254, 255, 256, 257, 258A, 258B, 259, 260A, 260B, 261A, 261B, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 388, 389, 390, 391, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 467, 468,
469, 470, 471, 472 VTD: 0002 MINEOLA (Part)
Tract: 0102.
Block(s): 416, 460, 461, 462, 463, 464, 465, 466, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492
VTD: 0003 MOODY MASONIC (Part) Tract: 0101.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 124,
125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152C, 153, 154, 155, 156, 157, 158,
159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 201A, 201B, 201C, 202, 203, 204, 205, 206A,
206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230,
231, 232, 233A, 233B, 233C, 234, 235, 236, 237, 238, 239, 240, 241, 242A, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251,
252, 253, 254, 255, 256, 257, 258, 259, 260, 262, 263, 264, 265, 266, 267, 268, 272, 273, 282, 286, 294, 295, 296, 297A, 297B,
301, 302, 303, 304 VTD: 0004 MATHIS AUDITORIUM (Part)
Tract: 0101.
Block(s): 305A, 305B, 305C, 305D, 306 Tract: 0103.
Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 220A, 221A, 221B,
221C, 222A, 222B, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239, 240, 251,
252, 254A, 257A Tract: 0104.
Block(s): 125A, 126, 127, 128, 129, 130, 131A, 132A, 132B, 134A, 135A, 136A, 138A, 139A, 140A, 142A, 143, 144, 145, 146, 147, 148,
149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234
VTD: 0005 GARDEN CENTER (Part) Tract: 0110.
Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319
Tract: 0111. Block(s): 207, 208, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230,
231
TUESDAY, MARCH 24, 1992
3463
VTD: 0006 CHURCH LATTERDAY SAINTS (Part) Tract: 0112. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106A, 106B, 106C, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 123C, 124A, 124B, 124C, 124D, 125A, 125B, 125C, 126, 127, 128, 129, 130A, 130B, 130C, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151 Tract: 0113. Block(s): 101A, 101B, 102, 103A, 103B, 103C, 104A, 104B, 105A, 105B, 106A, 106B, 106C, 107A, 107B, 108, 109C, 109D, 112B, 113, 114, 115, 205A Tract: 0114. Block(s): 401A, 401B, 401C
VTD: 0012 FIRST CHRISTIAN CHURCH (Part) Tract: 0111. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 203, 204, 205, 206, 209, 210, 215, 216, 223, 224, 225, 232, 233, 235 Tract: 0112. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320 Tract: 0113. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 412, 413, 414, 415, 416, 417
VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 496, 497
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 278, 279, 280. 281, 283, 284, 285, 287, 288, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305L, 305M, 307, 308 Tract: 0103. Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206F, 206G, 219B, 220B, 220C, 220D, 220E, 220F, 220G, 221D, 221E, 222C, 222D, 222E, 223B, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D Tract: 0104.
Block(s): 125B, 125C, 131B, 132C, 133, 134B, 135B, 136B, 137, 138B, 139B, 140B, 141, 142B
VTD: 0019 CRAIG RECREATION CENTER (Part)
Tract: 0113.
Block(s): 109A, 109B, 111A, 112A, 205B, 310, 311, 409, 410, 411, 418, 419, 420
VTD: 0021 REMERTON CITY HALL (Part)
3464
JOURNAL OF THE HOUSE,
Tract: 0113. Block(s): 201, 202, 203, 204A, 204B, 206, 207, 208, 209, 210, 211, 212, 213
VTD: 0022 EVANGEL CATHEDRAL (Part) Tract: 0103. Block(s): 102A, 103A, 241A, 248A, 249, 250, 253A, 253B, 253D, 254B, 255, 256A
District: 178
BROOKS COUNTY VTD: 0001 BARNEY VTD: 0002 BRIGGS (Part) Tract: 9903. Block(s): 226, 227, 230, 231, 233, 234, 235, 264, 265 Tract: 9904. Block(s): 101, 102, 130, 131, 132, 133, 134, 135, 136, 137 Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128, 129 VTD: 0003 DIXIE VTD: 0004 DRY LAKE VTD: 0005 GROOVERVILLE VTD: 0006 HICKORY HEAD VTD: 0007 MORVEN VTD: 0008 WANKIN VTD: 0009 QUITMAN VTD: 0010 TALLOAKS AND WILLIAMS
LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part) Tract: 0105. Block(s): 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 134, 135 Tract: 0109. Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143, 144, 145 Tract: 0110. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 211, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450 VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0105. Block(s): 101, 102, 129
Tract: 0106.
Block(s): 302, 303A, 303B, 303C, 304A, 304B, 305, 306, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417
Tract: 0108.
TUESDAY, MARCH 24, 1992
3465
Block(s): 104, 105, 106, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 201, 202A, 202B, 202C, 203, 204B, 207, 401B, 434B, 436B
VXD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 493, 494, 495
VTD: 0019 CRAIG RECREATION CENTER (Part) Tract: 0109. Block(s): 211, 212B, 213, 217B, 218, 219, 220, 221, 222, 223B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 347A, 347B, 347C, 348, 349, 350, 351 Tract: 0113. Block(s): 110, 116A, 117, 401, 402, 403, 404, 405, 406, 407, 408, 421, 422, 423, 424, 425, 426, 427, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 701, 702, 703, 704, 705, 706, 707, 708, 709 Tract: 0114. Block(s): 306A, 306B, 306C, 307, 308, 417A, 417C, 439, 440A, 440B, 441, 442
THOMAS COUNTY VTD: 0003 BOSTON
District: 179
DECATUR COUNTY VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part) Tract: 9703. Block(s): 284A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447
Tract: 9704.
Block(s): 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449
Tract: 9705.
Block(s): 238 Tract: 9706.
3466
JOURNAL OF THE HOUSE,
Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 232, 403C, 416, 417, 418, 419A, 419B, 420, 421A, 421B, 422A, 422B
Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 117, 118, 119, 122, 123, 193, 194
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9703. Block(s): 144A, 146A, 147A, 157, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A, 202B, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 267A, 268, 269, 270A, 271, 272, 273, 274, 275, 276, 277, 278A, 279, 280, 281, 282, 283
VTD: 0005 BELL VTD: 0009 FOWLSTOWN GRADY COUNTY VTD: 0010 DUNCANVILLE VTD: 0015 HIGDON VTD: 0025 MIDWAY (Part)
Tract: 9505. Block(s): 325, 326, 327, 328, 329, 333, 334, 424B, 427B, 428, 433, 434, 435
VTD: 0035 RAGAN VTD: 0050 CAIRO 4 VTD: 0055 CAIRO 5 (Part)
Tract: 9504. Block(s): 401, 402, 403, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 246, 401, 402, 403, 404, 405, 407, 408, 409, 410, 412, 415, 417, 418, 419, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439
THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY (Part) Tract: 9602. Block(s): 292
Tract: 9608.
Block(s): 101, 102, 103, 104A, 104E, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131, 132, 133, 134, 136, 137B, 138, 139, 140, 141, 142, 160, 161, 162, 163, 164, 165, 166C, 167, 512B, 513B, 514B, 515, 516, 517, 518B, 519B, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529B, 530, 531, 535B, 536
Tract: 9610.
Block(s): 304D, 304E, 305B, 306, 307C, 308, 309B, 310F, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328B, 329, 330, 331, 332, 333, 334, 336, 338
VTD: 0015 HARPER
TUESDAY, MARCH 24, 1992
3467
VTD: 0016 SUSIE DUNLAP VTD: 0019 JERGER (Part)
Tract: 9606. Block(s): 331, 332, 333, 334, 338, 339, 340, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 505, 506
Tract: 9609. Block(s): 101, 102, 103, 104B, 107, 108, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 204, 205, 206, 207, 238, 239, 240, 241, 242, 243, 244
Tract: 9610. Block(s): 304A, 304C, 305A, 307A, 307B, 309A, 310A, 310B, 310C, 310D, 310E, 311A, 311B
District: 180
GRADY COUNTY VTD: 0005 BLOWING CAVE VTD: 0020 LIMESINK & SPRINGHILL VTD: 0025 MIDWAY (Part) Tract: 9505. Block(s): 108, 109, 110, 111A, 111B, 111C, 124B, 127B, 128B, 129, 130, 131, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 309B, 309C, 316B, 321, 322B, 323, 324, 335, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349 VTD: 0030 PINEPARK VTD: 0040 SPENCE VTD: 0045 WOODLAND VTD: 0055 CAIRO 5 (Part) Tract: 9504. Block(s): 151A, 301A, 301B, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 404, 405, 406, 407, 408, 409, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437 Tract: 9505. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127A, 128A, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 310, 311, 312, 313, 314, 315, 316A, 317, 318, 319, 320, 322A, 411, 413, 414, 416 VTD: 0060 WHIGHAM
THOMAS COUNTY VTD: 0001 EASTSIDE VTD: 0004 OCHLOCHNEE VTD: 0005 MEIGS VTD: 0006 COOLIDGE VTD: 0007 PAVO VTD: 0009 BARWICK VTD: 0010 ELLABELLE VTD: 0011 MERRIVILLE VTD: 0014 PATTEN VTD: 0017 FAIRGROUNDS VTD: 0018 CENTRAL VTD: 0019 JERGER (Part)
3468
JOURNAL OF THE HOUSE,
Tract: 9606. Block(s): 507, 508
Tract: 9609. Block(s): 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 327, 328, 329, 330, 331, 332
Tract: 9610. Block(s): 211A, 211B, 304B"
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment (AM 14 0063) was read:
Representatives Hanner of the 131st and Thurmond of the 67th move to amend HB 1340 by striking the descriptions of Districts 128, 137, 138, 139, 140, and 141 and inserting in lieu thereof new descriptions of said districts to read as follows:
"District: 128
BIBB COUNTY VTD: 0045 WA 01 (Part) Tract: 0136.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 Tract: 0136.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 414, 504, 505, 506, 507, 508, 509, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610 VTD: 0048 HAZARD 04
CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 (Part) Tract: 0702. Block(s): 126, 128, 131, 132, 170, 171, 172, 173, 174, 175, 176, 177, 178, 184, 185, 186, 187, 188, 189, 190, 191, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 301, 302, 303, 346, 347, 348, 349, 350, 351, 352, 353, 356 VTD: 001A 1A (Part) Tract: 0702. Block(s): 304, 305, 306, 307, 308, 309, 310, 317, 318, 319, 323, 324, 325, 327, 328, 340, 341, 342, 343, 344, 345, 354, 355, 357, 358, 359, 387, 389, 390, 391, 392, 394, 395, 396, 397
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0207. Block(s): 101B Tract: 0211.01
TUESDAY, MARCH 24, 1992
3469
Block(s): 101B, 115B
VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 301A, 303
VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223
Tract: 0201.03
Block(s): 301B
Tract: 0203. Block(s): 101A, 101B, 114B
Tract: 0206.
Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202A, 202B, 202C, 202D, 202E, 203, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 902, 905, 907A, 907B, 908A, 908B, 909A
VTD: 0008 NSJH (Part)
Tract: 0201.02
Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 308, 309A, 309B, 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 417, 418, 419, 420, 426, 427, 428
VTD: 0012 CENT (Part) Tract: 0201.01
Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 218A, 218B, 218C, 218D, 218E, 219A, 219B,
219C, 219D, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406A, 406B, 406C,
407A, 407B, 407C, 408A, 408B, 408C, 409 Tract: 0201.02
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218
PEACH COUNTY
VTD: 0005 DISTRICT 1 VTD: 0010 DISTRICT 2 AND CLAUDE
AND POWERSVILLE (Part)
Tract: 0401.
Block(s): 104, 106, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 144, 316, 317, 322, 323, 324, 325, 326, 327, 328, 329
Tract: 0402.
Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129B,
130, 131, 132, 133, 134, 135, 136, 137B, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 157B, 201, 202, 203, 204, 206, 21 IB, 253 Tract: 0403.01
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122 VTD: 0020 BYRON (Part)
Tract: 0401.
Block(s): 101A, 101B, 101C, 102, 103, 105, 107, 108, 109A, 109B, 110A, HOB, 111, 112A, 112B, 113A, 113B, 114A, 114B, 115, 116,
3470
JOURNAL OF THE HOUSE,
117, 118, 145, 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 209A, 209B, 210, 211A, 211B, 212A, 212B, 213A, 213B, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227,
228, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250A, 250B, 251, 252, 253, 254, 255, 256, 257, 258, 259A,
259B, 260A, 260B, 260C, 261, 262, 263, 264, 265, 266, 267, 268A, 268B, 269, 270, 271, 272A, 272B, 273A, 273B, 274, 275,
276, 277, 278, 279, 280, 301, 302, 303, 304, 305A, 305B, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321,
401, 402, 403, 404, 405, 406 Tract: 0402.
Block(s): 101, 102, 103, 104"
"District: 137
CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part) Tract: 0201. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142,
143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A,
169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192,
193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221,
222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250
Tract: 0202. Block(s): 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920,
921 MARION COUNTY
VTD: 0010 DRANEVILLE VTD: 0015 DOYLE VTD: 0020 TAZEWELL VTD: 0025 FORT PERRY VTD: 0030 PINEKNOT VTD: 0035 BRANTLEY MERIWETHER COUNTY VTD: 0005 WOODBURY-LOWER NINTH VTD: 0006 CHALYBEATE AND LOVE VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 326, 327, 328, 628, 630, 633, 634, 635, 636, 637, 638, 641, 642, 643, 644, 645, 646, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714B, 715, 717, 718, 719, 720, 721, 722, 725, 726, 727, 728, 729, 730, 731, 732, 733, 738, 739
VTD: 0009 WARM SPRINGS VTD: 0010 DURAND SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part)
TUESDAY, MARCH 24, 1992
3471
Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B, 179, 180A, 180B, 186, 187, 188, 189, 190, 191, 192, 194, 195A, 195B, 196, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217A, 217B, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 256, 257A, 257B, 258A, 258B, 259A, 259B, 260, 261, 262A, 262B, 263
Tract: 9602. Block(s): 101, 102, 103, 104, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
SUMTER COUNTY VTD: 0025 CONCORD NEW 26 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C,
127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140A,
140B, 141A, 141C, 141D, 142, 149A, 149C, 150, 151, 152,
301A, 301B, 301C, 301E, 302, 307, 308, 309, 311A, 311B,
312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B,
317, 318, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405,
406, 407, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A,
412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423,
424, 425, 426, 427, 428, 429, 430
Tract: 9503.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 221, 222, 223, 224, 225, 501, 502, 503, 504, 505, 506, 507, 508, 509
Tract: 9505.
Block(s): 114B, 114C, 114D, 115, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 233A, 233B, 233C, 234, 235
Tract: 9506. Block(s): 101, 126, 128, 129, 130, 145, 146, 147, 148, 149, 216, 217, 218, 219, 220, 221, 222, 223, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328
Tract: 9507.
Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B,
3472
JOURNAL OF THE HOUSE,
201C, 201D, 202, 203, 204, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407B, 407C, 408A, 408B, 409A, 409B, 409C, 409D, 409E, 409F, 409G, 410, 411, 412, 413, 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B, 416C, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 192, 193, 194, 195 Tract* 9502 Block(s): 101, 102, 103, 104, 130, 131, 153, 154, 155, 401, 431, 432, 433 Tract: 9507. Block(s): 101, 102, 103, 119, 120, 121, 122 Tract: 9508. Block(s): 202, 203, 204, 205 VTD: 0045 ANDERSONVILLE TALBOT COUNTY VTD: 3002 FLINT HILL VTD: 3003 GENEVA VTD: 3004 JUNCTION CITY VTD: 3006 PRATTSBURG VTD: 3007 TALBOTTON VTD: 3008 VALLEY TAYLOR COUNTY VTD: 0001 1 (Part) Tract: 9503. Block(s): 106A, 118, 119, 129, 142, 143, 201A, 201B, 229A, 230, 231, 232A, 233, 234, 235 VTD: 0002 2 VTD: 0003 3
VTD: 0004 4 VTD: 0005 5 (Part)
Tract: 9503.
Block(s): 395, 396, 397 Tract: 9504.
Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217,
218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 239, 240, 241, 242, 243, 244, 245,
246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284,
285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0006 6 (Part)
Tract: 9502.
Block(s): 289, 290, 291, 292, 293
Tract: 9503.
Block(s): 103, 105, 106B, 109, 131A, 132, 138, 139, 140, 141, 201C, 202, 218, 220, 224, 225, 226, 227, 228B, 229B, 232B, 250B, 251B,
259, 260, 261, 262, 285, 286, 287, 288, 289, 290, 291, 292, 293,
TUESDAY, MARCH 24, 1992
3473
294, 295, 296, 297, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 336A, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394 Tract: 9504.
Block(s): 238 VTD: 0008 8 VTD: 0009 9
District: 138
PULASKI COUNTY CRISP COUNTY
VTD: 0001 CORDELE (Part) Tract: 9801, Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 121, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 203, 207, 208, 209, 210, 214, 215A, 215B, 215C, 215D, 215E, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263B, 264B, 265B, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306B, 306C, 319, 322, 323A, 323B, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363 Tract: 9802. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144B, 145, 146, 147, 149, 150, 168B, 168E, 173D, 173E, 174A, 174B, 175, 176, 177, 178, 184, 185, 186, 187, 193, 194, 195, 196B, 197B, 328, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619 Tract: 9803. Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271, 301, 302, 303, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344,
3474
JOURNAL OF THE HOUSE,
345, 346, 347, 348, 349, 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 307, 308, 309, 310, 319, 320, 327, 328, 329, 330, 335, 336, 337, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 432, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544 Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120 VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY DOOLY COUNTY VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516 (Part) Tract: 9701.
Block(s): 189, 190, 191, 193, 194, 350, 352, 353, 354, 356, 357, 358, 359 Tract: 9703.
Block(s): 101, 102, 103, 108, 110, 111, 112, 113, 130 HOUSTON COUNTY
VTD: 0001 RUMB (Part) Tract: 0207. Block(s): 201A, 201B, 202, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308C Tract: 0211.01 Block(s): 101A, 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 114A, 114B, 115A
VTD: 0004 RECR (Part)
Tract: 0206.
Block(s): 906, 907C, 909B VTD: 0009 LII
VTD: 0010 UII (Part)
Tract: 0211.02
TUESDAY, MARCH 24, 1992
3475
Block(s): 101A, 101B, 114B, 115A, 115B, 116A, 116B, 117, 118, 121, 122, 123, 124, 129, 140, 141, 301, 304
Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345
VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0211.03 Block(s): 334, 335, 336 Tract: 0212. Block(s): 101, 102, 103, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203
VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 201, 202, 203, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 231, 237, 238, 239, 240, 241
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 204, 207, 208, 209, 210, 211A, 211B, 212, 213B, 214, 215, 303A, 303B, 508, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 701, 702, 703, 704, 709, 710 Tract: 0213. Block(s): 311D, 314, 315, 316, 317, 428A, 428B, 429B, 430B, 431, 432 Tract: 0214. Block(s): 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 301, 302, 303, 304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 401, 402A, 402B, 407, 408, 507, 525, 526, 527, 528, 529, 530 Tract: 0215.02 Block(s): 143B, 144, 145
SUMTER COUNTY VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 196, 197
District: 139
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235 Tract: 0207.
3476
JOURNAL OF THE HOUSE,
Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract: 0208.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114. 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 301, 901A, 901B, 901C
VTD: 0002 MILL VTD: 0003 MSSH (Part)
Tract: 0202. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115. 116, 117, 118, 119
Tract: 0203. Block(s): 315, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429
VTD: 0004 RECR (Part) Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121
VTD: 0006 RUSS VTD: 0007 PKWD (Part)
Tract: 0201.01 Block(s): 224A, 224B, 225, 226
Tract: 0202. Block(s): 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202A, 202B, 202C, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303A, 303B, 303C, 304, 305, 306, 307, 308, 309, 310, 401A, 401B, 401C, 401D, 401E, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405A, 405B, 406A, 406B, 406C, 407, 409, 410A, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 425C, 425D, 426A, 426B
Tract: 0209. Block(s): 105, 108, 109, 110, 111, 114, 115, 116, 117, 118, 301, 401, 402, 403, 404, 405
VTD: 0010 UII (Part) Tract: 0211.01 Block(s): 113B Tract: 0211.02 Block(s): 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106E, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 119, 120, 125, 126, 127, 128, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 143
VTD: 0013 ANNX (Part)
Tract: 0209.
Block(s): 408, 409, 410, 411
Tract: 0210.
Block(s): 301, 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 318, 319
Tract: 0211.01
Block(s): 201B, 201C, 201D, 201E, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208A, 208C, 211B, 211C, 211F, 301A, 301B, 301C, 302A, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405A, 405B, 405C, 405D, 406A, 406B, 407A, 407B, 407C, 407D, 407E, 407F, 407G, 408A,
TUESDAY, MARCH 24, 1992
3477
408B, 409A, 409B, 410A, 410B, 410C, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B Tract: 0211.02 Block(s): 205, 213, 214, 215, 216, 217, 218, 219 VTD: 0017 WRJH
District: 140
MACON COUNTY CRAWFORD COUNTY
VTD: 0002 2 VTD: 001A 1A (Part)
Tract: 0702. Block(s): 321, 322, 326, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 386, 388, 393
VTD: 001B IB DOOLY COUNTY
VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 218, 219, 221A, 221B, 222A, 222B, 223, 225, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 254, 255, 311, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 336, 337, 338, 339, 340, 341A, 341B, 342, 343A, 343B, 344A, 344B, 345A, 345B, 346, 347, 348, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 389, 390, 391, 392, 393, 394, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426A, 426B, 427, 428, 429A, 429B, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 440B, 441, 442, 443A, 443B, 444, 445, 446, 447, 448, 449A, 449B, 450A, 450B, 451A, 451B, 452, 453, 454, 455, 456, 515A, 516, 517, 518, 519, 520, 521, 522, 523A, 523B, 524A, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 580A, 580B, 582, 587, 588, 589
VTD: 0004 DRAYTON 633 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671 PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE
AND POWERSVILLE (Part) Tract: 0401.
Block(s): 140, 141, 142, 143, 330, 331 Tract: 0402.
Block(s): 129A, 137A, 138, 151, 152, 153A, 153B, 154, 155, 156, 157A, 158, 159, 175, 176, 205, 207A, 207B, 208, 209, 210, 211A, 212, 213, 214, 215, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 236, 237, 238, 239, 240, 241A, 241B, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 254, 255, 256, 257A, 257B, 258, 259, 260, 261, 262, 263, 264
Tract: 0403.01 Block(s): 127A, 127B, 128, 129, 130, 131A, 131B, 132A, 132B, 133, 135
Tract: 0404.
3478
JOURNAL OF THE HOUSE,
Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 160A, 160B
VTD: 0015 DISTRICT 3 SCHLEY COUNTY
VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 148, 149, 150, 151, 152, 153A, 153B, 153C, 154, 181, 182, 183A, 183B, 184, 185, 193, 197, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 208, 242, 243, 255 Tract: 9602. Block(s): 105, 106, 107, 180
TAYLOR COUNTY VTD: 0001 1 (Part) Tract: 9502. Block(s): 273, 274, 276, 277 Tract: 9503. Block(s): 110, 111, 112A, 112B, 112C, 113, 114, 115, 116, 117A, 117B, 120A, 120B, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131B, 133, 134, 135, 136, 137, 221, 222, 223A, 223B, 228A, 236, 237, 238, 239, 240, 242, 245, 246A, 246B, 247, 248, 249, 250A, 251A, 252, 253, 254, 255, 256, 257, 301, 302, 303, 304, 305, 331, 333 VTD: 0006 6 (Part) Tract: 9503. Block(s): 241, 243, 244, 258, 306, 325, 326, 327, 328, 329, 330, 332, 334, 335 VTD: 0007 7
District: 141
CRISP COUNTY VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 118, 119, 120, 122, 123, 124, 204, 205A, 205B, 206, 211, 212, 213, 263A, 264A, 265A, 266A, 306A, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 321, 364, 365, 366, 367
Tract: 9802. Block(s): 144A, 148, 168A, 168C, 168D, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173F, 173G, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 196A, 197A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 453, 454A, 454B, 454C, 454D
Tract: 9803.
Block(s): 304, 305, 306, 307, 308, 309, 310, 311, 324, 325, 326, 327, 328, 329, 330, 351, 352, 353, 354, 357, 358, 359, 360
Tract: 9804.
Block(s): 303, 304, 305, 306, 311, 312, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B,
TUESDAY, MARCH 24, 1992
3479
423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 433 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 224A, 224B, 226A, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 509, 510, 511, 512, 513, 514, 515B, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 579, 581, 583, 584, 585, 586 VTD: 0003 THIRD 516 (Part) Tract: 9701. Block(s): 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 192, 360 VTD: 0005 FINDLAY 1552 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304, 305, 306, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 413, 414, 415, 416, 417, 418 Tract: 0208. Block(s): 401, 402 VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 302, 304, 305, 306A, 306B, 308A, 308B, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319 Tract: 0202. Block(s): 101 Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 102A, 102B, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126 Tract: 0205.
Block(s): 101A, 101B, 102, 103, 104, 105, 113A, 113B, 114A, 114B
Tract: 0206.
Block(s): 903, 904
VTD: 0008 NSJH (Part)
Tract: 0201.01
3480
JOURNAL OF THE HOUSE,
Block(s): 117, 118A, 118B Tract: 0201.02
Block(s): 224, 225, 226, 301B, 307A, 307B, 307C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425
VTD: 0011 10TH (Part) Tract: 0212. Block(s): 104, 106, 107, 108, 110, 206
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 223, 313, 314, 410, 411A, 411B, 412 Tract: 0202. Block(s): 408
VTD: 0013 ANNX (Part) Tract: 0211.01 Block(s): 302B, 303, 304, 305, 306 Tract: 0211.02 Block(s): 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212
VTD: 0014 N13 VTD: 0015 12TH (Part)
Tract: 0215.02 Block(s): 204, 211, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 205, 213A, 301, 302, 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 509, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115B, 115C, 115D, 116, 117A, 117B, 117C, 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 119, 120A, 120B, 121, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513"
The following amendment was read:
Representative Meadows of the 91st moves to amend the Hanner-Thurmond amendment to HB 1340 by striking all matter on lines 57 through 65 of page 3 and inserting in lieu thereof the following:
TUESDAY, MARCH 24, 1992
3481
"Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 326, 327, 328, 628, 630, 633, 634, 635, 636, 637, 638, 641, 642, 643, 644, 645, 646, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 713, 714A, 714B, 715, 717, 718, 719, 720, 721, 726, 727, 728, 731, 738, 739".
Further amend the Hanner-Thurmond amendment to HB 1340 by adding after line 54 of page 14 the following:
"Further amend HB 1340 by striking all matter on lines 49 through 55 of page 82 and inserting in lieu thereof the following:
'Tract: 9705. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 325, 529, 530, 531, 532, 533, 534, 535, 536, 537, 540, 629, 631, 632, 639, 640, 647, 712, 716, 722, 723, 724, 725, 729, 730, 732, 733, 736, 737'".
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 Ashe
Y Atkins N Baker Y Balkcom N Barfoot
Bargeron N Barnett,B Y Barnett.M N Bates N Beatty N Benefield N Birdsong Y Blitch N Bordeaux
N Bostick Y Branch Y Breedlove
Y Brooks N Brown Y Brush
Buck
N Buckner N Byrd
Y Campbell Y Canty N Carrell N Carter Y Cauthorn N Chafin N Chambless Y Cheeks N Childers
Y Clark.E N Clark.L Y Coker N Coleman N Colwell N Connell N Culbreth
Cummings.B
Y Cummings,M N Davis.D
Y Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover
Dunn N Edwards Y Elliott Y Felton N Fennel N Floyd,J.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin N Groover Y Hamilton N Hammond
Manner Y Harris.B
Harris,*)
Y Heard N Henson N Herbert N Holland
Y Holmes Y Howard Y Hudson N Irwin N Jackson N Jamieson N Jenkins Y Jones Y Kilgore N King N Kingston
Y Klein YLadd N Lane.D N Lane.R Y Langford N Lawrence N Lawson NLee N Long NLord N Lucas Y Mann N Martin N McBee Y McCoy N McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
N Mills N Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M YOrr N Orrock
Y Padgett N Parham N Parrish Y Patten N Pelote Y Perry N Pettit Y Pinholster N Pinkston
YPoag N Porter
N Poston N Powell,A Y Powell.C
N Presley N Purcell N Randall
YRay Reaves Redding
N Ricketson N Royal N Selman N Sherrill
Simpson N Sinkfield
N Skipper Smith,L
N Smith.P N Smith.T Y Smith.W
N Smyre N Snow
Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C Y Thomas.M N Thomas,N N Thurmond
N Titus Y Tolbert N Townsend Y Turnquest
N Twiggs Valenti
Y Vaughan
N Walker,J N Walker.L N Wall
N Watson N Watts Y White Y Wilder Y Williams.B Y Williams.J N Williams.R N Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 63, nays 103. The amendment was lost.
Representative Taylor of the 94th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
3482
JOURNAL OF THE HOUSE,
The Hanner-Thurmond amendment was adopted.
The following amendment (AM 21 0224) was read:
Representative McKinney of the 40th move to amend HB 1340 by striking in their entireties the descriptions of Districts 169, 171, and 175 and inserting in lieu thereof, respectively, the following:
"District: 169
BACON COUNTY BRANTLEY COUNTY CHARLTON COUNTY
VTD: 0003 3 VTD: 0005 5 (Part)
Tract: 9901. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 150, 151, 152A, 152B, 152C, 152D, 152E, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 174, 175, 176, 177, 178, 179, 180A, 181A, 182A, 183, 196A, 196B, 196C, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 278, 279, 280, 281, 282, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 305A, 309, 310, 311A, 312, 313, 315, 316, 323, 324, 325, 326, 336, 337, 338, 345, 346, 347, 348, 349, 350, 351, 352, 355, 387
GLYNN COUNTY VTD: 0001 STERLING 1163/1166
PIERCE COUNTY VTD: 0001 HACKLEBARNE-CASON VTD: 0002 BLACKSHEAR (Part) Tract: 9604. Block(s): 414, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 45i, 452, 453, 454, 455, 456, 476, 477, 484, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497A, 497B, 497C VTD: 0006 MERSHON 4B VTD: 0007 SUNSET-SWEAT 4C"
"District: 171
LONG COUNTY LIBERTY COUNTY
VTD: 0009 2-0009 VTD: 0010 2-0010 (Part)
Tract: 0101. Blocks(s): That portion of Block 901G which lies south and west of Georgia State Highway 144 and Georgia State Highway 119
PIERCE COUNTY VTD: 0002 BLACKSHEAR (Part) Tract: 9601. Block(s): 195 Tract: 9602. Block(s): 264, 265, 272, 273, 274, 275, 279, 280 Tract: 9603.
TUESDAY, MARCH 24, 1992
3483
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110A, HOB, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 123, 124, 125, 126, 127, 133, 134, 135, 136A, 136B, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 156, 157, 158, 159, 160, 161, 166A, 166B, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 301, 302, 303
Tract: 9604. Block(s): 108, 109, 110, 111, 112, 201A, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319A, 319B, 320, 321A, 321B, 322, 323, 324, 325, 326, 327, 328A, 328B, 329A, 329B, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338A, 338B, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424
VTD: 0003 ST JOHNS-BLACKSHEAR 3A VTD: 0004 OTTER CREEK 3B VTD: 0005 PATTERSON 4A WAYNE COUNTY VTD: 0001 ODUM VTD: 0004 SCREVEN VTD: 0006 EMPIRE VTD: 0007 RED HILL VTD: 0008 EAST JESUP VTD: 0009 GARDI VTD: 0010 MT. PLEASANT VTD: 0011 ALTAHAMA VTD: 0012 VFW VTD: 0013 COURTHOUSE VTD: 0014 NATIONAL GUARD ARMORY VTD: 0015 RECREATION CENTER"
"District: 175
CAMDEN COUNTY CHARLTON COUNTY
VTD: 0001 1 VTD: 0002 2 VTD: 0004 4 VTD: 0005 5 (Part)
Tract: 9901. Block(s): 101, 149, 184, 185, 187, 401, 402, 403, 404, 405, 406, 407, 410, 411, 412, 482, 483"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Y Barfoot
Bargeron N 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
Brown
Y Brush
Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell
N Carter
Y Cauthorn Y Chafin
Y Chambless
Cheeks
Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Y Connell
Y Culbreth Cummings.B
Y Cummin^s,M
Y Davis.D
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Edwards Y Elliott
3484
JOURNAL OF THE HOUSE,
Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt N Godbee Y Golden Y Goodwin E Green Y Greene
Y Griffin
Y Groover
Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Y Heard
Y Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Y Irwin
Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore
King Y Kingston Y Klein Y Ladd N Lane.D
Lane.R
Y Langford
Y Lawrence Y Lawson Y Lee Y Long Y Lord
Y Lucas
Y Mann
Y Martin Y McBee 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
Y Orr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote
Y Perry
Y Pettit Y Pinholster Y Pinkston N Poag Y Porter
Y Poston
Y Powell,A
Y Powell.C Y Presley 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,?
Y Smith.T
Y Smith, W
Y Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley
Y Streat
On the adoption of the amendment, the ayes were 161, nays 6. The amendment was adopted.
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 Watson
Y Watts
Y White
Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
Representatives Blitch of the 150th, Davis of the 45th and Dixon of the 151st stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.
The following amendment was read:
Representative Morsberger of the 62nd moves to amend HB 1340 by striking in their entireties the descriptions of District 80 and District 82 and inserting in lieu thereof the following:
"District: 80
GWINNETT COUNTY VTD: 0018 1263A VTD: 0019 1263B VTD: 0024 404A VTD: 0040 406G VTD: 0041 406H VTD: 0052 1263C VTD: 0053 1263D VTD: 0074 404C"
"District: 82
GWINNETT COUNTY VTD: 0027 444B (Part) Tract: 0505.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 140, 145, 146, 156, 157, 158, 159, 160, 161, 167, 191, 192, 193, 211, 223, 224 Tract: 0506.01 Block(s): 164
TUESDAY, MARCH 24, 1992
3485
Tract: 0506.02 Block(s): 305, 333, 334, 335, 345, 346, 347
VTD: 0029 407B VTD: 0030 407C VTD: 0032 544B (Part)
Tract: 0505.02 Block(s): 134A, 134B
Tract: 0505.07 Block(s): 101A, 101B, 102A, 201, 202, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 306, 307, 308, 309, 310, 311, 701, 702A, 702B, 702C, 703, 704, 705A, 705B, 705C, 705D, 706, 707, 708
VTD: 0033 544C VTD: 0055 407D VTD: 0067 404B"
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 Ashe N Atkins N Baker N Balkcom
Barfoot Bargeron Barnett.B Y Barnett.M Y Bates Y Beatty N Benefield Y Birdsong Y Blitch N Bordeaux Bostick Y Branch N Breedlove Y Brooks Brown
Y Brush N Buck N Buckner NByrd Y Campbell Y Canty
N Carrell Carter
Y Cauthorn N Chafin N Chambless
Cheeks N Childers
Y Clark.E N Clark.L Y Coker N Coleman N Colwell N Connell
N Culbreth Cummings.B
Y Cummings,M N Davis.D N Davis.G Y Davis.M
Dixon.H N Dixon.S
Y Dobbs N Dover
Dunn N Edwards
Y Elliott Y Felton N Fennel N Floyd.J.M N Floyd,J.W N Flynt Y Godbee N Golden
N Goodwin E Green N Greene Y Griffin N Groover Y Hamilton N Hammond N Hanner N Harris.B N HarrisJ
N Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson Y Jamieson N Jenkins N Jones N Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D N Lane.R Y Langford Y Lawrence N Lawson NLee N Long NLord
N Lucas Y Mann N Martin N McBee Y McCoy N McKelvey N McKinney.B Y 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 YOrr N Orrock
N Padgett N 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 Presley N Purcell
N Randall
YRay N Reaves
Redding Y Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield
N Skipper N Smith.L N Smith.P N Smith.T Y Smith.W N Smyre N Snow
Stancil.F Y Stancil.S Y Stanley
N Streat N Taylor N Teper N Thomas.C
Thomas.M N Thomas.N N Thurmond N Titus Y Tolbert Y Townsend N Turnquest N Twiggs N Valenti Y Vaughan N Walker,J Y Walker.L N Wall N Watson N Watts Y White Y Wilder Y Williams.B N Williams,J
Williams.R Yeargin Murphy,Spkr
On the adoption of the amendment, the ayes were 56, nays 107. The amendment was lost.
Representative Heard of the 43rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following amendment was read:
3486
JOURNAL OF THE HOUSE,
Representative Tolbert of the 58th moves to amend HB 1340 by striking the description of District: 63 through District: 68 and inserting in their place the following:
"District: 63
DEKALB COUNTY VTD: 0011 BRIARLAKE VTD: 0013 BROCKETT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0043 EVANSDALE VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.05 Block(s): 201, 202, 203, 205, 206, 207, 208, 209 Tract: 0218.06 Block(s): 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 132, 133, 134, 135, 136, 306, 307 Tract: 0218.09 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521 VTD: 0079 MEDLOCK VTD: 0087 MONTREAL VTD: 0092 NORTHLAKE VTD: OOAK REHOBOTH
District: 64
DEKALB COUNTY VTD: 0040 EMBRY HILLS (Part) Tract: 0218.08 Block(s): 507, 508, 511, 512, 513, 514, 515, 516 VTD: 0056 HUGH HOWELL (Part) Tract: 0218.06 Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 129, 130, 131, 138 Tract: 0219.02 Block(s): 202, 203, 204, 205, 301, 302, 303, 310 VTD: 0058 IDLEWOOD (Part) Tract: 0218.05 Block(s): 210, 229, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0218.06 Block(s): 137, 139 Tract: 0219.02 Block(s): 401A, 402, 403, 404, 405, 406, 409A Tract: 0219.04 Block(s): 101, 102, 103, 201, 401A, 501, 502, 503, 504, 505 Tract: 0220.04 Block(s): 101B, 101C, 201, 202A VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.06 Block(s): 301, 302, 303, 304, 305, 308 Tract: 0218.09 Block(s): 501, 502, 503, 504, 505, 506, 507 VTD: OOAD PLEASANTDALE (Part) Tract: 0218.98
TUESDAY, MARCH 24, 1992
3487
Block(s): 132B VTD: OOAH REDAN NORTH (Part)
Tract: 0233.05 Block(s): 101, 102, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 501, 502, 503, 504, 505
Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 407, 408
VTD: OOAX SILVER HILL (Part) Tract: 0219.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 201C, 206B, 208B, 209B, 211B, 213B, 214B, 215B, 247, 325C, 325D, 328B, 335, 336B, 337B, 341B, 344, 348, 349B
VTD: OOBB SMOKE RISE (Part) Tract: 0219.02 Block(s): 101, 102, 103, 104, 105, 106, 201, 206, 207, 208, 209, 210, 211, 212, 304, 305, 306, 307
VTD: OOBF STONE MILL (Part) Tract: 0219.02 Block(s): 401B, 407, 408, 409B, 410, 411, 412, 413 Tract: 0219.03 Block(s): 208C, 220, 229C, 232B Tract: 0219.04 Block(s): 104, 105, 106, 107, 202, 203, 204, 205, 301, 302, 303, 401B, 402, 403 Tract: 0219.05 Block(s): 101, 102, 103, 104B
VTD: OOBP TUCKER (Part) Tract: 0218.09 Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 401, 402, 403, 404, 405, 406, 407
District: 65
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0026 CLARKSTON (Part) Tract: 0220.02 Block(s): 202, 216, 217, 218, 219, 220, 222, 225, 226, 227, 228, 229, 235, 236, 301, 302, 304A, 305A, 306A, 307A, 405A, 410A, 411A, 415 VTD: 0051 HAMBRICK (Part) Tract: 0219.05 Block(s): 104A, 105, 106, 107, 108, 109, 110, 111, 112 Tract: 0220.04 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113. 114, 115 VTD: 0062 JOLLY (Part) Tract: 0220.02 Block(s): 201C, 405B, 406, 407, 408, 409, 410B, 41 IB, 412B VTD: 0072 MAINSTREET NORTH (Part) Tract: 0232.05 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114. 119, 122, 123, 124, 505, 506, 507, 508 VTD: 0073 MAINSTREET SOUTH (Part) Tract: 0232.05
3488
JOURNAL OF THE HOUSE,
Block(s): 501, 502, 503, 504, 509, 510, 511, 512, 515, 517, 518, 519, 520 VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH (Part)
Tract: 0220.05 Block(s): 401, 402, 403, 404, 405, 406, 410, 411, 412
VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH (Part)
Tract: 0233.06 Block(s): 401
VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402, 403, 404, 405, 406
VTD: 00AM ROCK CHAPEL (Part) Tract: 0219.03 Block(s): 342B, 343B Tract: 0219.05 Block(s): 201B, 202, 203B, 205, 206, 207, 208, 209, 210, 211, 501D, 502, 901B, 902, 903, 904
VTD: OOAQ ROWLAND ROAD (Part) Tract: 0232.04 Block(s): 201, 202, 203, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313
VTD: OOBF STONE MILL (Part) Tract: 0219.03 Block(s): 327B, 329B, 334, 338, 339B, 339C, 339D, 339E, 340B, 340C, 341C, 345, 346, 347
VTD: OOBG STONE MOUNTAIN
District: 66
DEKALB COUNTY VTD: 0026 CLARKSTON (Part) Tract: 0220.02 Block(s): 201A, 203, 204, 205, 206, 207, 208A, 209, 211, 212, 214A, 214B, 214C, 221A, 223, 224, 230, 231, 232A, 233, 234, 240, 401A, 403A, 413, 414, 419 VTD: 0036 DUNAIRE VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY (Part) Tract: 0220.02 Block(s): 303, 304B, 305B, 309, 310, 311, 312 VTD: 0076 MCLENDON VTD: 0081 MEMORIAL SOUTH (Part) Tract: 0220.05 Block(s): 407, 408, 409 VTD: 00AM ROCK CHAPEL (Part) Tract: 0219.05 Block(s): 503, 504, 505, 506, 507, 508, 509, 510 VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE
District: 67
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0014 CALLANWOLDE VTD: 0024 CLAIREMONT VTD: 0035 DRUID HILLS AND MARY LIN
TUESDAY, MARCH 24, 1992
3489
VTD: 0041 EMORY (Part) Tract: 0215. Block(s): 114, 115 Tract: 0224.02 Block(s): 101, 102, 103, 105, 108, 109, 110, 111, 114, 115, 201, 203, 204, 205, 206, 207, 208A, 211, 212, 213, 214, 215, 220, 224, 227, 228 Tract: 0224.03 Block(s): 102, 108, 401A, 406, 407, 410, 411, 412, 413, 414, 420 Tract: 0225. Block(s): 101B, 109B
VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0061 JOHNSON ESTATES VTD: 0091 NORTH DECATUR VTD: OOAE PONCE DE LEON (Part)
Tract: 0225. Block(s): 309, 316, 317, 318, 319, 320, 505, 507, 508, 509, 510, 601, 602, 604, 605, 606, 608, 609, 610, 611, 612A, 614, 701, 702
VTD: OOAU SCOTT VTD: OOBW WESLEY WOODS (Part)
Tract: 0215. Block(s): 116, 117, 118, 119, 127, 128, 129, 130, 132, 133
Tract: 0224.02 Block(s): 202, 208B, 218, 219, 221, 222
VTD: OOBX WESTCHESTER
District: 68
DEKALB COUNTY VTD: 0038 EAST LAKE (Part) Tract: 0208. Block(s): 108, 109, 110, 201, 202, 203, 215, 322, 323, 501, 502, 503, 505, 506, 508, 509, 510, 512, 513, 514, 515, 516, 518, 519, 521, 522, 523, 524, 525, 526, 527, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538 VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON (Part) Tract: 0225. Block(s): 401, 402, 403, 404, 405, 406, 408, 411, 412, 502, 503, 513, 603, 607 VTD: OOBD SOUTH DECATUR VTD: OOBJ TERRY MILL VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH"
By striking the description of District: 70 and District: 71 and inserting in their place the following:
"District: 70
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0015 CANBY (Part)
3490
JOURNAL OF THE HOUSE,
Tract: 0235.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 219, 220, 401, 402, 403, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418
VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE (Part) Tract: 0232.06 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413
VTD: 0031 CROSSROADS (Part) Tract: 0232.07 Block(s): 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122
VTD: 0073 MAINSTREET SOUTH (Part) Tract: 0232.05 Block(s): 407
VTD: 0085 MILLER ROAD (Part) Tract: 0232.03 Block(s): 203, 301, 302, 303, 304, 305, 306, 307, 411
VTD: 0098 PEACHCREST VTD: OOAF RAINBOW (Part)
Tract: 0234.08 Block(s): 301, 302, 801, 802, 803, 804, 812
VTD: OOAN ROWLAND VTD: OOBC SNAPFINGER VTD: OOBN TOWERS
District: 71
DEKALB COUNTY VTD: 0015 CANBY (Part) Tract: 0235.03 Block(s): 128 VTD: 0031 CROSSROADS (Part) Tract: 0232.07 Block(s): 102, 103, 104, 105, 106, 107 VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 205, 209, 214, 215, 218, 219, 224, 226, 229 VTD: 0072 MAINSTREET NORTH (Part) Tract: 0232.05 Block(s): 115, 118, 120 VTD: 0073 MAINSTREET SOUTH (Part) Tract: 0232.05 Block(s): 116, 117, 121, 401, 402, 403, 404, 405, 406, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 513, 514, 516, 521, 522 VTD: 0085 MILLER ROAD (Part) Tract: 0232.03 Block(s): 101, 102, 103, 104, 201, 202, 204, 308, 309, 310, 311, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 412, 413, 414, 501, 502, 503, 504, 505, 601, 602, 603, 604 VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAF RAINBOW (Part) Tract: 0234.08 Block(s): 103
TUESDAY, MARCH 24, 1992
3491
VXD: OOAJ REDAN SOUTH (Part) Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502 Tract: 0233.08 Block(s): 502, 503, 504, 505
VTD: OOAT SALEM (Part) Tract: 0234.07 Block(s): 212, 213, 220, 227, 230, 231, 233, 502, 503, 504, 505, 506, 507, 508, 509, 510
VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 210B, 215B Tract: 0233.08 Block(s): 506, 507, 508, 509, 510, 511, 512, 513, 514, 516, 517, 518, 519, 520"
By striking the description of District: 74 and inserting in its place the following: "District: 74
DEKALB COUNTY VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201A, 201B, 202, 203, 204, 206, 207, 208, 210, 211, 216, 217, 234 VTD: OOAB PHILLIPS VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 507, 508, 509A Tract: 0233.07 Block(s): 503, 504, 505, 506 Tract: 0233.08 Block(s): 501, 515 VTD: OOAT SALEM (Part) Tract: 0234.07 Block(s): 221, 222, 223, 228, 232, 501 VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 201B, 202B, 205B, 208, 211C, 212, 213, 214, 307B, 308, 309B Tract: 0233.08 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610
ROCKDALE COUNTY VTD: 0003 FIAT SHOALS (Part) Tract: 0603.02 Block(s): 305B Tract: 0603.04 Block(s): 614C VTD: 0004 HONEY CREEK VTD: 0006 LORRAINE VTD: 0007 MAGNET VTD: 0009 OLDE TOWNE (Part) Tract: 0602. Block(s): 701A Tract: 0603.02 Block(s): 301A, 305A, 611A Tract: 0603.03 Block(s): 113A, 118A, 118B, 118C, 118D, 119A, 401A, 402, 403, 502A, 503, 504, 505, 506, 507, 508, 509, 510, 511, 702A
3492
JOURNAL OF THE HOUSE,
Tract: 0603.04 Block(s): 102C, 106A, 107, 108, 109, 110, 111, 112, 113A, 401A, 402, 403A, 404, 405, 406, 407A, 503B, 507, 508, 509, 510A, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525A, 526, 527, 528A, 529, 530, 601A, 607A, 608, 609A, 610, 611A, 612, 613, 614A, 615A, 616A, 617A, 701A, 701B, 702A, 705A
VTD: 0010 ROCKDALE VTD: 0012 SMYRNA VTD: 0013 STANTON VTD: 0015 BARKSDALE"
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 Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux
Bostick Y Branch Y Breedlove N Brooks N Brown Y Brush N Buck N Buckner N Byrd Y Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers
Y Clark.E Y Clark.L Y Coker N Coleman N Colwell N Connell N Culbreth
Cummings,B N Cummings.M N Davis.D N Davis.G Y Davis.M
Dixon.H N Dixon,S N Dobbs N Dover
Dunn N Edwards Y Elliott Y Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green
Greene N Griffin N Groover N Hamilton N Hammond N Manner Y Harris.B N Harris.J
Y Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson
Jamieson N Jenkins Y Jones N Kilgore N King Y Kingston Y Klein YLadd Y Lane.D N Lane.R N Langford Y Lawrence N Lawson NLee N Long NLord N Lucas YMann N Martin N McBee N McCoy N McKelvey N McKinney.B N McKinney.C Y Meadows N Merritt N Milam
N Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag Y Porter N Poston Y Powell.A Y Powell.C Y Presley 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 N Smith.P N Smith.T Y Smith.W N Smyre N Snow
Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas,M N Thomas.N N Thurmond N Titus
Y Tolbert Townsend
N Turnquest
N Twiggs N Valenti Y Vaughan N Walker.J N Walker.L
N Wall N Watson N Watts
White Y Wilder Y Williams.B N Williams.J N Williams.R
Yeargin Murphy,Spkr
On the adoption of the amendment, the ayes were 45, nays 120. The amendment was lost.
The following amendment was read:
Representative Meadows of the 91st moves to amend HB 1340 by striking in their entireties the descriptions of Districts 131 and 137 and inserting in lieu thereof the following:
"District: 131
COWETA COUNTY VTD: 0002 SECOND (MORELAND)
TUESDAY, MARCH 24, 1992
3493
VTD: 0014 FIFTH (NEWMAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part)
Tract: 1706. Block(s): 401A, 413A, 413C, 414B, 415A, 417A, 418A, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 438, 439, 440, 517
VTD: 0017 SEVENTEENTH (NEWNAN) MERIWETHER COUNTY
VTD: 0001 LONE OAK VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 325, 529, 530, 531, 532, 533, 534, 535, 536, 537, 540, 628, 629, 630, 631, 632, 633, 634, 635, 639, 640, 647, 716
VTD: 0008 GILL TWO VTD: 0011 ODESSADALE-SEVENTH VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part)
Tract: 9608. Block(s): 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 133, 134, 221, 222, 223, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 324, 325, 417, 418, 419, 420, 421, 422, 423, 424
Tract: 9609. Block(s): 101, 102, 104, 105, 106, 107, 201, 202, 203A, 203B, 203C, 204, 205A, 205B, 206, 207, 208, 209, 210, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 319, 320, 511, 512
VTD: 0004 LAGRANGE FOUR VTD: 0009 MOUNTVILLE (Part)
Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 113, 120, 121, 122, 123, 124, 125, 126, 127, 134, 135, 136, 137, 138, 141, 143, 144, 158, 159, 160, 161, 162, 163
Tract: 9611. Block(s): 101, 104
VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part)
Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217, 232, 233, 234, 235
Tract: 9607. Block(s): 308B, 309, 337, 338"
"District: 137
CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part) Tract: 0201. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142,
3494
JOURNAL OF THE HOUSE,
143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250 Tract: 0202.
Block(s): 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921
MARION COUNTY VTD: 0010 DRANEVILLE
VTD: 0015 DOYLE VTD: 0020 TAZEWELL VTD: 0025 FORT PERRY
VTD: 0030 PINEKNOT VTD: 0035 BRANTLEY MERIWETHER COUNTY VTD: 0005 WOODBURY-LOWER NINTH
VTD: 0006 CHALYBEATE AND LOVE
VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 326, 327, 328, 636, 637, 638, 641, 642, 643, 644, 645, 646, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713,
714A, 714B, 715, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 735, 736, 737, 738, 739 VTD: 0009 WARM SPRINGS
VTD: 0010 DURAND SCHLEY COUNTY
VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126,
127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159,
160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B, 179, 180A, 180B, 186,
187, 188, 189, 190, 191, 192, 194, 195A, 195B, 196, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217A, 217B, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224A, 224B, 225, 226, 227,
228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B,
254, 256, 257A, 257B, 258A, 258B, 259A, 259B, 260, 261, 262A, 262B, 263 Tract: 9602.
Block(s): 101, 102, 103, 104, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129,
130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155,
156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 181, 182,
183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
TUESDAY, MARCH 24, 1992
3495
SUMTER COUNTY VTD: 0025 CONCORD NEW 26 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140A, HOB, 141A, 141C, 141D, 142, 149A, 149C, 150, 151, 152, 301A, 301B, 301C, 301E, 302, 307, 308, 309, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 317, 318, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405, 406, 407, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 221, 222, 223, 224, 225, 501, 502, 503, 504, 505, 506, 507, 508, 509 Tract: 9506. Block(s): 101, 126, 128, 129, 130, 145, 146, 147, 148, 149 Tract: 9507. Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407C, 408A, 408B, 409B, 409C, 409E, 417, 426 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 177, 178, 179, 180, 192, 193, 194, 195 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 154, 155, 401, 431, 433 VTD: 0045 ANDERSONVILLE
TALBOT COUNTY VTD: 3002 FLINT HILL VTD: 3003 GENEVA VTD: 3004 JUNCTION CITY VTD: 3006 PRATTSBURG VTD: 3007 TALBOTTON VTD: 3008 VALLEY
TAYLOR COUNTY VTD: 0001 1
VTD: 0003 3
VTD: 0004 4
VTD: 0005 5
VTD: 0006 6
VTD: 0007 7 (Part)
3496
JOURNAL OF THE HOUSE,
Tract: 9501.
Block(s): 172, 173, 174
Tract: 9502. Block(s) 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A, 158B, 159, 160A, 160B, 162, 172, 173, 174A, 174B, 175, 176A, 176B, 177, 178, 179, 180, 181, 182, 183, 184, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229B, 230B, 232B, 233, 234, 235, 236, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262, 263, 268, 269, 270, 271, 275, 294, 295, 296, 297
Tract: 9503. Block(s): 101, 102, 104, 107, 108
VTD: 0008 8 VTD: 0009 9"
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 N Ashe Y Atkins N Baker N Balkcom
N Barfoot Y Bargeron
Barnett,B Y Barnett.M N Bates Y Beatty
Benefield N Birdsong Y Blitch N Bordeaux N Bostick Y Branch
Y Breedlove Y Brooks N Brown Y Brush YBuck N Buckner NByrd Y Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers
Y Clark.E N Clark.L Y Coker N Coleman N Colwell N Connell N Culbreth
Cummings,B Y Cummings.M
N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover
Dunn N Edwards Y Elliott
N Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene
Griffin N Groover N Hamilton N Hammond N Hanner Y Harris.B
Harris,J
Y Heard
N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson
Jamieson N Jenkins
Y Jones N Kilgore NKing Y Kingston Y Klein YLadd Y Lane.D N Lane.R Y Langford N Lawrence
Lawson
NLee N Long NLord N Lucas YMann N Martin N McBee N McCoy N McKelvey N McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
N Mills
N Mobley Y Moody Y Morsberger
Y Moultrie Y 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 YPoag N Porter N Poston N Powell.A Y Powell.C N Presley N Purcell N Randall
YRay N Reaves
Redding Y Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield
N Skipper N Smith.L N Smith,? N Smith.T Y Smith.W N Smyre N Snow
Stancil.F Y Stancil.S N Stanley N Streat
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 Y Vaughan
N Walker.J N Walker.L
N Wall 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 amendment, the ayes were 54, nays 113. The amendment was lost.
Representative Taylor of the 94th 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, MARCH 24, 1992
3497
The substitute, as amended, was adopted.
Representative Banner of the 131st moved that the House agree to the Senate amendment, as substituted by the House, to HB 1340.
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe N Atkins Y Baker
N Balkcom Y Barfoot Y Bargeron N Barnett.B N Barnett.M N Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick N Branch Y Breedlove Y Brooks Y Brown N Brush
Y Buck N Buckner YByrd Y Campbell
Y Canty Y Carrell
N Carter Y Cauthorn Y Chafin N Chambless N Cheeks Y Childers
Y Clark.E
N Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings.B Y Cummings.M N Davis.D Y Davis.G N 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 Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin N Groover Y Hamilton Y Hammond Y Manner N Harris.B Y HarrisJ
Y Heard Y Henson Y Herbert
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore NKing Y Kingston Y Klein NLadd N Lane.D Y Lane,R Y Langford N Lawrence Y Lawson YLee
N Long YLord
Y Lucas YMann Y Martin
Y McBee Y McCoy
N McKelvey Y McKinney.B
Y McKinney.C N Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody N Morsberger Y Moultrie N Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston NPoag Y Porter Y Poston Y Powell.A N Powell.C
N Presley Y Purcell Y Randall
YRay Y Reaves
Redding N Ricketson N 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
Stancil.F Y Stancil.S
Y Stanley N Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus N Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan N WalkerJ N Walker.L Y Wall N Watson Y Watts Y White N Wilder N Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 133, nays 41. The motion prevailed.
Representative Streat of the 139th stated that he inadvertently voted "nay" on the preceding roll call. He 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.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1340.
By Representative Hanner of the 131st:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts.
The following report of the Committee of Conference was read:
3498
JOURNAL OF THE HOUSE,
COMMITTEE OF CONFERENCE REPORT ON HB 1340
The Committee of Conference on HB 1340 recommends that both the Senate and the House of Representatives recede from their positions and that the attached documents be adopted: a document captioned "Committee of Conference Substitute to HB 1340" (LC 21 1842S) as modified and perfected by two amendatory documents: (1) a document captioned as the Hanner-Thurmond Amendment (AM 14 0063); and (2) a document captioned as the McKinney Amendment (AM 21 0224).
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Wayne Garner Senator, 30th District
/s/ Bob Hanner Representative, 131st District
/s/ Gene Walker Senator, 43rd District
/s/ Sonny Dixon Representative, 128th District
/s/ George Hooks Senator, 14th District
/s/ Tommy Smith Representative, 152nd District
Representative Hanner of the 131st moved that the House adopt the report of the Committee of Conference on HB 1340.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford YAshe N Atkins
Y Baker Y Balkcom Y Barfoot Y Bargeron N Barnett.B N Barnett,M N Bates
Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux
Bostick N Branch Y Breedlove Y Brooks Y Brown
N Brush YBuck N Buckner YByrd Y Campbell Y Canty Y Carrell N Carter Y Cauthorn Y Chafin N Chambless
Cheeks Y Childers
Y Clark.E N Clark.L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G
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 Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin N Groover Y Hamilton Y Hammond Y Hanner N Harris.B Y Harris,J
Y Heard
Y Henson Y Herbert 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 N Lane.D Y Lane.R Y Langford
N Lawrence Y Lawson YLee
Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy N McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam
On the motion, the ayes were 137, nays 33. The motion prevailed.
Y Mills Y Mobley Y Moody
N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett
Par ham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster N Pinkston NPoag Y Porter
Y Poston Y Powell,A N Powell.C N Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson N 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 Streat Y Taylor
Teper Y Thomas.C Y Thomas.M
Y Thomas.N Y Thurmond N Titus N Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan N Walker,J
N Walker.L Y Wall N Watson Y Watts Y White
N Wilder N Williams,B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
TUESDAY, MARCH 24, 1992
3499
Representative King of the 72nd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.
The Speaker Pro Tern assumed the Chair.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 567. By Senators Walker of the 43rd and Garner of the 30th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 567
The Committee of Conference on SB 567 recommends that both the Senate and the House of Representatives recede from their positions and that the attached documents be adopted: a document captioned "Committee of Conference Substitute to SB 567" (LC 18 5085S) as modified and perfected by an amendatory document captioned as AM 18 0181.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Gene Walker Senator, 43rd District
/s/ Bob Hanner Representative, 131st District
/s/ George Hooks Senator, 14th District
/s/ Sonny Dixon Representative, 128th District
/s/ Wayne Garner Senator, 30th District
/s/ Tommy Smith Representative, 152nd District
A BILL
To amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide definitions and inclusions; 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. Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, is amended by striking Code Section 28-2-2, relating to apportionment and qualifications of the Senate, and inserting in its place a new Code Section 28-2-2 to read as follows:
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JOURNAL OF THE HOUSE,
"28-2-2. (a) There shall be 56 members of the Senate, and such membership shall be apportioned 'among the senatorial districts provided for in this Code section. Each Senate district shall be composed of a portion of a county, or a county, or counties, or a combination thereof, as provided in this subsection, and shall be represented by one Senator.
District: 1
CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7 VTD: 0009 1-9 VTD: 0010 1-10 VTD: 0011 1-11 VTD: 0012 1-12 VTD: 0013 1-13 VTD: 0022 2-9 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part) Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0061 6-6 VTD: 0062 6-7 VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 VTD: 0073 7-9 VTD: 0074 7-10 VTD: 0075 7-11 VTD: 0076 8-1
District: 2
BRYAN COUNTY
TUESDAY, MARCH 24, 1992
3501
VTD: 0001 NINETEENTH VTD: 0002 MILL CREEK VTD: 0006 FORT STEWART VTD: 0007 BLITCHTON CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0024 3-1
VTD: 0025 3-2
VTD: 0026 3-3 VTD: 0027 3-4 VTD: 0028 3-5
VTD: 0029 3-6 VTD: 0030 3-7
VTD: 0034 4-1 VTD: 0035 4-2 VTD: 0036 4-3
VTD: 0037 4-4 VTD: 0043 4-10 (Part)
Tract: 0038. Block(s): 204B, 307B, 312B, 313B
Tract: 0039. Block(s): 201B, 202B
Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413
VTD: 0046 5-1
VTD: 0047 5-2 VTD: 0049 5-4 VTD: 0050 5-5
VTD: 0051 5-6 VTD: 0052 5-7 VTD: 0053 5-8
VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0065 7-1
VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0077 8-2
VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5
VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8
VTD: 0084 8-9 VTD: 0085 8-10
VTD: 0086 5-11 EFFINGHAM COUNTY
VTD: 0001 FAULKVILLE 1 (Part)
Tract: 0304. Block(s): 248, 249, 250, 251, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414
3502
JOURNAL OF THE HOUSE,
Tract: 0305.98 Block(s): 105, 106B, 107B, 108A, 108B, 126B, 201A, 202A, 203A, 204A, 249B, 250B, 251A, 278A, 279
LIBERTY COUNTY VTD: 0009 2-0009 VTD: 0010 2-0010 VTD: 0011 2-0011
District: 3
LONG COUNTY MCINTOSH COUNTY BRYAN COUNTY
VTD: 0003 RICHMOND HILL VTD: 0004 TWENTH WEST VTD: 0005 FORT MCALLISTER GLYNN COUNTY VTD: 0001 STERLING 1163/1166 VTD: 0002 GLYNCO 1263 VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 VTD: 0009 BALLARD RECREATION 3253 VTD: 0010 GLYNDALE COMMUNITY BLDG. 3353/3363 VTD: 0011 BWK. ARMORY 4153 VTD: 0012 JANE MACON 4253 VTD: 0013 CITY RECREATION 5153 VTD: 0014 ADULT EDUCATION 5253 LIBERTY COUNTY VTD: 0001 RICEBORO VTD: 0002 HINESVILLE VTD: 0003 DORCHESTER VTD: 0004 WALTHOURVILLE AND FLEMING WEST VTD: 0006 FLEMING EAST VTD: 0007 GUM BRANCH VTD: 0008 MCINTOSH VTD: 0012 2-0012 WAYNE COUNTY VTD: 0009 GARDI VTD: 0010 MT. PLEASANT VTD: 0011 ALTAHAMA
District: 4
SCREVEN COUNTY JENKINS COUNTY BULLOCH COUNTY TATTNALL COUNTY EVANS COUNTY EFFINGHAM COUNTY
VTD: 0001 FAULKVILLE 1 (Part) Tract: 0304. Block(s): 118, 119, 120, 121, 122, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 180, 181, 182, 183, 188, 189, 190, 191, 192, 193, 194, 195, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313,
TUESDAY, MARCH 24, 1992
3503
314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 415 Tract: 0305.98 Block(s): 101A, 102A, 103A, 103B, 104A, 116B, 145A VTD: 0002 GUYTON 2A VTD: 0003 HODGEVILLE 2B VTD: 0004 SHAWNEE 3A VTD: 0005 CLYO 3B VTD: 0006 MASONIC LODGE 3C AND SPRINGFIELD 4 VTD: 0008 RINCON 5
District: 5
DEKALB COUNTY VTD: 0011 BRIARLAKE VTD: 0013 BROCKETT (Part) Tract: 0218.05 Block(s): 204, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234 Tract: 0218.10 Block(s): 301, 304, 305, 306 VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0067 LAKESIDE VTD: 0069 LAVISTA AND LIVSEY VTD: 0087 MONTREAL (Part) Tract: 0218.10 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: OOAD PLEASANTDALE VTD: OOAX SILVER HILL VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBU WARREN
GWINNETT COUNTY VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0011 408B VTD: 0064 4051 VTD: 0073 408K (Part) Tract: 0507.06 Block(s): 209
District: 6
APPLING COUNTY
3504
JOURNAL OF THE HOUSE,
BACON COUNTY PIERCE COUNTY BRANTLEY COUNTY GLYNN COUNTY
VTD: 0003 FANCY BLUFF 1366 VTD: 0004 SSI CASINO 2166 VTD: 0005 SSI AIR NATIONAL GUARD 2266 VTD: 0006 SSI FIRE STATION 2366 VTD: 0007 JEKYLL 2466 WARE COUNTY VTD: 0001 DISTRICT 1 VTD: 0002 DISTRICT 2 VTD: 0151 1231-151 (Part)
Tract: 9506. Block(s): 101B
VTD: 150B 1231-150B WAYNE COUNTY
VTD: 0001 ODUM VTD: 0002 MADRAY SPRINGS VTD: 0003 OGLETHORPE VTD: 0004 SCREVEN VTD: 0005 RITCH VTD: 0006 EMPIRE VTD: 0007 RED HILL VTD: 0008 EAST JESUP VTD: 0012 VFW VTD: 0013 COURTHOUSE VTD: 0014 NATIONAL GUARD ARMORY VTD: 0015 RECREATION CENTER
District: 7
TIFT COUNTY BERRIEN COUNTY CLINCH COUNTY LANIER COUNTY CAMDEN COUNTY CHARLTON COUNTY WARE COUNTY
VTD: 0005 BEACH-BICKLEY VTD: 0010 HAYWOOD VTD: 0015 JAMESTOWN VTD: 0020 MANOR VTD: 0025 MILLWOOD VTD: 0030 WARESBORO VTD: 0151 1231-151 (Part)
Tract: 9506. Block(s): 101C, 101D, 102, 103, 104, 105, 106, 107, 108A, 108B, 108C,
109, HOB, 111, 130C, 130D, 131, 132B, 133C, 134, 135, 136, 137, 138, 139, 201, 202, 203C, 204, 205B, 228, 229, 230, 231,
232, 233, 234, 235, 236, 237, 238, 239, 240, 601, 602, 603, 604, 605 Tract: 9508.
Block(s): 565 Tract: 9509.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115E, 133B, 134, 135, 136, 137, 138, 139, 140, 141, 142,
143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155,
TUESDAY, MARCH 24, 1992
3505
156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 225G, 226, 227D, 238B, 245B, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 353B, 357, 358, 359, 360B, 382B, 382C, 383B, 384, 385, 401, 402B, 403, 412C, 418B, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434B, 437B, 437C, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497 VTD: 150A 1231-150A VTD: 150C 1231-150C
District: 8
ECHOLS COUNTY BROOKS COUNTY
VTD: 0001 BARNEY VTD: 0002 BRIGGS (Part)
Tract: 9903. Block(s): 221, 222, 223, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 257, 264, 265
Tract: 9904. Block(s): 101, 102, 130, 131, 132, 133, 134, 135, 136, 137
VTD: 0004 DRY LAKE VTD: 0006 HICKORY HEAD VTD: 0007 MORVEN VTD: 0008 WANKIN VTD: 0009 QUITMAN (Part)
Tract: 9902. Block(s): 295
Tract: 9903. Block(s): 278, 279, 292, 293
Tract: 9904. Block(s): 103, 104, 105, 106, 107, 108, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 155B, 156, 158B, 217B, 218, 219B, 220, 224, 225, 228, 233, 237B
Tract: 9905. Block(s): 147C, 147D, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168B, 169B, 169C, 170C, 190B, 192, 193, 194, 195, 196, 197, 330, 331, 332, 333, 334, 335, 336B, 354B, 357B, 358, 359, 360, 361, 362
VTD: 0010 TALLOAKS AND WILLIAMS COOK COUNTY
VTD: 0002 CECIL VTD: 0003 PINE VALLEY VTD: 0006 RIVER BEND DECATUR COUNTY VTD: 0002 BAINBRIDGE (Part)
Tract: 9701. Block(s): 177, 179, 180, 181, 182, 183, 186, 187, 188, 189, 190, 191, 192, 193
Tract: 9704. Block(s): 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123,
3506
JOURNAL OF THE HOUSE,
124A, 124B, 125, 126A, 126B, 127, 128, 201, 202A, 202B, 203,
204, 205A, 205B, 206, 207, 208, 209, 210, 243
Tract: 9706.
Block(s): 101, 102, 113, 114, 115, 116, 117, 118, 119, 120, 121, 130, 131,
132, 133, 134, 201, 202, 222, 223, 224, 225, 226, 227, 228, 229,
230, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311,
312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324,
325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337,
338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350,
403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414,
415
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9702. Block(s): 190, 192, 193, 194, 195, 237, 238, 239, 240, 257 Tract: 9703. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 144B, 145, 146B, 147B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 158B, 159, 160, 161, 162, 163, 201B, 202C, 203, 204B, 260B, 261, 262, 263, 264, 265, 266, 267C, 270B, 278B, 287, 288
VTD: 0004 BELCHER VTD: 0006 BRINSON VTD: 0007 CLIMAX VTD: 0010 KENDRICK VTD: 0011 PARKER VTD: 0012 PINE HILL GRADY COUNTY VTD: 0005 BLOWING CAVE VTD: 0020 LIMESINK & SPRINGHILL VTD: 0025 MIDWAY (Part)
Tract' 9505 Block(s): 108, 109, 110, 111A, 111B, 111C, 124B, 127B, 128B, 129, 130, 131, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 309B, 309C, 316B, 321, 322B, 323, 324, 335, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349
VTD: 0030 PINEPARK VTD: 0040 SPENCE VTD: 0045 WOODLAND (Part)
Tract: 9503.
Block(s): 107, 108, 110, 111, 112, 113, 114, 118, 119, 122, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136A, 136B, 137, 138, 144, 145, 146, 151
Tract: 9504.
Block(s): 101, 102, 103, 104, 105, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151B, 152, 203, 204, 205, 206, 207, 208, 209, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 231B, 231C, 232A, 232B, 233, 236, 239, 240, 241, 242A, 242B, 242C, 243, 244, 245, 301C, 302, 303B, 322B
VTD: 0055 CAIRO 5 (Part) Tract: 9504.
Block(s): 151A, 301A, 301B, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A,
TUESDAY, MARCH 24, 1992
3507
323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 404, 405, 406, 407, 408, 409, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437 Tract: 9505. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127A, 128A, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 310, 311, 312, 313, 314, 315, 316A, 317, 318, 319, 320, 322A, 411, 413, 414, 416 VTD: 0060 WHIGHAM LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM VTD: 0005 GARDEN CENTER (Part) Tract: 0105. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 134, 135
Tract: 0110.
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
214, 215, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318,
319, 320, 321, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333,
334
Tract: 0111.
Block(s): 207, 208, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230,
231 VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0015 AZALEA CITY CHURCH OF GOD (Part)
Tract: 0109. Block(s): 337A, 337B, 338, 339, 340, 341, 342A, 342B, 343A, 343B, 344A, 344B, 345, 346A, 346B, 346C
Tract: 0113. Block(s): 111B, 116B
Tract: 0114. Block(s): 403A, 403B, 403C, 403D, 403E, 403F, 404, 405A, 405B, 405C, 405D, 405E, 405F, 406, 407A, 407B, 408, 409A, 409B, 410, 411, 412, 413A, 413B, 413C, 414A, 414B, 415A, 415B, 416
VTD: 0016 REDLANDS BAPTIST CHURCH (Part)
Tract: 0114.
Block(s): 501, 502, 504B, 505B, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 672, 673, 674, 675, 676, 677B, 678, 680, 681, 682
3508
JOURNAL OF THE HOUSE,
VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 493, 494, 496, 497
VTD: 0018 NEW COVENANT CHURCH VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL THOMAS COUNTY VTD: 0001 EASTSIDE VTD: 0004 OCHLOCHNEE VTD: 0005 MEIGS VTD: 0006 COOLIDGE VTD: 0007 PAVO VTD: 0009 BARWICK VTD: 0010 ELLABELLE VTD: 0011 MERRIVILLE VTD: 0013 ARMORY (Part)
Tract: 9602. Block(s): 292
Tract: 9608. Block(s): 101, 102, 103, 104A, 104E, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131, 132, 133, 134, 136, 137B, 138, 139, 140, 141, 142, 160, 161, 162, 163, 164, 165, 529B, 531, 535B, 536
Tract: 9610. Block(s): 304D, 304E, 305B, 306, 307C, 308, 309B, 310F, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328B, 329, 330, 331, 332, 336
VTD: 0014 PATTEN VTD: 0017 FAIRGROUNDS VTD: 0018 CENTRAL VTD: 0019 JERGER
District: 9
GWINNETT COUNTY VTD: 0002 1295B VTD: 0010 408A VTD: 0012 408C VTD: 0013 408D VTD: 0014 408E VTD: 0015 408F VTD: 0016 408G VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0029 407B VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0045 571A
TUESDAY, MARCH 24, 1992
3509
VTD: 0051 408H VTD: 0054 1578D VTD: 0056 407E
VTD: 0065 4081 VTD: 0066 408J VTD: 0069 544E
VTD: 0071 406Q (Part)
Tract: 0504.09
Block(s): 301, 401, 501, 502 VTD: 0072 571C
VTD: 0073 408K (Part) Tract: 0507.06
Block(s): 201, 202, 203, 204, 205, 206 VTD: 0076 571D
VTD: 0077 571B VTD: 0078 544D
District: 10
CLAYTON COUNTY VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 901, 902, 903, 913A, 913B, 914A, 914B, 915, 916, 917, 922, 923, 924, 926A, 926B, 926C, 927, 928, 930, 945 VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 101, 102, 104, 105, 106, 113, 114, 302, 303, 304, 305, 306, 310, 311, 312A, 312B, 312C, 313, 314, 315, 316, 401, 405, 406, 407, 408, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 516 Tract: 0403.02 Block(s): 101A, 101B, 101C, 102, 104, 105, 112, 505, 508A, 508B, 512, 513, 514, 515, 516, 517B VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 102A, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 209D, 209E, 209F, 210, 211, 212, 213, 214, 215, 216, 217, 604A, 605, 606, 607, 608, 609, 610, 611, 612A, 612B, 612C VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 911, 912, 913, 914, 915, 916, 917, 918, 922, 933 VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0403.03 Block(s): 101, 102B Tract: 0404.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209, 210, 801, 802, 803, 904, 905, 906, 907, 910, 912, 925A, 925B, 925C VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.04 Block(s): 330C, 333C, 334 Tract: 0405.05
3510
JOURNAL OF THE HOUSE,
Block(s): 221C, 221D, 224B, 225, 301B, 309, 310D, 311, 312, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520
VTD: 0041 LAKE CITY 1 (Part) Tract: 0404.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 123C, 124, 125, 126, 127, 130, 131, 132, 201, 202, 203, 204, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 215, 301, 302A, 302B, 303, 304, 305, 311, 313, 315, 323A, 323B, 323C
DEKALB COUNTY VTD: 0019 CEDAR GROVE VTD: 0027 CLIFTON VTD: 0039 EASTLAND VTD: 0046 FLAT SHOALS VTD: 0047 FORREST HILLS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0065 KIRKWOOD VTD: 0076 MCLENDON (Part) Tract: 0222. Block(s): 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 601 VTD: 0078 MEADOWVIEW VTD: 0088 MORELAND VTD: 0091 NORTH DECATUR VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON VTD: OOBD SOUTH DECATUR VTD: OOBE SPRING HILL VTD: OOBJ TERRY MILL VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH VTD: OOCB WINNONA
District: 11
EARLY COUNTY
MITCHELL COUNTY
MILLER COUNTY
SEMINOLE COUNTY
BAKER COUNTY
VTD: 0003 HOGGARDS MILL
BROOKS COUNTY
VTD: 0002 BRIGGS (Part)
Tract: 9903.
Block(s): 255, 256, 258, 259, 260, 261, 262, 263, 266, 267, 268, 269, 270,
271, 272, 273, 274, 275, 276, 277 Tract: 9905.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128,
129
VTD: 0003 DIXIE
VTD: 0005 GROOVERVILLE
VTD: 0009 QUITMAN (Part)
Tract: 9904.
TUESDAY, MARCH 24, 1992
3511
Block(s): 147A, 148A, 149, 150, 151, 152, 153, 154, 155A, 157A, 157B, 158A, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 217A, 219A, 226, 227, 230, 231, 232, 234A, 234B, 235A, 235B, 236, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380
Tract: 9905. Block(s): 119, 120, 130, 131, 132, 133, 134, 135A, 135B, 136, 137, 138,
139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 168A, 169A, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 191A, 191B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224,
225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263,
264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 301,
302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 313D, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 336A, 337, 338, 339A, 339B,
339C, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354A, 355, 356, 357A COLQUITT COUNTY
VTD: 0001 BRIDGE CREEK (Part) Tract: 9709.
Block(s): 305, 306, 307 VTD: 0004 FUNSTON (Part)
Tract: 9709.
Block(s): 222, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321 VTD: 0006 HARTSFIELD
VTD: 0010 MOULTRIE (Part) Tract: 9703.
Block(s): 216, 433, 523, 524, 525, 616, 617 Tract: 9704.
Block(s): 113, 114, 115, 116, 117, 118, 122, 123, 124, 125, 212, 213, 214,
215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 250, 251, 252, 253, 254, 255, 256, 257, 258,
259, 260, 261, 262, 263, 264, 265 Tract: 9707.
Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 237, 238, 239, 240,
241, 242, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 332, 333, 334 Tract: 9708.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111,
112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 301C
3512
JOURNAL OF THE HOUSE,
Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B
VTD: 0018 SHAW DECATUR COUNTY
VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part)
Tract: 9703. Block(s): 267B, 284A, 284B, 285, 286, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384, 385, 386, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447
Tract: 9704. Block(s): 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449
Tract: 9705. Block(s): 214, 215, 216, 217, 218, 233, 234, 238
Tract: 9706. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 232, 401, 402A, 402B, 403B, 403C, 416, 417, 418, 419A, 419B, 419C, 420, 421A, 421B, 422A, 422B, 422C
Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 193, 194, 195, 196, 197
VTD: 0003 WEST BAINBRIDGE (Part)
Tract: 9703.
Block(s): 144A, 146A, 147A, 157, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A, 202B, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 267A, 268, 269, 270A, 271, 272, 273, 274, 275, 276, 277, 278A, 279, 280, 281, 282, 283
VTD: 0005 BELL
VTD: 0008 FACEVILLE
TUESDAY, MARCH 24, 1992
3513
VTD: 0009 FOWLSTOWN VXD: 0013 RECOVERY GRADY COUNTY VTD: 0010 DUNCANVILLE VTD: 0015 HIGDON VTD: 0025 MIDWAY (Part)
Tract: 9505. Block(s): 325, 326, 327, 328, 329, 333, 334, 424B, 427B, 428, 433, 434, 435
VTD: 0035 RAGAN VTD: 0045 WOODLAND (Part)
Tract: 9503. Block(s): 128A, 129A, 129B, 129C, 139, 140, 141, 142, 143, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160
VTD: 0050 CAIRO 4 VTD: 0055 CAIRO 5 (Part)
Tract: 9504. Block(s): 401, 402, 403, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 246, 401, 402, 403, 404, 405, 407, 408, 409, 410, 412, 415, 417, 418, 419, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439
LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part) Tract: 0109. Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143, 144, 145 Tract: 0110. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 216, 217, 301, 302, 303, 304, 305, 306, 307, 322, 323, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450 VTD: 0007 LOMAX-PINEVALE VTD: 0015 AZALEA CITY CHURCH OF GOD (Part) Tract: 0114. Block(s): 309A, 309B, 309C, 310A, 311, 402A, 402B, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 443, 444, 445, 446, 447, 503A, 504A, 505A, 506A VTD: 0016 REDLANDS BAPTIST CHURCH (Part) Tract: 0114.
Block(s): 310B, 312, 503B VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 495
VTD: 0019 CRAIG RECREATION CENTER
THOMAS COUNTY
VTD: 0002 BALFOUR
VTD: 0003 BOSTON
VTD: 0008 METCALF
VTD: 0012 DOUGLAS
3514
JOURNAL OF THE HOUSE,
VTD: 0013 ARMORY (Part) Tract: 9608. Block(s): 166C, 167, 512B, 513B, 514B, 515, 516, 517, 518B, 519B, 520, 521, 522, 523, 524, 525, 526, 527, 528, 530 Tract: 9610. Block(s): 333, 334, 338
VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP
District: 12
STEWART COUNTY WEBSTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY BAKER COUNTY
VTD: 0001 ANNA VTD: 0002 ELMODEL VTD: 0004 MILFORD VTD: 0005 NEWTON DOUGHERTY COUNTY VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH
District: 13
DOOLY COUNTY CRISP COUNTY TURNER COUNTY WORTH COUNTY IRWIN COUNTY BEN_HILL COUNTY
VTD: 0002 EASTERN (Part) Tract: 9601. Block(s): 102 Tract: 9604. Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306,
TUESDAY, MARCH 24, 1992
3515
307, 308, 309, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 351, 352, 411, 412, 413, 414A, 414B, 414C, 414D, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434 Tract: 9605. Block(s): 301, 308, 309, 316, 317, 324, 325, 332, 333A, 333B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521A, 521B, 522A, 522B, 523A, 523B, 524A, 524B, 525, 526A, 526B, 526C, 527, 528, 529, 530, 531, 532A, 532B, 533, 534, 535, 536, 537, 538, 539, 542, 543A, 543B, 544A, 544B, 544C, 545A, 545B, 546, 547, 548A, 548B, 548C, 548D, 548E, 548F, 549, 550, 551A, 551B, 551C, 552, 553, 554A, 554B, 556, 557, 558, 559, 560, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 586, 591, 592 VTD: 0003 WESTERN (Part)
Tract: 9603. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 141C, 142A, 142B, 142C, 143, 144A, 144B, 144C, 144D, 145, 146, 147A, 147B, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315A, 315B, 316, 317A, 317B, 318, 319A, 319B, 319C, 320, 401, 402, 403, 404, 405, 406, 407A, 407B, 408A, 408B, 409A, 409B, 410, 411A, 411B, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425
Tract: 9604.
Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210A, 210B, 227, 228, 229, 230, 310, 311, 312, 313, 329, 330, 331, 332, 348, 349, 350
Tract: 9605.
Block(s): 101A, 101B, 102A, 102B, 102C, 103A, 103B, 104A, 104B, 105, 106, 107, 108A, 108B, 109A, 109B, 109C, 109D, 109E, 110A, HOB, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118A, 118B, 119A, 119B, 120, 121, 122A, 122B, 123, 124, 125, 126, 127A, 127B, 127C, 128, 129, 130, 131A, 131B, 131C, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151A, 151B, 152, 153, 154A, 154B, 155A, 155B, 155C, 156, 157, 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 209, 210A, 210B, 211A, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 323, 326, 327, 328, 329, 330, 331, 334, 335, 336, 337, 338A, 338B, 338C, 338D, 338E, 339, 340A,
3516
JOURNAL OF THE HOUSE,
340B, 340C, 340D, 341, 342A, 342B, 343, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369A, 369B, 369C, 370, 555 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462 VTD: 0002 CROSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129B, 130, 132, 133, 223, 308A, 309, 310, 311, 312, 313, 314A VTD: 0005 HAMILTON VTD: 0007 LEE VTD: 0008 MILL CREEK VTD: 0009 MONK VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 215B Tract: 9704. Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 119, 120, 121, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 335A, 337, 340, 341, 342
Tract: 9706.
Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A
Tract: 9707.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 257, 258, 308, 309, 310, 311, 312, 313, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630
Tract: 9708.
Block(s): 131, 132, 133, 201, 202, 203, 204, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D,
TUESDAY, MARCH 24, 1992
3517
301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON VTD: 0014 THIGPEN VTD: 0015 TY TY VTD: 0016 WARRIOR VTD: 0017 HOPEWELL VTD: 0019 AUTREYVILLE COOK COUNTY VTD: 0001 ADEL WEST VTD: 0004 LENOX VTD: 0005 MASSEE VTD: 0007 SPARKS VTD: 0008 ADEL EAST
District: 14
TAYLOR COUNTY PEACH COUNTY MACON COUNTY SCHLEY COUNTY SUMTER COUNTY LEE COUNTY DOUGHERTY COUNTY
VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE
District: 15
CHATTAHOOCHEE COUNTY MUSCOGEE COUNTY
VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING
3518
JOURNAL OF THE HOUSE,
VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING
District: 16
TALBOT COUNTY MARION COUNTY HARRIS COUNTY
VTD: 0001 CATAULA VTD: 0002 ELLERSLIE VTD: 0003 FLAT SHOALS VTD: 0004 GOODMAN VTD: 0005 HAMILTON VTD: 0006 LOWER 19TH VTD: 0007 PINE MOUNTAIN VALLEY VTD: 0009 UPPER 19TH VTD: 0010 VALLEY PLAINS VTD: 0011 WAVERLY HALL VTD: 0012 WHITESVILLE MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B
District: 17
HENRY COUNTY BUTTS COUNTY NEWTON COUNTY
VTD: 0004 BREWERS VTD: 0005 BRICK STORE VTD: 0007 DOWNS VTD: 0009 MANSFIELD VTD: 0010 NEWBORN VTD: 0012 ROCKY PLAINS VTD: 0013 STANSELL VTD: 0014 LEGUIN ROCKDALE COUNTY VTD: 0002 FIELDSTONE VTD: 0004 HONEY CREEK
TUESDAY, MARCH 24, 1992
3519
VTD: 0006 LORRAINE VTD: 0007 MAGNET VTD: 0013 STANTON VTD: 0015 BARKSDALE
District: 18
HOUSTON COUNTY BLECKLEY COUNTY PULASKI COUNTY BIBB COUNTY
VTD: 0014 GODFREY 05 VTD: 0033 RUTLAND 02
District: 19
DODGE COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY COFFEE COUNTY ATKINSON COUNTY BEN HILL COUNTY
VTD: 0001 WILLIAMSON MILL VTD: 0002 EASTERN (Part)
Tract: 9601. Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 133, 134, 135, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
Tract: 9602. Block(s): 101, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151
Tract: 9605. Block(s): That part of Block 501 lying east of County Road 11 Block(s): 502, 503, 540, 541, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 585, 587, 588, 589, 590
VTD: 0003 WESTERN (Part) Tract: 9601. Block(s): 136, 137, 138, 139, 140, 141, 143, 144 Tract: 9602. Block(s): 102, 103, 104, 105, 106, 126, 127, 128, 129, 130, 131, 132, 133, 134, 152, 153, 154, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 183 Tract: 9603. Block(s): 101
VTD: 0004 SPECIAL EAST LAURENS COUNTY
VTD: 0001 NATIONAL GUARD VTD: 0002 SHAMROCK VTD: 0003 CALHOUN PARK VTD: 0004 BETHSADIA (Part)
Tract: 9502. Block(s): 146, 147, 148, 149, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 178, 179, 180, 182, 183, 184, 185, 186, 187, 188, 241, 242, 243, 244, 245, 246,
3520
JOURNAL OF THE HOUSE,
247A, 247B, 247C, 247D, 247E, 247F, 248, 249, 250, 251, 252,
253, 254, 255, 256, 260, 261, 262, 263, 264, 265, 266, 301, 302,
303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,
316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326C, 327B,
328, 329B, 330, 331, 332, 333, 334, 335, 336B, 349B, 356, 357,
433E, 433F, 435B
Tract: 9503.
Block(s): 101A, 101B, 101C, 102, 103, 104A, 104B, 105, 106, 107B,
108B, 110, 111, 112, 113, 114, 115A, 115B, 116, 117A, 117B,
118A, 118B, 119, 120A, 120B, 121, 122, 123A, 123B, 124A,
124B
Tract: 9505.
Block(s): 229, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 335C, 336, 337, 338, 339, 340, 341, 342, 343, 344A, 344B, 345B, 347B, 348B, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361
Tract: 9508. Block(s): 301, 302A, 302B, 302C, 303A, 303B, 304A, 304B, 305, 306, 307, 308, 309A, 309B, 309C, 310A, 310B, 311, 312, 313A, 313B, 313C, 314B, 314C, 315A, 315B, 316A, 316B, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 328C, 329, 330A, 330B, 331A, 331B, 331C, 332A, 332B, 332C, 333, 334, 335, 336A, 336B, 337A, 337B, 338A, 338B, 339, 340A, 340B, 340C, 341A, 341B, 341C, 342, 343, 344, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421
VTD: 0009 CADWELL VTD: 0011 DUDLEY VTD: 0012 HAMPTON MILL
District: 20
EMANUEL COUNTY JOHNSON COUNTY CANDLER COUNTY TREUTLEN COUNTY TOOMBS COUNTY MONTGOMERY COUNTY WHEELER COUNTY LAURENS COUNTY
VTD: 0004 BETHSADIA (Part) Tract: 9502. Block(s): 140, 141, 142, 143, 144, 145, 150, 151, 171, 172A, 173
VTD: 0005 BAILEY VTD: 0006 BUCKEYE VTD: 0007 BURCH VTD: 0008 BURGAMY VTD: 0010 CARTER VTD: 0013 HARVARD VTD: 0014 JACKSON VTD: 0015 LOWERY VTD: 0016 OCONEE VTD: 0017 PINETUCKY VTD: 0018 REEDY SPRINGS VTD: 0019 ROCKLEDGE VTD: 0020 SMITH
TUESDAY, MARCH 24, 1992
3521
WASHINGTON COUNTY VTD: 0001 OCONEE VTD: 0002 HARRISON VTD: 0004 SANDERSVILLE VTD: 0005 DEEP STEP VTD: 0008 TENNILLE
WILKINSON COUNTY VTD: 0003 BLOODWORTH VTD: 0004 GRIFFIN VTD: 0005 HIGH HILL VTD: 0006 IVEY VTD: 0007 LORD VTD: 0011 TURKEY CREEK
District: 21
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 306, 307B, 308B, 309, 310, 311, 409, 501, 502, 503, 504, 601B, 601C, 601D, 602K, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710C, 711B, 713, 714, 715, 716, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302C, 302D, 303, 304, 305, 306, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 401, 402B, 404, 405, 406B, 411B, 411C, 411D, 412B, 413B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 205B, 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407A, 407F Tract: 0304.06 Block(s): 801C VTD: 0038 GARRISON MILL VTD: 0039 GRITTERS 1
3522
JOURNAL OF THE HOUSE,
VXD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D
Tract: 0304.02 Block(s): 601A, 604A, 615A
Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803
Tract: 0305.02 Block(s): 112A, 114B
Tract: 0305.03 Block(s): 202A, 205A, 207, 302A, 307A, 307B, 308A, 309A, 309B, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 801A
VTD: 0068 MT. BETHEL 2 (Part) Tract: 0303.17 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703
VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B, 920E
Tract: 0304.02 Block(s): 122, 127
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 205C, 206, 419B, 419C, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
VTD: OOA3 SOPE CREEK 1 VTD: OOB3 CRITTERS 8 VTD: OOB4 CRITTERS 11 VTD: OOB5 CRITTERS 10 VTD: OOB7 CRITTERS 9
District: 22
BURKE COUNTY RICHMOND COUNTY
VTD: 0001 1
TUESDAY, MARCH 24, 1992
3523
VTD: 0002 1A VTD: 0003 2 VTD: 0004 2A VTD: 0005 3 VTD: 0006 3A VTD: 0007 3B VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0016 6A VTD: 0017 6B VTD: 0018 6C VTD: 0019 7 (Part)
Tract: 0001. Block(s): 212, 301, 411, 412
Tract: 0011. Block(s): 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315
VTD: 0021 8 VTD: 0023 8B VTD: 0024 8C VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0032 86-4 VTD: 0034 86-6 (Part)
Tract: 0109.02 Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 225, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 484, 485
VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0107.06 Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 126, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 166, 167, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178 Tract: 0109.02 Block(s): 102
VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6
VTD: 0045 88-7 VTD: 0047 89-2
VTD: 0048 89-3
VTD: 0049 89-4
3524
JOURNAL OF THE HOUSE,
VTD: 0051 89-6 VTD: 0052 89-7 VTD: 0053 89-8 VTD: 0068 FG6
District: 23
COLUMBIA COUNTY VTD: 0009 PRECINCT EIGHTY VTD: 0010 PRECINCT NINETY VTD: 0011 PRECINCT ONE HUNDRED VTD: 0012 PRECINCT ONE HUNDRED TEN VTD: 0015 PRECINCT ONE HUNDRED THIRTYFIVE (Part) Tract: 0301.01 Block(s): 402 Tract: 0301.02 Block(s): 101, 102, 103, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115B, 130, 131, 132, 133 VTD: 0017 PRECINCT ONE HUNDREDTWENTYFIVE VTD: 0018 PRECINCT EIGHTYFIVE
RICHMOND COUNTY VTD: 0012 5 VTD: 0013 5A VTD: 0015 6 VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 213, 302, 303, 304, 305, 409, 410, 413 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103, 104, 105 VTD: 0020 7A VTD: 0022 8A VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0031 86-3 VTD: 0033 86-5 VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0107.06 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 122, 124, 125, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 161, 162, 163, 164, 165, 174, 179, 180, 181, 182, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306 VTD: 0037 87-1 VTD: 0038 87-2
TUESDAY, MARCH 24, 1992
3525
VTD: 0046 89-1 VTD: 0050 89-5 VTD: 0055 89-10 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0058 90-3 VTD: 0059 90-4 VTD: 0060 90-5 VTD: 0063 FGl VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5
District: 24
OGLETHORPE COUNTY WILKES COUNTY LINCOLN COUNTY MORGAN COUNTY MCDUFFIE COUNTY GLASCOCK COUNTY COLUMBIA COUNTY
VTD: 0001 PRECINCT TEN VTD: 0002 PRECINCTS TWENTY AND THIRTY VTD: 0003 PRECINCT TWENTYFIVE VTD: 0005 PRECINCTS FORTY AND FIFTY VTD: 0007 PRECINCT SIXTY VTD: 0008 PRECINCT SEVENTY VTD: 0013 PRECINCT ONE HUNDRED TWENTY VTD: 0014 PRECINCT ONE HUNDRED THIRTY VTD: 0015 PRECINCT ONE HUNDRED THIRTYFIVE (Part)
Tract: 0301.01 Block(s): 401, 403, 404, 405, 406, 407
VTD: 0016 PRECINCT SIXTYFIVE VTD: 0019 PRECINCT SEVENTYFIVE JEFFERSON COUNTY VTD: 0001 STAPLETON CROSSROADS VTD: 0002 MATTHEWS VTD: 0003 WRENS VTD: 0004 LOUISVILLE (Part)
Tract: 9601. Block(s): 582, 583, 589, 591
Tract: 9603. Block(s): 103, 104, 105, 122, 123, 124, 128, 129, 131, 132, 133, 134, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 301, 302, 303, 304, 305, 306, 307, 317, 318, 601, 602, 603, 604, 605, 606, 607, 608, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 687, 688, 689, 690, 694, 695, 696, 697
VTD: 0007 STAPLETON VTD: 0008 AVERA OCONEE COUNTY VTD: 0003 SCHULL SHOALS VTD: 0004 FARMINGTON WARREN COUNTY
3526
JOURNAL OF THE HOUSE,
VTD: 0002 CAMAK VTD: 0005 RICKETSON VTD: 0006 PAN HANDLE
District: 25
GREENE COUNTY TALIAFERRO COUNTY JASPER COUNTY PUTNAM COUNTY HANCOCK COUNTY BALDWIN COUNTY JEFFERSON COUNTY
VTD: 0004 LOUISVILLE (Part) Tract: 9603. Block(s): 106, 107, 108, 109, 110, 113, 130, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 166, 167A, 167B, 167C, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 177C, 177D, 178, 179, 180A, 180B, 181A, 181B, 182, 183A, 183B, 201, 202, 203A, 203B, 203C, 203D, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 308, 309, 310, 311, 312, 313, 314, 315, 316, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443A, 443B, 444, 445, 446, 447, 448A, 448B, 449A, 449B, 450, 451, 501, 502, 503, 504, 505, 506, 507, 508A, 508B, 508C, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 609, 610, 611, 612, 613, 614, 650A, 650B, 650C, 650D, 650E, 650F, 651, 652, 653, 654, 655A, 655B, 655C, 656A, 656B, 657A, 657B, 658, 659, 660, 661, 662A, 662B, 662C, 663, 664, 665, 666, 684, 685, 686, 691, 692, 693 Tract: 9604. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 113, 115, 136, 137, 138, 144, 145, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 197
VTD: 0005 WADLEY VTD: 0006 BARTOW JONES COUNTY VTD: 0001 BARRON AND CLINTON VTD: 0002 FINNEY AND WHITE VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS VTD: 0006 SANDERS VTD: 0007 DAVIDSON
TUESDAY, MARCH 24, 1992
3527
VTD: 0008 ROBERTS 4 (Part) Tract: 0301.02 Block(s): 210, 211, 212, 217, 218, 230, 901, 902, 903A, 903B, 904B, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914C, 915, 916, 917, 918, 919, 920, 921, 929B, 933, 934, 951, 952
WARREN COUNTY VTD: 0001 WARRENTON VTD: 0003 NORWOOD VTD: 0004 BEALL SPRINGS
WASHINGTON COUNTY VTD: 0003 DAVISBORO VTD: 0006 RIDDLEVILLE VTD: 0007 WARTHEN
District: 26
TWIGGS COUNTY BIBB COUNTY
VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0015 GODFREY 06 VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0019 HAZARD 05 VTD: 0020 HAZARD 06 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0043 MACON 02 VTD: 0044 MACON 01 JONES COUNTY VTD: 0008 ROBERTS 4 (Part)
Tract: 0301.02 Block(s): 904A, 914A, 914B, 922, 923, 924, 925, 926, 927, 928, 929A, 930, 931, 932, 935, 936, 937, 938, 939, 940, 941A, 941B, 942A, 942B, 943, 944, 945, 946, 947, 948, 949, 950
WILKINSON COUNTY VTD: 0001 IRWINTON VTD: 0002 BETHEL VTD: 0008 MIDWAY
3528
JOURNAL OF THE HOUSE,
VTD: 0009 PASSMORE VTD: 0010 RAMAH
District: 27
LAMAR COUNTY MONROE COUNTY UPSON COUNTY CRAWFORD COUNTY BIBB COUNTY
VTD: 0009 EM09 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0039 VINEVILLE 06 VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04
District: 28
COWETA COUNTY FAYETTE COUNTY
VTD: 0002 BROOKS VTD: 0011 SHAKERAG EAST VTD: 0012 SHAKERAG WEST VTD: 0013 STARRSMILL VTD: 0014 WHITEWATER VTD: 0015 WOOLSEY VTD: 0016 MCINTOSH VTD: 0017 OAK GROVE AND FLAT CREEK AND PART BRAELINN VTD: 0018 KEDRON VTD: 0019 ABERDEEN VTD: 0020 WINDGATE VTD: 0022 BRAELINN SPALDING COUNTY VTD: 0003 GRIFFIN THREE VTD: 0005 GRIFFIN FIVE (Part)
Tract: 1605. Block(s): 123A, 123B, 125, 126, 127A, 127B, 129A, 147A, 148A, 150A, 151A, 152A, 153A, 155, 160A, 161A, 162A, 162B, 163A, 165, 174A, 174B, 174C, 175, 176, 177A, 177B
Tract: 1607. Block(s): 520A, 521A, 522A, 523A, 524A, 526A, 527A, 528A, 528B, 529, 530A, 531, 532A, 532B
VTD: 0007 GRIFFIN SEVEN VTD: 0008 AFRICA VTD: 0009 AKIN VTD: 0010 CABIN VTD: 0011 EAST GRIFFIN
TUESDAY, MARCH 24, 1992
3529
VTD: 0012 EXPERIMENT (Part) Tract: 1605. Block(s): 121, 122, 123C, 124, 128, 129B, 130, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150B, 151B, 152B, 162C, 163B, 164, 173A, 173B Tract: 1607. Block(s): 520B, 521B, 522B, 523B
VTD: 0013 LINE CREEK VTD: 0014 MOUNT ZION VTD: 0015 ORRS WEST (Part)
Tract: 1605. Block(s): 160B, 161B, 178, 179
Tract: 1607. Block(s): 524B, 525, 526B, 527B, 532C, 533, 540, 548, 549, 550, 551
Tract: 1612. Block(s): 119B, 120, 121, 122, 123B, 318, 321B, 404, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 427, 430, 432, 433, 434, 435, 436, 437, 438, 439, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461
VTD: 0016 UNION
District: 29
HEARD COUNTY MERIWETHER COUNTY
TROUP COUNTY PIKE COUNTY HARRIS COUNTY
VTD: 0008 SKINNER SPALDING COUNTY
VTD: 0001 GRIFFIN ONE VTD: 0002 GRIFFIN TWO VTD: 0005 GRIFFIN FIVE (Part)
Tract: 1604. Block(s): HOB, 113B, 120B, 121, 122, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248B, 249, 250, 251B, 252, 253, 254
Tract: 1605. Block(s): 166, 167
Tract: 1608. Block(s): 401, 402, 403, 407, 408, 421B
VTD: 0006 GRIFFIN SIX VTD: 0012 EXPERIMENT (Part)
Tract: 1603. Block(s): 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 211, 212, 213B, 215, 216B
Tract: 1604. Block(s): 106, 107, 108, 109, 110A, 111, 112, 113A, 119, 120A, 123A, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 161, 162A, 163A, 164A, 164B, 169, 170, 201A
VTD: 0015 ORRS WEST (Part) Tract: 1607. Block(s): 516B, 517B, 530B, 532D, 557, 558, 559 Tract: 1612.
3530
JOURNAL OF THE HOUSE,
Block(s): 312A, 312B, 401, 402, 403, 405B, 422, 423, 424, 425, 426, 428A, 428B, 429, 431, 440, 441, 442, 443, 444, 445, 446, 447
District: 30
CARROLL COUNTY DOUGLAS COUNTY
VTD: 0001 DOUGLASVILLE VTD: 0003 STEWART VTD: 0004 ARBOR STATION VTD: 0005 DORSETT SHOALS VTD: 0007 MOUNT CARMEL (Part)
Tract: 0802. Block(s): 504, 505, 506, 507, 508, 509, 510
Tract: 0806.01 Block(s): 102A, 102B, 204, 205, 301, 302A, 302B, 303, 305F, 305K, 307, 308, 309
VTD: 0008 WINSTON VTD: 0009 FAIRPLAY VTD: 0010 MIDDLE VTD: 0011 BILL ARP
District: 31
POLK COUNTY PAULDING COUNTY HARALSON COUNTY BARTOW COUNTY
VTD: 0003 CARTERSVILLE (Part) Tract: 9603.98 Block(s): 215, 216, 217, 218, 219, 220, 223, 224, 225, 285, 286, 287, 288, 289, 290 Tract: 9604. Block(s): 118A, 118B, 118C, 118D, 118E, 119, 120A, 120B, 121A, 121B, 122A, 122B, 129, 130, 131, 132A, 132B, 133A, 133B, 134 Tract: 9605. Block(s): 101, 102A, 102B, 103, 104A, 104B, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112A, 112B, 112C, 113, 114, 115, 116A, 116B, 117A, 117B, 117C, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132A, 132B, 133A, 133B, 134A, 134B, 135, 136, 137, 138, 139, 140, 201, 202, 203A, 203B, 203C, 204, 205, 206, 207A, 207B, 207C, 207D, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 304, 333, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421A, 421B, 421C, 422, 423 Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 114C, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 426, 427, 428A, 428B, 429A, 429B, 430, 431A, 431B, 431C, 431D, 432A, 432B, 433, 501A, 501B, 501C, 502, 503,
TUESDAY, MARCH 24, 1992
3531
504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523A, 523B, 524A, 524B, 601, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608A, 608B, 608C, 609, 610, 611, 612, 613, 614A, 614B, 614C, 614D, 615, 616, 617A, 617B, 617C, 618A, 618B, 618C, 618D, 618E, 619, 620, 621, 622, 623, 624 Tract: 9607. Block(s): 137, 138, 139, 140A, 140B, 140C, 140D, 141A, 141B, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161, 162A, 162B, 163, 164, 165A, 165B, 167, 168, 201, 202, 203A, 203B, 203C, 204A, 204B, 205, 206A, 206B, 206C, 206D, 206E, 206F, 207A, 207B, 208, 209, 210, 211, 212, 213A, 213B, 214A, 214B, 214C, 214D, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 301A, 301B, 301C, 301D, 302A, 302B, 303A, 303B, 304A, 304B, 304C, 304D, 304E, 305A, 305B, 305C, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321A, 321B, 321C, 322, 323, 324, 325, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543 Tract: 9608. Block(s): 524, 525A, 525B, 525C, 526, 527, 528, 529, 530A, 530B, 531A,
531B, 531C, 532, 533, 534, 535 Tract: 9609.
Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 105E, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 111, 112, 113A, 113B, 114A, 114B, 114C, 114D, H5A, 115B, 201A, 201B, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211A, 211B, 211C, 212, 213, 214A, 214B, 215A, 215B, 215C, 215D, 215E, 215F, 215G, 215H, 216, 217, 218, 219, 220, 221A, 221B, 221C, 221D, 222, 223, 224, 225, 226A, 226B, 227A, 227B, 228, 229, 230, 231, 232, 301A, 301B, 301C, 302, 303, 304A, 304B, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 337, 338, 339, 340, 341, 342, 349, 350
VTD: 0007 EUHARLEE VTD: 0009 IRON HILL AND TAYLORSVILLE
District: 32
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 106B, 121B, 122B Tract: 0311.03
3532
JOURNAL OF THE HOUSE,
Block(s): 109B, 110A, HOD, HOE, 110F, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B
Tract: 0311.07 Block(s): 205B
Tract: 0311.08 Block(a): 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C
VTD: 0019 DODGEN VTD: 0021 EASTSIDE VTD: 0036 FULLERS 4 (Part)
Tract: 0304.05 Block(s): 407D, 407E, 407G, 409
Tract: 0304.06 Block(s): 801B
VTD: 0037 FULLERS 5 VTD: 0055 MABLETON 4 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 (Part)
Tract: 0303.17 Block(s): 501, 502, 503, 504, 505, 506, 507, 508
VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 105B, 107B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136B, 136C, 137B, 139B, 602, 603, 604, 615, 621, 623
Tract: 0311.06 Block(s): 409, 410
Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422
VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0076 OREGON 2 VTD: 0085 POST OAK 5 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 VTD: OOC2 BIRNEY 2
District: 33
COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part)
TUESDAY, MARCH 24, 1992
3533
Tract: 0311.08 Block(s): 102A
VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 4010, 401D, 401E, 503B,
504, 601B, 603B Tract: 0304.06
Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401D, 401E, 401F, 501D
Tract: 0305.03 Block(s): 208B
Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B
Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910C, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C
Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 41 ID
VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 9050, 905D, 908B, 909 Tract: 0305.02 Block(s): 6010 Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 1060, 107, 109B, 114, 115B, 1150, 118B, 1180, 119B, 1190, 120B, 121, 122B, 124B, 125B, 127B, 132B, 1320, 201B, 202, 203, 217, 308B, 325B, 4050, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 4250, 501D, 501E, 601, 602, 603, 604, 605, 6060, 606D, 606E, 607B, 6070, 609, 701, 702, 703B, 704B, 705B, 7060, 707, 708B, 7080, 708D, 708E, 708F, 709, 710, 711B, 7110, 711D, 712, 713B
VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 602F, 602G, 602H, 602J, 602L, 603, 604D, 604E, 604F, 6050, 605D, 6060, 710B, 7110, 717B, 718B
VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 2020
VTD: 0025 ELIZABETH 4 (Part)
Tract: 0305.02
Block(s): 301, 302B, 3030, 303D, 303E, 304B, 3050, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 3170, 318B, 319
VTD: 0027 FAIR OAKS 1
VTD: 0028 FAIR OAKS 2
VTD: 0029 FAIR OAKS 3
3534
JOURNAL OF THE HOUSE,
VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0306. Block(s): 108B, 109C, HOC, USB, 128B
Tract: 0307. Block(s): 118C
Tract: 0308. Block(s): 206B
Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307
Tract: 0309.03 Block(s): 202B
Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 224A
VTD: 0036 FULLERS 4 (Part) Tract: 0304.06 Block(s): 601, 602C, 603, 701B, 702, 703
VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 111, 117
VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0056 MACLAND (Part)
Tract: 0315.01 Block(s): HOD, HOE, HOG
Tract: 0315.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 401D, 402B, 801B, 801C
VTD: 0057 MARIETTA 1 VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part)
Tract: 0305.01 Block(s): 908A
Tract: 0305.02 Block(s): 602
Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 405A, 405B, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G
Tract: 0307.
Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519
VTD: 0061 MARIETTA 5 (Part)
Tract: 0305.01
Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907
TUESDAY, MARCH 24, 1992
3535
Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B
Tract: 0306. Block(s): 706B, 711A, 713A
Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715
VTD: 0062 MARIETTA 6 (Part) Tract: 0304.04 Block(s): 301A, 302 Tract: 0305.02 Block(s): 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 314A, 315A, 601, 602, 603, 604 Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809
VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 601, 620, 624, 625
VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB9 MARIETTA 2B (Part)
Tract: 0310.02 Block(s): 209B
District: 34
CLAYTON COUNTY VTD: 0007 JONESBORO 1 (Part) Tract: 0405.08 Block(s): 404, 405, 407, 408, 409, 410, 411, 412, 413, 414, 418, 419 VTD: 0008 JONESBORO 2 (Part) Tract: 0405.08 Block(s): 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 523, 524 VTD: 0010 JONESBORO 5 (Part)
3536
JOURNAL OF THE HOUSE,
Tract: 0406.05 Block(s): 321, 322
VTD: 0011 JONESBORO 6 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0025 PAN HANDLE VTD: 0027 RIVERDALE 2 (Part)
Tract: 0405.05 Block(s): 601B, 602, 603, 604, 605, 606, 607, 608, 609B, 611, 612, 613, 614
Tract: 0405.07 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323
VTD: 0039 JONESBORO 10 (Part) Tract: 0405.08 Block(s): 501, 517, 518, 519, 520, 521, 522
VTD: 0040 JONESBORO 12 (Part) Tract: 0405.07 Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Tract: 0405.08 Block(s): 401, 402, 403, 406, 415, 416
DOUGLAS COUNTY VTD: 0002 BEULAH VTD: 0006 CHAPEL HILL VTD: 0007 MOUNT CARMEL (Part) Tract: 0802. Block(s): 517, 518, 519 Tract: 0806.01 Block(s): 201, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 601, 602, 603, 604 Tract: 0806.02 Block(s): 102, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 401, 402 VTD: 0012 TURNER-LITHIA SPRINGS VTD: 0013 COMMERCIAL BANK VTD: 0014 LEE ROAD-LITHIA HIGH
FAYETTE COUNTY VTD: 0001 BLACKROCK VTD: 0003 EUROPE VTD: 0004 FAYETTEVILLE EAST VTD: 0005 FAYETTEVILLE WEST VTD: 0006 FLINT VTD: 0007 HOPEFUL VTD: 0008 MORNING CREEK VTD: 0009 RAREOVER VTD: 0010 SANDY CREEK VTD: 0023 KENWOOD VTD: 0024 BANKS VTD: 0025 HARPS CROSSING
VTD: 0026 WILLOW POND
FULTON COUNTY
VTD: OON3 FA01
VTD: OOR1 PA01
VTD: OOT5 SC12
TUESDAY, MARCH 24, 1992
3537
VTD: OOT6 SC13 VTD: OOU5 SC21 VTD: 00X2 UC02 (Part)
Tract: 0105.04 Block(s): 601A, 602A
VTD: OOY6 SC04 VTD: OOY9 SC07 (Part)
Tract: 0105.06 Block(s): 401, 402, 403C, 403D, 405, 406B, 406C, 406D, 406E, 406F, 410, 418, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436B, 437, 438, 439B, 439C, 440, 441, 442B, 443, 444, 445, 446, 447, 448, 457B, 457C, 601, 602B, 606, 614B, 615, 944E, 944F, 944G
District: 35
FULTON COUNTY VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 HD VTD: OOG6 HE VTD: OOH1 11J VTD: OOH6 IIP VTD: OOJ4 12E (Part) Tract: 0108. Block(s): 616A, 628A, 629, 630 VTD: OOJ6 12G VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL8 EPOS VTD: OOM1 EP05 VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON4 HP01 VTD: OON5 HP02 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: 00X1 UC01 VTD: 00X2 UC02 (Part) Tract: 0105.06 Block(s): 202A, 203A, 204A, 207A, 702, 703A, 703B, 704, 705, 706, 707A, 708, 709, 714A, 715, 716C, 716D, 716E, 717, 718A, 718B, 719A, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 736, 737, 738, 739, 740A, 741, 742, 743,
3538
JOURNAL OF THE HOUSE,
744, 745, 746, 801, 802, 803, 804, 805, 806, 807B, 808B, 809, 810, 811A, 812, 813, 814, 815B, 818, 821A VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY7 SC05 VTD: OOY9 SC07 (Part) Tract: 0105.06 Block(s): 201, 202D, 202E, 203B, 203C, 203D, 204B, 206, 302, 303, 304, 305, 306, 307, 308, 703C, 707B, 707C, 710B, 711B, 714B, 716F, 716G, 718C, 718D, 719B, 740B
District: 36
FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 U VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0031 2S VTD: 0038 2Z VTD: 0062 4H VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0087 6N VTD: OOJ1 12B VTD: OOJ3 12D VTD: OOJ4 12E (Part) Tract: 0074. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202, 203, 204, 208, 209, 211A, 212A, 213 Tract: 0075. Block(s): 107, 108, 109, 110, 112, 113, 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301 Tract: 0110. Block(s): 114B
TUESDAY, MARCH 24, 1992
3539
VTD: OOJ5 12F VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P
District: 37
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0016 WOODSTOCK
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 (Part) Tract: 0306. Block(s): 308C, 417B, 501A, 501C, 502B, 506B, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0032 FAIR OAKS 6 (Part) Tract: 0309.02 Block(s): 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202C, 202D Tract: 0310.02 Block(s): 213D VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0056 MACLAND (Part) Tract: 0315.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, 110F, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212B, 213B, 213C, 213D, 214A, 214B, 215A, 215B, 216A, 216B, 217B, 218B Tract: 0315.02 Block(s): 301B, 301C, 301D, 302B, 303B, 403B, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B VTD: 0058 MARIETTA 2A (Part) Tract: 0309.01 Block(s): 101A, 201, 202, 203, 204, 205, 206, 207, 401A, 402, 403, 501A, 601A, 601B, 601C, 601D, 602, 603A, 604A, 701A, 702, 703A Tract: 0309.02 Block(s): 402A, 403, 404, 405, 406, 407, 408, 409, 410, 411, 505, 506, 701A, 702 VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A, 823A Tract: 0306. Block(s): 226, 318, 319, 320, 321, 322, 402, 404, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 501B, 502A, 503, 504, 505, 506A, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919
3540
JOURNAL OF THE HOUSE,
Tract: 0309.01 Block(s): 301A, 302, 303, 304
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part)
Tract: 0309.01 Block(s): 101B, 301B, 301C, 401B, 401C, 501B, 502, 503, 601E, 601F, 601G, 601H, 601J, 601K, 601L, 601M, 603B, 604B, 701B, 701C, 701D, 703B
Tract: 0309.03 Block(s): 302B, 302C, 302D, 302E, 302F, 305, 306, 401B, 401C, 401D, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613
Tract: 0310.02 Block(s): 211, 212, 224C, 225B, 226, 227, 228
VTD: 0090 RED ROCK VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B (Part)
Tract: 0309.03 Block(s): 101A, 101B, 101C, 201A, 202A, 203, 204, 301, 302A, 303, 304, 401A, 402, 501A
Tract: 0310.02 Block(s): 210A, 210B, 213A, 223, 224B, 225A
VTD: OOC1 OREGON 5
District: 38
COBB COUNTY VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 110, 112, 113, 114, 115, 116, 118, 201, 901, 902, 903, 904, 916, 917, 922, 923, 925, 926, 927, 928, 929, 930 Tract: 0313.05 Block(s): 209, 210, 219, 227, 228, 901, 902, 917, 918, 922, 923 VTD: 0047 HOWELLS 2
FULTON COUNTY VTD: 0039 3A VTD: 0041 3C VTD: 0042 3D VTD: 0046 3H VTD: 0048 3K VTD: 0058 4D VTD: 0067 4N (Part) Tract: 0040. Block(s): 201, 203, 204, 205, 206, 207, 209, 210, 211, 212, 215 Tract: 0041. Block(s): 310B VTD: OOA8 8A VTD: OOB3 8E VTD: OOB4 8F VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOC9 9A
TUESDAY, MARCH 24, 1992
3541
VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 10E VTD: OOFS 10F VTD: OOF4 10G VTD: OOF5 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOG1 ION VTD: OOG2 11A VTD: OOG9 11H VTD: OOH4 11M VTD: OOH5 UN VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: 00X7 9T
District: 39
FULTON COUNTY VTD: 0023 2H VTD: 0030 2R VTD: 0035 2W VTD: 0040 3B VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0047 3J VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0059 4E VTD: 0061 4G VTD: 0064 4K VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N (Part) Tract: 0060. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413 VTD: 0069 4R
3542
JOURNAL OF THE HOUSE,
VTD: 0070 4S VTD: 0071 4T VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0086 6K VTD: 0097 7J VTD: 0099 7L VTD: OOA1 7M VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R VTD: OOF9 10M VTD: OOG8 11G VTD: OOH2 UK VTD: OOH3 11L VTD: OOH7 11R VTD: OOH9 12A VTD: OOJ2 12C VTD: OOK1 12L VTD: OOL6 EP01 VTD: OOL7 EP02
District: 40
FULTON COUNTY VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D VTD: 0094 7F VTD: 0096 7H VTD: 0098 7K VTD: OOA5 7S VTD: OOA9 8B VTD: OOB1 8C VTD: OOB2 8D VTD: OOB5 8G VTD: OOB6 8H VTD: OOC1 8M VTD: OOC7 8V VTD: OOP4 NC06 VTD: OOP5 NC07 (Part) Tract: 0114.08 Block(s): 203D, 301B Tract: 0114.09 Block(s): 201, 301, 302, 303 VTD: OOP9 NCll VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOU7 SS01 VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV1 SS04
TUESDAY, MARCH 24, 1992
3543
VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: OOV8 SSll VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW3 SS15 VTD: OOW4 SS16 VTD: OOW7 SS20 VTD: OOW8 SS21 VTD: 00X5 SS23 VTD: 00X6 SS17
District: 41
DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0023 CHESTNUT VTD: 0037 DUNWOODY VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0099 PEACHTREE VTD: OOAW SHALLOWFORD VTD: OOAY SILVER LAKE (Part) Tract: 0211. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 114, 115, 116, 117, 201, 202, 203, 204, 220, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408 Tract: 0212.09 Block(s): 301B, 302, 303 VTD: OOBQ VANDERLYN VTD: OOBR VERMACK
GWINNETT COUNTY VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0038 406E VTD: 0039 406F VTD: 0042 4061 VTD: 0043 406J VTD: 0050 405H VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0070 406P VTD: 0071 406Q (Part) Tract: 0503.14 Block(s): 101, 102, 103, 201, 202, 203, 301, 302, 303, 304, 305, 401, 402, 501, 502 VTD: 0075 406R
3544
JOURNAL OF THE HOUSE,
District: 42
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT (Part) Tract: 0218.10 Block(s): 302, 303 VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0061 JOHNSON ESTATES VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON (Part) Tract: 0222. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 501, 502, 503 Tract: 0223.02 Block(s): 310 VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL (Part) Tract: 0217.04 Block(s): 901, 902, 912, 913, 914, 915 Tract: 0220.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 109C, 111, 112, 113, 114, 115, 116, 117, 118, 415A, 421, 422, 423 VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAK REHOBOTH VTD: OOAR SAGAMORE
VTD: OOAU SCOTT VTD: OOAY SILVER LAKE (Part)
Tract: 0211.
Block(s): 110, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 301
VTD: OOBA SKYLAND
TUESDAY, MARCH 24, 1992
3545
VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER
District: 43
DEKALB COUNTY VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0022 CHAPEL HILL VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0044 FAIRINGTON VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 101, 102, 501, 502, 503, 504, 505 VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402, 403, 404, 405, 406, 507, 508, 509A Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506 Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515 VTD: GOAL ROCKBRIDGE VTD: OOAT SALEM VTD: OOBC SNAPFINGER VTD: OOBH STONEVIEW VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL
District: 44
CLAYTON COUNTY VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 404, 407, 501, 505, 908, 909, 911, 918, 919, 920, 921, 929, 938, 939, 940, 941, 942, 943, 946, 949, 950 VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 103, 107, 108, 117, 118, 119, 201, 202, 203, 204, 206, 207, 209, 210, 211, 212, 213, 301, 307, 308, 309A, 309B, 515, 517 Tract: 0403.02 Block(s): 106, 107, 108, 109A, 109B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 301, 302, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 501, 502, 503, 504, 506, 507, 509, 510, 511,
3546
JOURNAL OF THE HOUSE,
517A, 518, 519A, 519B, 519C, 519D, 520, 521, 522, 523A, 523B, 524, 525, 526A, 526B, 527A, 527B Tract: 0403.03 Block(s): 308, 309, 310, 311, 312A, 312B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 301A, 301B, 301C, 302, 304A, 304B, 304C, 305A, 305B, 306, 313A, 313B, 313C, 313D, 315A, 315B, 315C, 315D, 316, 412, 413, 414, 501, 502, 503, 504, 506, 507, 508, 509, 510A, 510B, 510C, 511, 512, 514, 515, 601, 602, 603A, 603B, 604B VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 909, 910, 921, 923 Tract: 0403.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 224, 225, 226, 227, 229, 230, 231, 232, 233, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334 Tract: 0403.05 Block(s): 301, 302, 307A, 307B, 308A, 308B, 310, 311 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0008 JONESBORO 2 (Part) Tract: 0405.07 Block(s): 105A, 201A, 201B, 201C, 201D, 201E, 202, 203, 204 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 (Part) Tract: 0406.05 Block(s): 204, 205A, 205B, 206A, 206B, 207A, 207B, 230, 231, 232, 233, 235, 302, 303, 304, 306, 308A, 308B, 310, 311B, 312, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 323, 324 VTD: 0012 JONESBORO 7 (Part) Tract: 0404.03 Block(s): 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A, 221B, 222, 223, 224 Tract: 0406.03 Block(s): 401, 402, 403, 404, 405, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603B, 604, 605, 606B, 607, 609 VTD: 0013 JONESBORO 8 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0027 RIVERDALE 2 (Part) Tract: 0405.05 Block(s): 601A, 609A, 610A, 610B VTD: 0028 RIVERDALE 3
VTD: 0029 RIVERDALE 4
VTD: 0030 RIVERDALE 5
VTD: 0031 RIVERDALE 6
VTD: 0032 RIVERDALE 7
VTD: 0033 RIVERDALE 8 (Part)
TUESDAY, MARCH 24, 1992
3547
Tract: 0405.05 Block(s): 221B
VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 (Part)
Tract: 0405.07 Block(s): 101, 102, 103, 104, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117
Tract: 0406.04 Block(s): 308C, 308D, 308F, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336
Tract: 0406.07 Block(s): 109
VTD: 0041 LAKE CITY 1 (Part) Tract: 0404.01 Block(s): 218, 306, 307, 308, 309, 310, 312, 314, 338, 419A, 419B, 422A, 422B, 501A, 501B, 501C, 502A, 502B, 502C, 505A, 505B, 514A, 514B
VTD: 0042 JONESBORO 11
District: 45
WALTON COUNTY BARROW COUNTY
VTD: 0001 CAINS VTD: 0002 PENTECOST VTD: 0003 AUBURN VTD: 0004 BEN SMITH VTD: 0005 BETHLEHEM (Part)
Tract: 1802. Block(s): 232A, 232B, 232C, 233A, 233B
Tract: 1805. Block(s): 108, 117, 118, 119, 120, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 219B, 220, 221, 222, 223, 224A, 224B, 225A, 225B, 225C, 226, 227A, 227B, 227C, 228, 229, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252A, 252B, 253A, 253B, 254A, 254B, 254C, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 415, 416, 417, 422, 423, 424, 425
VTD: 0006 JONES VTD: 0010 HOUSE 1 (Part)
Tract: 1802. Block(s): 131, 133, 134, 135
Tract: 1803. Block(s): 256, 266, 267, 268, 269, 270
Tract: 1805. Block(s): 418, 419, 420A
NEWTON COUNTY VTD: 0001 TOWN VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS VTD: 0006 CEDAR SHOALS VTD: 0008 GUM CREEK VTD: 0011 OXFORD
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ROCKDALE COUNTY VTD: 0001 CONYERS VTD: 0003 FIAT SHOALS VTD: 0005 LAKES DISTRICT VTD: 0008 MILSTEAD VTD: 0009 OLDE TOWNE VTD: 0010 ROCKDALE VTD: 0011 SHEFFIELD VTD: 0012 SMYRNA VTD: 0014 HIGHTOWER
District: 46
CLARKE COUNTY BARROW COUNTY
VTD: 0007 STATHAM VTD: 0008 CHANDLER VTD: 0009 HOUSE 2 VTD: 0010 HOUSE 1 (Part)
Tract: 1802. Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 107, 108, 109, 110, 111A, 111B, 111C, 112A, 112B, 113A, 113B, 113C, 113D, 113E, 113F, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 205C, 206, 207, 208A, 208B, 209, 210, 211, 212, 216, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231A, 231B, 355, 356A, 356B, 357, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 430B, 431, 432, 433, 434, 435B, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458B, 459, 460, 461, 462, 463, 464, 465, 466
Tract: 1803. Block(s): 233A, 233C
Tract: 1805. Block(s): 104, 106A, 106B, 107, 420B, 421
OCONEE COUNTY VTD: 0001 WATKINSVILLE VTD: 0002 WILDCAT VTD: 0005 BISHOP VTD: 0006 HIGH SHOALS VTD: 0007 EASTVILLE VTD: 0008 DARK CORNER VTD: 0009 BUNCOMB VTD: 0010 MARS HILL VTD: 0011 SCHOOL
District: 47
FRANKLIN COUNTY HART COUNTY BANKS COUNTY JACKSON COUNTY ELBERT COUNTY MADISON COUNTY
TUESDAY, MARCH 24, 1992
3549
District: 48
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0007 CUMMINGS VTD: 0008 MASHBURN VTD: 0010 MIDWAY
GWINNETT COUNTY VTD: 0001 1295A VTD: 0017 1564 VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 404A VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0028 407A VTD: 0030 407C VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0052 1263C VTD: 0053 1263D VTD: 0055 407D VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B VTD: 0068 407F VTD: 0074 404C
District: 49
HALL COUNTY FORSYTH COUNTY
VTD: 0003 CHATTAHOOCHE VTD: 0004 CHESTATEE VTD: 0005 COAL MOUNTAIN VTD: 0006 CROSSROADS VTD: 0009 MATT VTD: 0011 SAWNES
District: 50
RABUN COUNTY TOWNS COUNTY UNION COUNTY HABERSHAM COUNTY WHITE COUNTY LUMPKIN COUNTY STEPHENS COUNTY DAWSON COUNTY
District: 51
FANNIN COUNTY GILMER COUNTY
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JOURNAL OF THE HOUSE,
GORDON COUNTY PICKENS COUNTY CHEROKEE COUNTY
VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0009 HICKORY FLAT VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0013 SALICOA VTD: 0015 WILDCAT (Part)
Tract: 0907. Block(s): 101A, 101B, 101C, 102A, 102B, 102C, 103, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 107A, 107B, 108, 109, 110, 111A, 111B, 111C, 112, 113, 114, 115A, 115B, 115C, 116, 117A, 117B, 118A, 118B, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 128, 201, 202A, 202B, 203A, 203B, 203C, 203D, 203E, 203F, 204, 205A, 205B, 206A, 206B, 207A, 207B, 207C, 208A, 208B, 208C, 208D, 209, 301A, 301B, 302, 303, 304A, 304B, 305A, 305B, 306A, 306B, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317A, 317B, 318A, 318B, 318C, 319A, 319B, 320A, 320B, 401, 402, 403, 404, 405, 406A, 406B, 407A, 407B, 408A, 408B, 409A, 409B, 409C, 410A, 410B, 411A, 411B, 412A, 412B, 413A, 413B, 413C, 413D, 414A, 414B, 414C, 415A, 415B, 416, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421, 422A, 422B, 423, 424A, 424B, 425A, 425B, 425C, 426A, 426B, 427A, 427B, 428A, 428B, 429, 430, 431, 432, 433, 434, 435A, 435B, 436A, 436B, 501A, 501B, 502A, 502B, 502C, 503A, 503B, 503C, 503D, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632
Tract: 0908. Block(s): 605, 606, 607, 608, 609
District: 52
FLOYD COUNTY BARTOW COUNTY
VTD: 0001 ADAIRSVILLE VTD: 0002 ALLATOONA VTD: 0003 CARTERSVILLE (Part)
Tract: 9601. Block(s): 346, 383A, 383B, 384
Tract: 9604. Block(s): 101A, 101B, 101C, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 211, 213A, 213B, 213C, 213D, 223A, 223B, 224A, 224B, 225A, 225B, 226, 227, 235A, 235B, 235C, 236A, 236B, 236C, 236D, 237, 238, 239A, 239B, 239C, 240, 241A, 241B, 241C, 242A, 242B, 242C, 243A, 243B, 243C, 244A, 244B, 244C, 245A, 245B, 245C, 246A, 246B, 247A, 247B, 247C, 248A, 248B, 249, 250A, 250B, 251A, 251B, 252A, 252B, 253A, 253B, 253C, 254A, 254B, 255A, 255B, 256A,
TUESDAY, MARCH 24, 1992
3551
256B, 257A, 257B, 257C, 258A, 258B, 259, 260, 261A, 261B, 262, 263 VTD: 0004 CASSVILLE VTD: 0005 CENTER VTD: 0006 EMERSON VTD: 0008 SIXTH VTD: 0010 KINGSTON VTD: 0011 PINE LOG AND WOLF PEN VTD: 0012 STAMP CREEK
District: 53
DADE COUNTY WALKER COUNTY CHATTOOGA COUNTY WHITFIELD COUNTY
VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0007. Block(s): 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
Tract: 0008. Block(s): 120A, 120C, 120D, 121B, 121C, 123D, 148, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 301, 302B, 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 413, 414, 415, 417, 474, 475, 476, 477, 478
VTD: 0018 TILTON VTD: 0019 TRICHUM
District: 54
CATOOSA COUNTY MURRAY COUNTY WHITFIELD COUNTY
VTD: 0001 1A VTD: 0002 2A VTD: 0003 3A VTD: 0004 4A VTD: 0005 5A VTD: 0006 6A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0008. Block(s): 120B, 121A, 122, 123A, 123B, 123C, 302A
VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0020 TUNNEL HILL
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JOURNAL OF THE HOUSE,
VTD: 0021 UPPER TENTH VTD: 0022 VARNELL
District: 55
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0004 ATHERTON VTD: 0006 AVONDALE ESTATES VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0038 EAST LAKE VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLL WOOD VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402 Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 401, 407, 408 VTD: 00AM ROCK CHAPEL VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAQ ROWLAND ROAD VTD: OOAV SCOTTDALE VTD: OOBK TILSON VTD: OOBL TONEY
District: 56
CHEROKEE COUNTY VTD: 0010 LICK SKILLET VTD: 0015 WILDCAT (Part) Tract: 0908. Block(s): 702, 703, 704, 705
FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NC03 VTD: OOP2 NC04 VTD: OOP3 NC05 VTD: OOPS NC07 (Part) Tract: 0114.08
TUESDAY, MARCH 24, 1992
3553
Block(s): 201C, 206B, 208B VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0036 406C VTD: 0040 406G VTD: 0041 406H VTD: 0058 406L VTD: 0059 406M
(b) A member of the Senate must be a resident of the district which such member represents and at the time of such member's election must have been a resident of the territory embraced within such district for at least one year preceding such time. Each Senator shall be elected only by the voters of such Senator's senatorial district.
(c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1993. Until that time the membership of the Senate elected under prior law shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective, however, for the primary and general elections of 1992 for the purpose of electing members of the Senate in 1992 who are to take office in 1993. Successors to those members shall likewise be elected under the provisions of this Code section.
(d) For the purposes of this Code section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia.
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 of Title 21, within which all electors vote at one polling place.
(3) Whenever the description of any senatorial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1990 for the State of Georgia.
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any senatorial district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control. (e) Any part of the State of Georgia which is not included in any Senate district described in this Code section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (f) Any part of the State of Georgia which is described in this Code section as being included in a particular Senate district shall nevertheless not be included within such Senate district if such part is not contiguous to such Senate district. Such noncontiguous part shall instead be included within that Senate district contiguous to such part which
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JOURNAL OF THE HOUSE,
contains the least population according to the United States decennial census of 1990 for the State of Georgia."
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 amendatory document (AM 18 0181) was read:
Amend the Committee of Conference Substitute to SB 567 by striking the descriptions of Districts 7, 8, 10, 11, 12, 13, 43, and 55 and inserting in their place new descriptions of said districts to read as follows:
"District: 7
TIFT COUNTY BERRIEN COUNTY CLINCH COUNTY LANIER COUNTY CAMDEN COUNTY CHARLTON COUNTY ECHOLS COUNTY COOK COUNTY
VTD: 0002 CECIL VTD: 0004 LENOX VTD: 0005 MASSEE VTD: 0008 ADEL EAST WARE COUNTY VTD: 0005 BEACH-BICKLEY VTD: 0010 HAYWOOD VTD: 0015 JAMESTOWN VTD: 0020 MANOR VTD: 0025 MILLWOOD VTD: 0030 WARESBORO VTD: 0151 1231-151 (Part)
Tract: 9506. Block(s): 101C, 101D, 102, 103, 104, 105, 106, 107, 108A, 108B, 108C, 109, HOB, 111, 130C, 130D, 131, 132B, 133C, 134, 135, 136, 137, 138, 139, 201, 202, 203C, 204, 205B, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 601, 602, 603, 604, 605
Tract: 9508. Block(s): 565
Tract: 9509. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110. Ill, 112, 113, 114, 115E, 133B, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 225G, 226, 227D, 238B, 245B, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 353B, 357, 358, 359, 360B, 382B, 382C, 383B, 384, 385, 401, 402B, 403, 412C, 418B, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434B, 437B, 437C, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471,
TUESDAY, MARCH 24, 1992
3555
472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497 VTD: 150A 1231-150A - VTD: 150C 1231-150C
District: 8
MILLER COUNTY BROOKS COUNTY
VTD: 0001 BARNEY VTD: 0002 BRIGGS (Part)
Tract: 9903. Block(s): 221, 222, 223, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 257, 264, 265
Tract: 9904. Block(s): 101, 102, 130, 131, 132, 133, 134, 135, 136, 137
VTD: 0004 DRY LAKE VTD: 0006 HICKORY HEAD VTD: 0007 MORVEN VTD: 0008 WANKIN VTD: 0009 QUITMAN (Part)
Tract: 9902. Block(s): 295
Tract: 9903. Block(s): 278, 279, 292, 293
Tract: 9904. Block(s): 103, 104, 105, 106, 107, 108, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 155B, 156, 158B, 217B, 218, 219B, 220, 224, 225, 228, 233, 237B
Tract: 9905. Block(s): 147C, 147D, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168B, 169B, 169C, 170C, 190B, 192, 193, 194, 195, 196, 197, 330, 331, 332, 333, 334, 335, 336B, 354B, 357B, 358, 359, 360, 361, 362
VTD: 0010 TALLOAKS AND WILLIAMS DECATUR COUNTY
VTD: 0002 BAINBRIDGE (Part) Tract: 9701. Block(s): 177, 179, 180, 181, 182, 183, 186, 187, 188, 189, 190, 191, 192, 193 Tract: 9704. Block(s): 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126A, 126B, 127, 128, 201, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 243 Tract: 9706. Block(s): 101, 102, 113, 114, 115, 116, 117, 118, 119, 120, 121, 130, 131, 132, 133, 134, 201, 202, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9702.
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JOURNAL OF THE HOUSE,
Block(s): 190, 192, 193, 194, 195, 237, 238, 239, 240, 257 Tract: 9703.
Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 144B, 145, 146B, 147B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 158B, 159, 160, 161, 162, 163, 201B, 202C, 203, 204B, 260B, 261, 262, 263, 264, 265, 266, 267C, 270B, 278B, 287, 288
VTD: 0004 BELCHER VTD: 0006 BRINSON VTD: 0007 CLIMAX VTD: 0010 KENDRICK VTD: 0011 PARKER VTD: 0012 PINE HILL GRADY COUNTY VTD: 0005 BLOWING CAVE VTD: 0020 LIMESINK & SPRINGHILL VTD: 0025 MIDWAY (Part)
Tract: 9505. Block(s): 108, 109, 110, 111A, 111B, 111C, 124B, 127B, 128B, 129, 130, 131, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 309B, 309C, 316B, 321, 322B, 323, 324, 335, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349
VTD: 0030 PINEPARK VTD: 0040 SPENCE VTD: 0045 WOODLAND (Part)
Tract: 9503. Block(s): 107, 108, 110, 111, 112, 113, 114, 118, 119, 122, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136A, 136B, 137, 138, 144, 145, 146, 151
Tract: 9504. Block(s): 101, 102, 103, 104, 105, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151B, 152, 203, 204, 205, 206, 207, 208, 209, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 231B, 231C, 232A, 232B, 233, 236, 239, 240, 241, 242A, 242B, 242C, 243, 244, 245, 301C, 302, 303B, 322B
VTD: 0055 CAIRO 5 (Part)
Tract: 9504.
Block(s): 151A, 301A, 301B, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 404, 405, 406, 407, 408, 409, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437
Tract: 9505.
Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127A, 128A, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 310, 311, 312, 313, 314, 315, 316A, 317, 318, 319, 320, 322A, 411, 413, 414, 416
VTD: 0060 WHIGHAM
TUESDAY, MARCH 24, 1992
3557
LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM VTD: 0005 GARDEN CENTER (Part) Tract: 0105. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 134, 135
Tract: 0110.
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
214, 215, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318,
319, 320, 321, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333,
334
Tract: 0111.
Blotk(s): 207, 208, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230,
231 VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0015 AZALEA CITY CHURCH OF GOD (Part)
Tract: 0109. Block(s): 337A, 337B, 338, 339, 340, 341, 342A, 342B, 343A, 343B, 344A, 344B, 345, 346A, 346B, 346C
Tract: 0113. Block(s): 111B, 116B
Tract: 0114. Block(s): 403A, 403B, 403C, 403D, 403E, 403F, 404, 405A, 405B, 405C, 405D, 405E, 405F, 406, 407A, 407B, 408, 409A, 409B, 410, 411, 412, 413A, 413B, 413C, 414A, 414B, 415A, 415B, 416
VTD: 0016 REDLANDS BAPTIST CHURCH (Part) Tract: 0114. Block(s): 501, 502, 504B, 505B, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 672, 673, 674, 675, 676, 677B, 678, 680, 681, 682
VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102.
Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 493, 494, 496, 497
VTD: 0018 NEW COVENANT CHURCH VTD: 0021 REMERTON CITY HALL
VTD: 0022 EVANGEL CATHEDRAL
3558
JOURNAL OF THE HOUSE,
THOMAS COUNTY VTD: 0001 EASTSIDE VTD: 0004 OCHLOCHNEE VTD: 0005 MEIGS VTD: 0006 COOLIDGE VTD: 0007 PAVO VTD: 0009 BARWICK VTD: 0010 ELLABELLE VTD: 0011 MERRIVILLE VTD: 0013 ARMORY (Part) Tract: 9602. Block(s): 292 Tract: 9608. Block(s): 101, 102, 103, 104A, 104E, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131, 132, 133, 134, 136, 137B, 138, 139, 140, 141, 142, 160, 161, 162, 163, 164, 165, 529B, 531, 535B, 536 Tract: 9610. Block(s): 304D, 304E, 305B, 306, 307C, 308, 309B, 310F, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328B, 329, 330, 331, 332, 336 VTD: 0014 PATTEN VTD: 0017 FAIRGROUNDS VTD: 0018 CENTRAL VTD: 0019 JERGER"
"District: 10
CLAYTON COUNTY VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 901, 902, 903, 913A, 913B, 914A, 914B, 915, 916, 917, 922, 923, 924, 926A, 926B, 926C, 927, 928, 930, 945 VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 101, 102, 104, 105, 106, 113, 114, 302, 303, 304, 305, 306, 310, 311, 312A, 312B, 312C, 313, 314, 315, 316, 401, 405, 406, 407, 408, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 516 Tract: 0403.02 Block(s): 101A, 101B, 101C, 102, 104, 105, 112, 505, 508A, 508B, 512, 513, 514, 515, 516, 517B VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 102A, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 209D, 209E, 209F, 210, 211, 212, 213, 214, 215, 216, 217, 604A, 605, 606, 607, 608, 609, 610, 611, 612A, 612B, 612C VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 911, 912, 913, 914, 915, 916, 917, 918, 922, 933 VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0403.03
Block(s): 101, 102B Tract: 0404.02
TUESDAY, MARCH 24, 1992
3559
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209, 210, 801, 802, 803, 904, 905, 906, 907, 910, 912, 925A, 925B, 925C
VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0033 RIVERDALE 8 (Part)
Tract: 0405.04 Block(s): 330C, 3 ; 3C, 334
Tract: 0405.05 Block(s): 221C, 221D, 224B, 225, 301B, 309, 310D, 311, 312, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520
VTD: 0041 LAKE CITY 1 (Part) Tract: 0404.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 123C, 124, 125, 126, 127, 130, 131, 132, 201, 202, 203, 204, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 215, 301, 302A, 302B, 303, 304, 305, 311, 313, 315, 323A, 323B, 323C
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0019 CEDAR GROVE VTD: 0027 CLIFTON VTD: 0039 EASTLAND VTD: 0047 FORREST HILLS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0065 KIRKWOOD VTD: 0076 MCLENDON VTD: 0078 MEADOWVIEW VTD: 0088 MORELAND VTD: 0091 NORTH DECATUR VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON VTD: OOBD SOUTH DECATUR VTD: OOBJ TERRY MILL VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH VTD: OOCB WINNONA
District: 11
EARLY COUNTY SEMINOLE COUNTY BAKER COUNTY
VTD: 0001 ANNA VTD: 0003 HOGGARDS MILL BROOKS COUNTY VTD: 0002 BRIGGS (Part)
Tract: 9903. Block(s): 255, 256, 258, 259, 260, 261, 262, 263, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277
Tract: 9905.
3560
JOURNAL OF THE HOUSE,
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128, 129
VTD: 0003 DIXIE VTD: 0005 GROOVERVILLE VTD: 0009 QUITMAN (Part)
Tract: 9904. Block(s): 147A, 148A, 149, 150, 151, 152, 153, 154, 155A, 157A, 157B, 158A, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 217A, 219A, 226, 227, 230, 231, 232, 234A, 234B, 235A, 235B, 236, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380
Tract: 9905. Block(s): 119, 120, 130, 131, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 168A, 169A, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 191A, 191B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 313D, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 336A, 337, 338, 339A, 339B, 339C, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354A, 355, 356, 357A
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 222, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321 VTD: 0006 HARTSFIELD VTD: 0010 MOULTRIE (Part)
Tract: 9703.
Block(s): 216, 433, 523, 524, 525, 616, 617
Tract: 9704.
Block(s): 113, 114, 115, 116, 117, 118, 122, 123, 124, 125, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265
Tract: 9707.
Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304,
TUESDAY, MARCH 24, 1992
3561
305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 332, 333, 334 Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 301C Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B VTD: 0018 SHAW DECATUR COUNTY VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part) Tract: 9703. Block(s): 267B, 284A, 284B, 285, 286, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384, 385, 386, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447 Tract: 9704. Block(s): 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449 Tract: 9705.
Block(s): 214, 215, 216, 217, 218, 233, 234, 238 Tract: 9706.
Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 232, 401, 402A, 402B, 403B, 403C, 416, 417, 418, 419A, 419B, 419C, 420, 421A, 421B, 422A, 422B, 422C
Tract: 9707.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 193, 194, 195, 196, 197
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9703. Block(s): 144A, 146A, 147A, 157, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A, 202B, 204A, 205, 206, 207, 208, 209, 210,
3562
JOURNAL OF THE HOUSE,
211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 267A, 268, 269, 270A, 271, 272, 273, 274, 275, 276, 277, 278A, 279, 280, 281, 282, 283 VTD: 0005 BELL VTD: 0008 FACEVILLE VTD: 0009 FOWLSTOWN VTD: 0013 RECOVERY GRADY COUNTY VTD: 0010 DUNCANVILLE VTD: 0015 HIGDON VTD: 0025 MIDWAY (Part) Tract: 9505. Block(s): 325, 326, 327, 328, 329, 333, 334, 424B, 427B, 428, 433, 434, 435 VTD: 0035 RAGAN VTD: 0045 WOODLAND (Part) Tract: 9503. Block(s): 128A, 129A, 129B, 129C, 139, 140, 141, 142, 143, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0050 CAIRO 4 VTD: 0055 CAIRO 5 (Part) Tract: 9504. Block(s): 401, 402, 403, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 246, 401, 402, 403, 404, 405, 407, 408, 409, 410, 412, 415, 417, 418, 419, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439 LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part) Tract: 0109. Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143, 144, 145 Tract: 0110. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 216, 217, 301, 302, 303, 304, 305, 306, 307, 322, 323, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450 VTD: 0007 LOMAX-PINEVALE VTD: 0015 AZALEA CITY CHURCH OF GOD (Part) Tract: 0114.
Block(s): 309A, 309B, 309C, 310A, 311, 402A, 402B, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 443, 444, 445, 446, 447, 503A, 504A, 505A, 506A
VTD: 0016 REDLANDS BAPTIST CHURCH (Part)
Tract: 0114.
Block(s): 310B, 312, 503B
VTD: 0017 SHILOH FIRE STATION (Part)
TUESDAY, MARCH 24, 1992
3563
Tract: 0102. Block(s): 495
VTD: 0019 CRAIG RECREATION CENTER MITCHELL COUNTY
VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH VTD: 0015 CAMILLA SOUTH VTD: 0020 COTTON AND HINSONTON VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0035 PEBBLE CITY VTD: 0040 PELHAM THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0003 BOSTON VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY (Part)
Tract: 9608. Block(s): 166C, 167, 512B, 513B, 514B, 515, 516, 517, 518B, 519B, 520, 521, 522, 523, 524, 525, 526, 527, 528, 530
Tract: 9610. Block(s): 333, 334, 338
VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP
District: 12
STEWART COUNTY
WEBSTER COUNTY QUITMAN COUNTY
TERRELL COUNTY RANDOLPH COUNTY
CLAY COUNTY CALHOUN COUNTY BAKER COUNTY
VTD: 0002 ELMODEL VTD: 0004 MILFORD VTD: 0005 NEWTON DOUGHERTY COUNTY VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH
3564
JOURNAL OF THE HOUSE,
VXD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH
District: 13
DOOLY COUNTY CRISP COUNTY TURNER COUNTY WORTH COUNTY IRWIN COUNTY BEN__HILL COUNTY
VTD: 0002 EASTERN (Part) Tract: 9601. Block(s): 102 Tract: 9604. Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 351, 352, 411, 412, 413, 414A, 414B, 414C, 414D, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434 Tract: 9605. Block(s): 301, 308, 309, 316, 317, 324, 325, 332, 333A, 333B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521A, 521B, 522A, 522B, 523A, 523B, 524A, 524B, 525, 526A, 526B, 526C, 527, 528, 529, 530, 531, 532A, 532B, 533, 534, 535, 536, 537, 538, 539, 542, 543A, 543B, 544A, 544B, 544C, 545A, 545B, 546, 547, 548A, 548B, 548C, 548D, 548E, 548F, 549, 550, 551A, 551B, 551C, 552, 553, 554A, 554B, 556, 557, 558, 559, 560, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 586, 591, 592
VTD: 0003 WESTERN (Part) Tract: 9603. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 141C, 142A, 142B, 142C, 143, 144A, 144B, 144C, 144D, 145, 146, 147A, 147B, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315A, 315B, 316, 317A, 317B, 318, 319A, 319B, 319C, 320, 401, 402, 403, 404, 405, 406, 407A, 407B, 408A, 408B, 409A, 409B, 410, 411A, 411B, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425 Tract: 9604. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210A, 210B, 227, 228, 229, 230, 310, 311, 312, 313, 329, 330, 331, 332, 348, 349, 350
TUESDAY, MARCH 24, 1992
3565
Tract: 9605. Block(s): 101A, 101B, 102A, 102B, 102C, 103A, 103B, 104A, 104B, 105, 106, 107, 108A, 108B, 109A, 109B, 109C, 109D, 109E, 110A, HOB, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118A, 118B, 119A, 119B, 120, 121, 122A, 122B, 123, 124, 125, 126, 127A, 127B, 127C, 128, 129, 130, 131A, 131B, 131C, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151A, 151B, 152, 153, 154A, 154B, 155A, 155B, 155C, 156, 157, 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 209, 210A, 210B, 211A, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 323, 326, 327, 328, 329, 330, 331, 334, 335, 336, 337, 338A, 338B, 338C, 338D, 338E, 339, 340A, 340B, 340C, 340D, 341, 342A, 342B, 343, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369A, 369B, 369C, 370, 555
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462 VTD: 0002 CROSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129B, 130, 132, 133, 223, 308A, 309, 310, 311, 312, 313, 314A VTD: 0005 HAMILTON VTD: 0007 LEE VTD: 0008 MILL CREEK VTD: 0009 MONK VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 215B
Tract: 9704.
Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 119, 120, 121, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 335A, 337, 340, 341, 342
Tract: 9706.
Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A
Tract: 9707.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124,
3566
JOURNAL OF THE HOUSE,
125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 257, 258, 308, 309, 310, 311, 312, 313, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 Tract: 9708. Block(s): 131, 132, 133, 201, 202, 203, 204, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON VTD: 0014 THIGPEN VTD: 0015 TY TY VTD: 0016 WARRIOR VTD: 0017 HOPEWELL VTD: 0019 AUTREYVILLE COOK COUNTY VTD: 0001 ADEL WEST VTD: 0003 PINE VALLEY VTD: 0006 RIVER BEND VTD: 0007 SPARKS MITCHELL COUNTY VTD: 0045 RAIFORD VTD: 0050 SALE CITY"
"District: 43
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0022 CHAPEL HILL VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0044 FAIRINGTON VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 101, 102, 501, 502, 503, 504, 505
TUESDAY, MARCH 24, 1992
3567
VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402, 403, 404, 405, 406, 507, 508, 509A Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506 Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515
VTD: GOAL ROCKBRIDGE VTD: OOAQ ROWLAND ROAD VTD: OOAT SALEM VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBV WESLEY CHAPEL"
"District: 55
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0038 EAST LAKE VTD: 0046 FLAT SHOALS VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402 Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 401, 407, 408 VTD: 00AM ROCK CHAPEL VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH"
Representative Hanner of the 131st moved that the House adopt the report of the Committee of Conference on SB 567.
On the motion, the roll call was ordered and the vote was as follows:
3568
JOURNAL OF THE HOUSE,
Y Abernathy Y Adams Y Aiken Y Alford N Ashe N Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett,M N Bates Y Beatty Y Benefield
Birdsong N Blitch Y Bordeaux
Bostick Branch N Breedlove Brooks Y Brown
Y Brush YBuck N Buckner YByrd Y Campbell
Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Childers
Y Clark.E Y Clark.L
Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings,B Y Cummings,M
Y Davis.D Y Davis.G
N Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
N Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B
Y Harris.J
Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Jackson Y Jamieson Y Jenkins
Jones Y Kilgore NKing Y Kingston Y Klein NLadd
Lane.D Y Lane.R Y Langford N Lawrence
Lawson YLee
Long YLord
Lucas YMann Y Martin N McBee Y McCoy N McKelvey
McKinney.B N McKinney.C
N Meadows Y Merritt
Milam
On the motion, the ayes were 119, nays 28. The motion prevailed.
Y Mills Y Mobley
Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit N Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell,A N Powell.C Y Presley Y Purcell Y Randall NRay Y Reaves
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 Y Snow
Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C N Thomas.M
Thomas.N Y Thurmond N Titus N Tolbert
Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan
Walker.J Walker.L Y Wall
Y Watson Y Watts N White N Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
The following Resolutions of the House were read and adopted:
HR 1132. By Representatives Turnquest of the 56th, Thomas of the 55th, Williams of the 54th, Baker of the 51st, Taylor of the 94th and others:
A resolution commending Gilbert Nathaniel "Doc" Turman.
HR 1133. By Representatives Brown of the 88th and Howard of the 85th: A resolution commending James Brown.
HR 1134.
By Representatives Williams of the 90th, Connell of the 87th, Lawrence of the 49th, Stancil of the 8th and Heard of the 43rd:
A resolution recognizing the month of May as "United Cerebral Palsy Month".
HR 1136.
By Representatives Turnquest of the 56th, Thomas of the 55th, Williams of the 54th, Taylor of the 94th, Thomas of the 31st and others:
A resolution commending the National Council of Negro Women, Inc. (NCNW).
HR 1137. By Representative Birdsong of the 104th:
A resolution commending the Wilkinson County High School boys' basketball team.
TUESDAY, MARCH 24, 1992
3569
HR 1138. By Representative Edwards of the 112th: A resolution commending the Tri-County High School girls' basketball team.
HR 1139. By Representatives Childers of the 15th and Hamilton of the 124th: A resolution commending the Association for the Care of Children's Health.
HR 1140. By Representative Edwards of the 112th:
A resolution commending the Taylor County High School girls' basketball team.
HR 1141. By Representative Adams of the 79th: A resolution commending Honorable Norma Hodge.
HR 1142. By Representatives Greene of the 130th, Herbert of the 76th, Kilgore of the 42nd, Cummings of the 17th and Edwards of the 112th:
A resolution expressing appreciation to the Georgia Association of Educators.
HR 1143. By Representatives Adams of the 79th and Flynt of the 75th: A resolution commending Honorable Charles Gordy.
HR 1144. By Representatives Brown of the 88th and Howard of the 85th: A resolution commending Reverend Andrew Johnson.
HR 1145.
By Representatives Sinkfield of the 37th, Davis of the 29th, Thomas of the 31st, Martin of the 26th and Orrock of the 30th:
A resolution commending the Reverend Austin Ford and Emmaus House on its 25th anniversary.
HR 1146. By Representatives Abernathy of the 39th, Brooks of the 34th, Thurmond of the 67th, Baker of the 51st and Turnquest of the 56th:
A resolution commending Muhammad Ali.
HR 1147. By Representative Childers of the 15th:
A resolution commending Dr. Steve Foster and the medical staff of Eastside Medical Clinic.
HR 1148. By Representative Mobley of the 64th: A resolution commending Simuel F. (Pete) Doster.
HR 1149. By Representative Pinkston of the 100th:
A resolution commending and congratulating the Georgia Bankers Association.
HR 1150. By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution recognizing "Shannon Industry Day" and commending Florida Tile Industries.
3570
JOURNAL OF THE HOUSE,
HR 1151.
By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution recognizing "Shannon Industry Day" and commending the Katsushiro Rome Corporation.
HR 1152.
By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution recognizing "Shannon Industry Day" and commending Rome Pepsi Cola.
HR 1153.
By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution recognizing "Shannon Industry Day" and commending Marglen Industries, Inc.
HR 1154.
By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution recognizing "Shannon Industry Day" and commending Church Chair Industries, Inc.
HR 1155.
By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution recognizing "Shannon Industry Day" and commending Outside Carpets International.
HR 1156.
By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution recognizing "Shannon Industry Day" and commending the Brighton Plant of Galey and Lord.
HR 1157.
By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution recognizing "Shannon Industry Day" and commending Scott Edwards, Inc.
HR 1158.
By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution recognizing "Shannon Industry Day" and commending Dickey Seed Company, Inc.
HR 1159.
By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution recognizing "Shannon Industry Day" and commending Hopton Technologies, Incorporated.
HR 1160. By Representative Alford of the 57th: A resolution commending Mr. Dewey Cleveland Brown, Jr.
TUESDAY, MARCH 24, 1992
3571
HR 1161.
By Representatives Teper of the 46th, Valenti of the 52nd, Turnquest of the 56th, Oliver of the 53rd, Thomas of the 55th and others:
A resolution urging the Board of Commissioners of DeKalb County to take immediate action to implement a policy program to provide intermediate preventive and corrective relief from flood loss.
HR 1162. By Representative Hudson of the 117th: A resolution commending Roy Umstattd.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following Bills of the Senate and House:
SB 567. By Senators Walker of the 43rd and Garner of the 30th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office.
HB 1340.
By Representative Hanner of the 131st:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts.
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.
3572
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, March 25, 1992
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 Robert H. Zbinden, Pastor, Funston Baptist Church, Funston, 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 Resolutions of the House were introduced, read the first time and referred to the committees:
HR 1165. By Representatives Coleman of the 118th, Byrd of the 153rd and Branch of the 137th: A resolution designating the James E. Livingston Medal of Honor Highway.
Referred to the Committee on Transportation.
HR 1166. By Representatives Irwin of the 57th, Alford of the 57th, Sherrill of the 47th and Walker of the 115th: A resolution urging the United States Congress to take all necessary and appropriate action to eliminate all limitation on outside income for recipients of benefits under the Social Security Act.
Referred to the Committee on Rules.
WEDNESDAY, MARCH 25, 1992
3573
HR 1167. By Representatives Orrock of the 30th, Childers of the 15th, Teper of the 46th, Sherrill of the 47th, Turnquest of the 56th and others:
A resolution urging American Telephone and Telegraph and the Communications Workers of America to negotiate in good faith.
Referred to the Committee on Industrial Relations.
HR 1168. By Representative Sherrill of the 47th:
A resolution urging the Georgia Public Service Commission to study possible state regulation of cellular phone service.
Referred to the Committee on Industry.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HR 1130 HR 1135 SB 848
SB 863 SB 864 SB 865
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 759 Do Pass, as Amended
Respectfully submitted, /a/ Thomas of the 69th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 534 Do Pass SB 770 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:
3574
JOURNAL OF THE HOUSE,
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 2035 Do Pass, by Substitute
HB 2036 Do Pass, by Substitute HB 2064 Do Pass HB 2109 Do Pass, by Substitute HB 2164 Do Pass
HB 2168 Do Pass HB 2173 Do Pass
HB 2175 Do Pass
HB 2176 Do Pass
HB 2178 Do Pass SB 709 Do Pass SB 713 Do Pass, as Amended HB 2157 Do Pass
HB 2165 Do Pass HB 2169 Do Pass
SB 861 Do Pass
Respectfully submitted,
M Lane of the 27th Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, MARCH 25, 1992
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:
SB 119 Municipal corp; cert counties; min dist between boundaries SB 284 Emer Med services; intravenous fluids on vehicles; requirements SB 415 Georgia Tort Claims Act; enact SB 463 Speech-Language Pathology and Audiology Licensing Act; amend SB 468 Medical examiners; Physicians Assistants Advisory Comm; exp SB 484 Schools; comprehensive evaluation; exemption SB 489 DUI; driver's license suspension; implied consent (P.P. 3/257) SB 545 Multicounty public defender; create office SB 552 Veterans' employment preference; certain National Guard members SB 555 Veterans' drivers' licenses; clarification SB 563 Weapons; prohibit at schools and school grounds SB 725 Shore Assistance Act; amend provisions SB 728 Alcoholic beverages; Sunday sales; festivals SB 730 Probation svs for mun cts; private corp; authorize SB 731 Hospital financing; certain definitions; change provisions SB 735 Street Gang Terrorism and Prevention Act; enact SB 747 Insurance agents, etc.; licensing; comprehensive revision SB 750 Mun adjacent to state line; cert peace officers; population
figures SB 769 Education; demonstration program status; prerequisites SB 773 World Congress Center; alcoholic beverage sales SB 774 Distilled spirits; retail dealer license; certain requirements SB 777 Professional Standards Commission; amend provisions SB 784 QBE; enrollment determination; dates of counts SB 786 Health insurance; group coverage; certain employee contribution SB 790 Patient cost of care; amend provisions SB 791 Georgia Laws and Senate & House Journals; price determination SB 811 Mentally retarded; community services; amend provisions
SR 363 Milledgeville, City of; convey property SR 366 Ben Jess Logan, Sr., Memorial Bridge; designate SR 418 Colquitt County; grant easement
WEDNESDAY, MARCH 25, 1992
3575
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 2035.
By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to reapportion the commission districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, so as to reapportion the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, is amended by striking Section 18 and inserting in lieu thereof the following:
"Section 18. Commissioner districts, (a) For purposes of the election of members of the board of commissioners, Carroll County is divided into the following territory:
Commissioner District: 1
CARROLL COUNTY VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9907. Block(s): 317, 321, 322, 323, 404, 405B, 407, 408, 409C, 410B, 410C VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 101B, 102, 103, 104B, 105B, 106, 107, 108A, 108C, 108D, 109C,111C Tract: 9906. Block(s): 112, 118, 119, 142, 143, 144, 145A, 145C VTD: 0006 CENTRAL HIGH 714 B SOUTH (Part) Tract: 9910. Block(s): 308B, 309B, 310B, 310C, 310D, 310E, 316 VTD: 0009 SANDHILL (Part) Tract: 9907. Block(s): 314, 315, 316 VTD: 0015 BOWDEN JUNCTION (Part) Tract: 9903. Block(s): 156, 157, 176, 177, 178, 179, 180, 181, 182, 183, 186, 188, 235, 236, 237, 238, 257, 258, 259, 260 VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9905. Block(s): 108B, 109A, 109B, 129A, 130A, 131A, 131B, 131C, 131D, 131E, 132, 133, 134, 135, 136, 139A, 140, 201, 202, 203, 204,
3576
JOURNAL OF THE HOUSE,
206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 401, 402A, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 507 VTD: 0021 LAKESHORE RECREATION CENTER 714A2 (Part) Tract: 9906. Block(s): 145B, 202A, 203, 204, 205, 207A, 207B, 207D, 214, 215, 216, 217, 218, 219, 308, 309, 310, 311, 312, 322, 323, 334, 335 Tract: 9907. Block(s): 405A, 406, 409A, 409B, 410A VTD: 0022 BONNER 714A3 (Part) Tract: 9907. Block(s): 515, 516, 519, 527, 528, 530, 531 Tract: 9910. Block(s): 104, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308A, 309A, 310A, 311 Tract: 9911. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 112, 113, 114, 115, 116, 117, 118, 120 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 501, 502, 503, 504, 505, 506 VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905. Block(s): 119, 120, 121, 122, 123, 130C, 131F, 131G, 131H, 131J, 139B, 139C, 139D, 402B
Commissioner District: 2
CARROLL COUNTY VTD: 0009 SANDHILL (Part) Tract: 9901. Block(s): 430, 431, 432, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449 Tract: 9906. Block(s): 101, 102, 132, 133, 134 Tract: 9907. Block(s): 116, 117, 118, 119, 120, 165, 166, 167, 168, 169, 181A, 183, 184, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 VTD: 0018 VILLA RICA CITY VTD: 0019 VILLA RICA COUNTY
Commissioner District: 3
CARROLL COUNTY VTD: 0001 TEMPLE 649 VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9906. Block(s): 135, 201, 202B Tract: 9907. Block(s): 318, 319, 320, 439, 440, 441 VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 110, 111B Tract: 9906.
WEDNESDAY, MARCH 25, 1992
3577
Block(s): 113, 114, 115, 116, 117, 120, 121, 122, 123, 124, 125, 128, 129, 130, 136, 137, 138, 139, 140, 141, 202C, 206, 207C, 208, 209, 210, 211, 212
VTD: 0010 CENTERPOINT VTD: 0012 MOUNT ZION VTD: 0015 BOWDEN JUNCTION (Part)
Tract: 9903. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106, 107, 108, 109A, 109B, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 116A, 116B, 117A, 117B, 118A, 118B, 119A, 119B, 120A, 120B, 120C, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 184, 185, 187, 189, 190, 192, 193, 194, 195, 196, 197, 221A, 221B, 225, 226, 233A, 233B, 234
VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9905. Block(s): 101A, 101C, 104A, 105A, 111A, 112, 113A, 124A, 126, 128A, 128B, 137A, 137B, 205A
VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905. Block(s): HID, 113B, 114, 115, 116, 124B, 125, 127, 128C, 129B, 130B, 137C, 138, 205B
Commissioner District: 4
CARROLL COUNTY VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9907. Block(s): 185, 186, 187, 221, 222, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 401, 402, 403B, 403C, 403D, 411B, 429B, 429C, 430C, 430D, 430E, 431B, 432B, 433C, 433D, 434, 435B, 435C, 436B, 436C, 603, 604, 605, 606, 607, 608, 609, 610B, 617, 618B, 619C, 620, 625, 626, 627, 628 VTD: 0006 CENTRAL HIGH 714 B SOUTH (Part) Tract: 9910. Block(s): 205B, 206, 207, 208, 312, 313, 314, 315, 317, 318, 319, 320, 321 Tract: 9911. Block(s): 225B, 228B, 229B, 230B, 230C, 231, 234, 314B, 317B, 501, 502, 507 VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9911. Block(s): 128 VTD: 0021 LAKESHORE RECREATION CENTER 714A2 (Part) Tract: 9906. Block(s): 213, 301, 302, 303, 304, 305, 306, 307, 313, 314, 315, 316, 317, 318, 319, 320, 321, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333 Tract: 9907. Block(s): 403A, 411A, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 430A, 430B, 431A, 432A, 433A, 433B, 435A, 436A, 437, 438, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 517, 518, 520, 521, 522, 523, 524, 525, 532, 533 VTD: 0022 BONNER 714A3 (Part) Tract: 9907. Block(s): 526, 529, 610A, 611, 612, 613, 614, 615, 616, 618A, 619A, 619B
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JOURNAL OF THE HOUSE,
Tract: 9910. Block(s): 101, 102, 103, 105, 106, 107, 108, 203, 204, 205A
Tract: 9911. Block(s): 109, 110, 111, 119, 121, 122, 123, 124, 125, 126, 129, 130, 201, 202, 203, 204, 205, 206, 207, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 226, 229A, 230A, 230D, 230E, 235, 236, 237, 238
VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 508, 509, 510, 511, 512, 534, 535, 601A, 606A Tract: 9911. Block(s): 127, 208, 209, 227A, 227B, 228A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 313, 314A, 315A, 315B, 316A, 316B, 317A
VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9911. Block(s): 401A
VTD: 0025 OAK GROVE CHURCH 715 (Part) Tract: 9907. Block(s): 623 Tract: 9910. Block(s): 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 228, 233, 234, 235, 236, 237, 238, 322, 323, 324, 325
Commissioner District: 5
CARROLL COUNTY VTD: 0002 WHITESBURG 682 VTD: 0003 ROOPVILLE 713 VTD: 0011 LOWELL VTD: 0014 CLEM VTD: 0017 HULETT VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9911. Block(s): 503, 504, 505, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 VTD: 0025 OAK GROVE CHURCH 715 (Part) Tract: 9909. Block(s): 203
Tract: 9910.
Block(s): 326, 327, 328, 330, 331
Tract: 9911.
Block(s): 232, 233, 506, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517,
530, 531
Commissioner District: 6
CARROLL COUNTY VTD: 0007 KANSAS VTD: 0008 BOWDEN VTD: 0013 BURWELL VTD: 0016 TYUS VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 513A, 514A, 514B, 515A, 515B, 527A, 528, 529, 530, 531, 532, 533, 602, 603A VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905.
WEDNESDAY, MARCH 25, 1992
3579
Block(s): 513B, 514C, 515C, 516, 517, 518, 526, 527B, 601B, 603B, 604, 605, 606B, 607, 608, 609, 610, 611
Tract: 9911. Block(s): 311B, 317C, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Carroll County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Carroll County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Carroll County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 136, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 2036.
By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act relating to the board of education and school superintendent of the Carroll County School District, so as to reapportion the education districts of said school district.
The following Committee substitute was read and adopted:
A BILL
To amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as
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JOURNAL OF THE HOUSE,
amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4149), so as to reapportion the education districts of said school district; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4149), is amended by striking subsection (h) of Section 1 of said Act in its entirety and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) For purposes of the election of members of the board of education as provided in this section, the Carroll County School District is divided into six education districts as follows:
Education District: 1
CARROLL COUNTY VTD: 0018 VILLA RICA CITY VTD: 0019 VILLA RICA COUNTY
Education District: 2
CARROLL COUNTY VTD: 0001 TEMPLE 649 VTD: 0005 EMC 714B NORTH VTD: 0009 SANDHILL (Part) Tract: 9901. Block(s): 430, 431, 432, 434, 435, 436, 437, 438, 439, 443 Tract: 9906. Block(s): 101, 102, 132, 133, 134 Tract: 9907. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316 VTD: 0010 CENTERPOINT VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9905. Block(s): 131D, 131E VTD: 0021 LAKESHORE RECREATION CENTER 714A2 (Part) Tract: 9906. Block(s): 207D
Education District: 3
CARROLL COUNTY VTD: 0007 KANSAS (Part) Tract: 9903. Block(s): 310, 311, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 367, 368 Tract: 9904. Block(s): 101, 102, 103, 104, 105, 106, 111, 112, 113, 116, 117, 118, 119, 120, 121, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 150, 151, 152, 153, 154, 155, 156, 159 VTD: 0012 MOUNT ZION VTD: 0013 BURWELL VTD: 0015 BOWDEN JUNCTION VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905.
WEDNESDAY, MARCH 25, 1992
3581
Block(s): HID, 113B, 114, 115, 116, 119, 120, 121, 122, 123, 124B, 125, 127, 128C, 129B, 130B, 130C, 131F, 131G, 131H, 131J, 137C, 138, 139B, 139C, 139D, 205B, 402B, 513B, 514C, 515C, 516, 517, 518, 526, 527B, 601B, 603B, 604, 605, 606B, 607, 608, 609, 610, 611
Tract: 9911. Block(s): 401A
Education District: 4
CARROLL COUNTY VTD: 0003 ROOPVILLE 713 VTD: 0007 KANSAS (Part) Tract: 9904. Block(s): 107, 108, 109, 110, 114, 115, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 148, 149, 161, 162, 163, 164, 165, 166, 167 VTD: 0008 BOWDEN VTD: 0011 LOWELL (Part) Tract: 9909. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 148, 149, 150, 151, 152, 153, 154, 155, 156, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 178, 181, 182, 183, 184, 185, 188, 189, 190, 191, 192, 201, 202, 218, 219, 250, 251 VTD: 0016 TYUS
Education District: 5
CARROLL COUNTY VTD: 0002 WHITESBURG 682 (Part) Tract: 9908. Block(s): 204, 206A, 206B, 209, 210A, 210B, 211A, 211B, 213, 214, 215, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 254A, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264A, 264B, 265, 266, 267A, 267B, 268, 269, 270A, 270B, 271, 272, 273, 274, 275, 276, 277, 278, 279A, 282A, 283, 292, 293, 294, 295, 296, 297 VTD: 0006 CENTRAL HIGH 714 B SOUTH VTD: 0011 LOWELL (Part) Tract: 9908. Block(s): 285, 286, 287, 288, 289, 290, 291 Tract: 9909. Block(s): 101, 102, 103, 104, 105, 107, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 186, 187 Tract: 9910. Block(s): 329, 336, 337, 338 VTD: 0014 CLEM VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9911. Block(s): 311B, 317C, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 503, 504, 505, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 VTD: 0025 OAK GROVE CHURCH 715
Education District: 6
CARROLL COUNTY VTD: 0002 WHITESBURG 682 (Part)
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JOURNAL OF THE HOUSE,
Tract: 9908. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157A, 157B, 158, 159A, 159B, 160, 161, 162, 169, 176, 177, 178A, 178B, 179, 180A, 180B, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 190B, 191, 192, 193, 194, 195, 196, 197, 201, 202A, 202B, 203, 205, 207, 208, 212
VTD: 0004 ARMY RESERVE 714B EAST VTD: 0009 SANDHILL (Part)
Tract: 9901. Block(s): 440, 441, 442, 444, 445, 446, 447, 448, 449
Tract: 9907. Block(s): 116, 117, 118, 119, 120, 165, 166, 167, 168, 169, 181A, 183, 184, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223
VTD: 0017 HULETT
For purposes of this subsection: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Carroll County which is not included in any education district described in this subsection shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Carroll County which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Carroll County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 136, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
WEDNESDAY, MARCH 25, 1992
3583
HB 2064.
By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Berrien, so as to change the number of commissioners; to change the composition of the commissioner 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 136, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 2164. By Representative Greene of the 130th: A bill to create the Stewart County Solid Waste 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 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 2168. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to provide for the collection of additional costs in cases before the Magistrate Court of Walker County as law library 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 136, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 2173. By Representative Jackson of the 9th:
A bill to create the Dawson County Board of Commissioners 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 136, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 2175.
By Representative Ray of the 98th:
A bill to provide for compensation and expenses of the chairman and members of the Board of Education of Crawford 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 1.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 2176.
By Representative Ray of the 98th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to regulate or restrict, and provide for the regulation or restriction of, the depositing of sludge on public or private property in Crawford 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 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 2178.
By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,'" so as to change the provisions relating to audits.
The report 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 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 709. By Senators Ragan of the 32nd, Clay of the 37th and Newbill of the 56th:
A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to change the dates of expiration of the terms of office of board members.
The report 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 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 713. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, as amended, so as to provide that whenever the judges of the recorder's court require the services of an additional judge, they shall first request a senior judge to perform such services.
The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend SB 713 by striking the word "shall" on line 6 of page 1 and line 26 of page 1 and inserting in each place the word "may".
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 136, nays 1.
WEDNESDAY, MARCH 25, 1992
3585
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 2157.
By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to provide for homestead exemptions from City of Carrollton ad valorem taxes for educational purposes for certain residents of that school district.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Barnett.B 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 Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.D Y Davis.G
Davis.M Dixon.H Y Dixon.S YDobbs Y Dover Dunn Y Edwards Y Elliott Y Pelton Y Fennel Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J
Y Heard Henson
Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein
YLadd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson YLee YLong YLord Lucas YMann Martin
Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston Powell.A
Y Powell.C Y Presley Y Purcell Y Randall
YRay Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Simpson
Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley
Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y WalkerJ
Walker.L Y Wall 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 136, nays 1. The Bill, having received the requisite two-thirds constitutional majority, was passed.
HB 2165.
By Representative Breedlove of the 60th:
A bill to provide an exemption from City of Suwanee ad valorem taxes for the full value of homesteads of residents of the City of Suwanee who are 65 years of age or over or who are disabled.
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:
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JOURNAL OF THE HOUSE,
Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron
Barnett.B 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 Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn
Y Chafin Y Chambless
Cheeks Y Childers
Y Clark.E Y Clark.L
Y Coker Coleman
Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Davis.D Y Davis.G
Davis.M
Dixon.H Y Dixon.S Y Dobbs
Y Dover Dunn
Y Edwards
Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Y Heard Henson
Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson YLee
YLong YLord
Lucas YMann
Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt
Y Milam
Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston
Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M Thomas.N Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J
Walker.L Y Wall 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 136, nays 1. The Bill, having received the requisite two-thirds constitutional majority, was passed.
HB 2169.
By Representatives Alford of the 57th, Irwin of the 57th, Sherrill of the 47th, Baker of the 51st, McKinney of the 40th and others:
A bill to create the DeKalb Ad Valorem Tax Survey 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 Ashe Y Atkins
Y Baker Y Balkcom
Y Barfoot Bargeron Barnett.B 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 Y Buck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn
Y Chafin Y Chambless
Cheeks Y Childers Y Clark,E Y Clark.L
Y Coker Coleman
Y Colwell Y Connell Y Culbreth Y Cummings.B
Y Cummings.M
Davis.D Y Davis.G
Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Y Heard Henson
Y Herbert Y Holland
Holmes Y Howard Y Hudson
Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston
Y Klein
YLadd Y Lane.D
Lane,R Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas YMann
Martin Y McBee
Y McCoy Y McKelvey Y McKinney ,B
McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley
WEDNESDAY, MARCH 25, 1992
3587
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote
Y Perry
Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston
Powell.A Y Powell.C Y Presley
Y Purcell Y Randall YRay
Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Y Smith.T Smith,W
Y Smyre YSnow Y Stancil.F
Y Stancil.S Stanley
Y Streat Y Taylor
Y Teper Y Thomas.C
Thomas.M Thomas.N Thurmond Y Titus Y Tolbert Y Townsend
Y Turnquest
Y Twiggs
Valenti Y Vaughan Y Walker,J
Walker.L Y Wall 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 136, nays 1. The Bill, having received the requisite two-thirds constitutional majority, was passed.
SB 861. By Senator Broun of the 46th:
A bill to grant to residents of Clarke County and the Clarke County School District, upon their homesteads, an exemption of $10,000.00 from certain ad valorem taxes levied by the Unified Government of Athens-Clarke County, Georgia, and levied by, for, or on behalf of the Clarke County School District; to provide that the exemption will be phased in for certain residents.
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 Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron
Barnett.B
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 Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers
Y Clark,E Y Clark.L
Y Coker Coleman
Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.D Y Davis,G
Davis.M Dixon.H Y Dixon,S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene
Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J
Y Heard Henson
Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas YMann
Martin Y McBee Y McCoy Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote
Y Perry Y Pettit
Y Pinholster
Pinkston
YPoag
Porter
Y Poston Powell.A
Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman
Y Sherrill
Simpson Y Sinkfield
On the passage of the Bill, the ayes were 136, nays 1.
Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W
Y Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley
Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M
Thomas.N
Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y WalkerJ
Walker.L Y Wall Y Watson Y Watts
White Y Wilder
Williams.B Williams,J Y Williams.R Y Yeargin
Murphy.Spki
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JOURNAL OF THE HOUSE,
The Bill, having received the requisite two-thirds constitutional majority, was passed.
Representatives Patten of the 149th, Powell of the 13th, Henson of the 57th and Davis of the 45th stated that they had been called from the floor of the House during the preceding roll calls. They wished to be recorded as voting "aye" thereon.
HB 2109.
By Representatives Flynt of the 75th and Herbert of the 76th:
A bill to amend an Act creating the Board of Commissioners of Spalding County, so as to redesignate and describe the five single-member commission districts in Spalding County.
The following Committee substitute was read:
A BILL
To amend an Act creating the Board of Commissioners of Spalding County, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act, approved March 14, 1985 (Ga. L. 1985, p. 3615), so as to redesignate and describe the five singlemember commission districts in Spalding County; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Spalding County, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act, approved March 14, 1985 (Ga. L. 1985, p. 3615), is amended by striking subsection (c) of Section I of said Act in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Spalding County shall have five single-member commission districts, each of which shall be represented by one member of such board. The respective geographical areas and boundaries of each such district are designated and described as follows:
'DISTRICT ONE. Beginning in the City of Griffin at the junction of West Broadway Street with North 9th Street, and thence running east along Broadway Street and thence along Jackson Road to its junction with Hamil Road; thence running northerly along Hamil Road to its junction with East Mclntosh Road; thence running northeasterly along East Mclntosh Road to its junction with Smoak Road; thence running northerly along Smoak Road to the Norfolk-Southern Railroad; thence running southwesterly along the Norfolk-Southern Railroad line to North 2nd Street Extension; thence running northwesterly along North 2nd Street Extension to its junction with Jordan Hill Road; thence running west, and thence south, along Jordan Hill Road to its junction with Dobbins Mill Road; thence running westerly along Dobbins Mill Road to its intersection with Atlanta Road, also designated as State Highway Route 3; thence running southerly along Atlanta Road to its junction with Experiment Street; thence running southerly along Experiment Street to its junction with Thirteenth Street; thence northeasterly crossing the Central of Georgia Railroad to the Thirteenth Street intersection with West Quilley Street; thence easterly along West Quilley Street to its junction with North Twelfth Street; thence running southeasterly along West Quilley Street to its junction with North Ninth Street; thence southerly along North Ninth Street to its intersection with West Broadway; being the point of beginning.
DISTRICT TWO. Beginning in the City of Griffin at the junction of West Broadway Street with North Ninth Street, and thence running east along West Broadway Street; thence East Broadway Street to its junction with Searcy Avenue; thence south to its junction with High Falls Road; thence running easterly along High Falls Road to its junction with Eastbrook Avenue; thence westerly along Summit Street; thence along Rehobeth Road to its junction with Searcy Avenue; then northwesterly along Searcy Avenue and the city limits line; thence running westerly along the city limits line to its
WEDNESDAY, MARCH 25, 1992
3589
junction with Hamilton Boulevard; thence running southwesterly along Hamilton Boulevard to its junction with Sunnybrook Drive; thence running southerly on Sunnybrook Drive to its junction with Powell Avenue; thence running southwesterly along Powell Avenue to its junction with Bieze Street; thence running northwesterly along Bieze Street to its intersection with Kincaid Avenue; thence running southwesterly along Kincaid Avenue to its intersection with Springer Drive and its junction with Crescent Road; thence continuing southwesterly and westerly along Crescent Road to its intersection with South Hill Street, being also State Highway Route 3; thence southwesterly along South Hill Street to the city limits line; thence southwesterly along the Zebulon Road to its junction with Wesley Avenue; thence northerly along Wesley Avenue to its junction with Brashier Street; thence running westerly along Brashier Street to its junction with Everee Inn Road; thence running southerly along Everee Inn Road to its junction with Odell Road; thence running westerly on Odell Road to its intersection with the Griffin-Barnesville By-Pass, being also U.S. Highways 19 and 41; thence running northerly along the said Griffin-Barnesville By-Pass to its intersection with Meriwether
Street; thence running northeasterly along Meriwether Street; thence running northerly along the city limits line; thence westerly along the city limits line to its junction with
Boyds Row; thence northeasterly along Boyds Row to the intersection of Hammond Drive; thence running northerly on Hammond Drive to its crossing of West Taylor Street; thence running northerly along North Expressway to its intersection with
Lyndon Avenue; thence running easterly along Lyndon Avenue to its intersection with Experiment Street; thence running southeasterly along Experiment Street to its junction
with Thirteenth Street; thence northeasterly crossing the Central of Georgia Railroad to the Thirteenth Street intersection with West Quilley Street; thence easterly along West
Quilley Street to its junction with North Twelfth Street; thence running southeasterly along West Quilley Street to its junction with North Ninth Street; thence running southerly along North Ninth Street to its intersection with West Broadway, being the aforesaid beginning point.
DISTRICT THREE. Beginning at the intersection of The Arthur Bolton Parkway, being Georgia State Highway Route 721, in Spalding County with the Butts County
boundary line, and thence running from said beginning point westerly along The Arthur Bolton Parkway to its junction with High Falls Road; thence westerly along High Falls Road to its junction with Eastbrook Avenue; thence southerly along Eastbrook Avenue;
thence westerly along Summit Street; thence along Rehobeth Road to its junction with Searcy Avenue and the city limits line; thence westerly along the city limits line to its junction with Hamilton Boulevard; thence southwesterly along Hamilton Boulevard to
its junction with Sunnybrook Drive; thence southerly along Sunnybrook Drive to its junction with Powell Avenue; thence running southwesterly along Powell Avenue to its junction with Bieze Street; thence running northwesterly along Bieze Street to its inter-
section with Kincaid Avenue; thence southwesterly along Kincaid Avenue to its intersection with Springer Drive and its junction with Crescent Road; thence continuing
southwesterly along Crescent Road to its junction with Georgia State Highway Route 3 (South Hill Street); thence southerly along Georgia State Highway Route 3 (being South Hill Street, thence Zebulon Road) to its junction with Wesley Avenue; thence northerly
along Wesley Avenue to its junction with Brashier Street; thence westerly along Brashier Street to its junction with Everee Inn Road; thence southerly along Everee Inn Road
to its junction with Odell Road; thence westerly along Odell Road to its intersection with the Griffin-Barnesville By-Pass, being also U.S. Highways (Business Routes) 19 and 41, and also Georgia State Highway Route 7; thence northerly along said Griffin-
Barnesville By-Pass to its intersection with Williamson Road, being State Highway Route 362; thence southwesterly along the Williamson Road to its intersection with the
Pike County boundary line; thence easterly along the Pike County boundary line to the Lamar County boundary line; thence easterly along the Lamar County boundary line to the Butts County boundary line; thence northerly along the Butts County boundary line to its intersection with The Arthur Bolton Parkway, Georgia State Highway Route 721, the point of beginning.
DISTRICT FOUR. Beginning at the intersection of the Williamson Road, being Georgia State Highway Route 362, in Spalding County with the Pike County boundary line;
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thence northeasterly along the Williamson Road to its intersection with the GriffinBarnesville By-Pass, being U.S. Highways (Business Routes) 19 and 41, and being Georgia State Highway Route 7, to its intersection with Meriwether Street; thence northeasterly along Meriwether; thence running northerly along the city limits line; thence westerly to its junction with Boyds Row; thence northeasterly along Boyds Row to its intersection with Hammond Drive; thence northerly along Hammond Drive to its crossing of West Taylor Street, being Georgia State Highway Route 16, and its junction with the Griffin-Atlanta Expressway, being Georgia State Highway Route 3; thence northerly along North Expressway to its intersection with Lyndon Avenue; thence easterly along Lyndon Avenue to its intersection with Experiment Street; thence northwesterly along Experiment Street to its intersection with Atlanta Road, being the "Old Dixie Highway"; thence northeasterly along Atlanta Road to its intersection with Vineyard Road; thence westerly along Vineyard Road to its intersection with the Fayetteville Road, being Georgia State Highway Route 92; thence northwesterly along the Fayetteville Road to the Flint River, being the easterly boundary line of Fayette County; thence southwesterly, along the center line of Flint River, to the southerly boundary line of Fayette County; thence westerly along the southerly boundary line of Fayette County to Line Creek; thence southerly along the center line of Line Creek (being along the easterly boundary line of Coweta County) thence the easterly boundary line of Meriwether County to the Flint River and the northeasterly boundary line of Pike County; thence northeasterly along the northerly boundary line of Pike County to its intersection with the Williamson Road, being Georgia State Highway Route 362, the point of beginning.
DISTRICT FIVE. Beginning at the intersection of The Arthur Bolton Parkway, being Georgia State Highway Route 721, in Spalding County with the Butts County boundary line, and thence running from said beginning point westerly along The Arthur Bolton Parkway to its junction with High Falls Road; thence westerly on High Falls Road to its intersection with Searcy Avenue; thence northerly on Searcy Avenue to its intersection with Jackson Road, being Georgia State Highway Route 155; thence northeasterly along the Jackson Road; thence northeasterly along the Jackson Road, being Georgia State Highway Route 155, to its junction with Hamil Road; thence northerly on Hamil Road to its junction with East Mclntosh Road; thence northeasterly along Smoak Road to its junction with the Norfolk-Southern Railroad; thence southwesterly along the Norfolk-Southern Railroad to its intersection with North 2nd Street Extension; thence northwesterly along North 2nd Street Extension to its junction with Jordan Hill Road; thence westerly along Jordan Hill Road, and thence continuing southerly along Jordan Hill Road to its junction with Dobbins Mill Road; thence westerly along Dobbins Mill Road to its junction with Vineyard Road; thence westerly along Vineyard Road to its junction with Fayetteville Road, being Georgia State Highway Route 92; thence northwesterly on Fayetteville Road, and thence due west to the Flint River, being the Fayette County boundary line; thence northerly along the Fayette County boundary line to its junction with the southerly boundary line of Clayton County; thence easterly along the southerly boundary line of Clayton County, thence easterly along the southerly boundary line of Henry County to the Butts County boundary line; thence southwesterly along the Butts County boundary line of its intersection with The Arthur Bolton Parkway, the point of beginning.'"
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney for the County of Spalding to submit this Act to the United States Attorney General for approval. If, as of April 27, 1992, the first date upon which the candidates may begin qualifying for the 1992 general primary in the State of Georgia, implementation of this Act is not permissible upon the abovementioned federal Voting Rights Act of 1965, as amended, then, and in such event, this Act shall be null and void and shall stand repealed in its entirety. However, in the event the county attorney is able to obtain approval of this Act by the United States Attorney General on or before April 27, 1992, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
WEDNESDAY, MARCH 25, 1992
3591
Section 3. Upon this Act becoming effective, as hereinbefore provided, all laws, and parts of laws, in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Flynt of the 75th and Herbert of the 76th move to amend the Committee substitute to HB 2109 as follows:
On page 7 line 31 change "upon" to "under".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, equipment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices.
The Senate has agreed to the House substitute to the following Bills of the Senate:
SB 495. By Senator Ramsey of the 54th:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to provide for compensation for persons performing marriage ceremonies.
SB 677. By Senator Walker of the 22nd:
A bill to amend Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to requirements of individual policies of accident and sickness insurance, so as to provide that payments for certain services payable under individual policies of accident and sickness insurance shall be paid directly to the provider of such services subject to the written direction of insured; to provide for notice to providers when payment is made to the insured.
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JOURNAL OF THE HOUSE,
SB 793. By Senator Tysinger of the 41st:
A bill to amend Code Section 48-5-354 of the Official Code of Georgia Annotated, relating to exemption of certain salesmen and merchants from municipal taxes and license fees, so as to change the population figure designating the counties to which said Code section is applicable.
SB 820. By Senators Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 10. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a municipal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.
The President has appointed on the part of the Senate the following:
Senators Scott of the 36th, Tysinger of the 41st and Baldwin of the 29th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
HB 1261. 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 July 1, 1992 June 30, 1993.
The President has appointed on the part of the Senate the following:
Senators Garner of the 30th, Johnson of the 47th and Deal of the 49th.
The Senate has agreed to the House substitute to the following Bill of the Senate:
SB 763. By Senators Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act relating to the school system of the City of Savannah and Chatham County, as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.
The Senate has agreed to the House substitute to the following Resolutions of the Senate:
WEDNESDAY, MARCH 25, 1992
3593
SR 375. By Senator Starr of the 44th:
A resolution repealing certain resolution Acts which authorized the conveyance of certain parcels of state owned property, which authorized the lease of certain parcels of state owned real property, which authorized the granting of easements, irrevocable easements, or nonexclusive easements over, under, across, and through certain state owned real property for public purposes; to provide an effective date.
SR 381. By Senator Timmons of the llth:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, across, or through property owned by the State of Georgia in Stewart County, Georgia; to provide an effective date.
SR 486. By Senators Starr of the 44th and English of the 21st:
A resolution proposing an amendment to the Constitution so as to provide that the distribution of tractors, farm equipment, heavy equipment, and parts therefor in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare; to authorize the General Assembly to regulate tractor, farm equipment, and heavy equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia, in order to prevent frauds; to provide for the submission of this amendment for ratification or rejection.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 823. By Senators Pollard of the 24th and Albert of the 23rd:
A bill to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebtedness, for residents of Columbia County and the Columbia County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills 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 Annotated, relating to professional engineers and land surveyors, so as to change the definition of certain terms.
HB 1116.
By Representative McKinney of the 35th:
A bill to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to the administration of government generally, so as to provide that such power shall include the power to authorize any of the officers, agents, and employees of the municipal corporation to serve certain process, summons, notices, or orders.
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JOURNAL OF THE HOUSE,
HB 1219.
By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to provide for limitations for actions to recover damages against an accountant or an accounting partnership, professional association, or professional corporation relative to an alleged breach of contract or negligent performance of accounting services.
HB 1574.
By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physical therapists, so as to provide for the comprehensive revision of said chapter.
HB 1687.
By Representatives Stancil of the 66th, Teper of the 46th, Walker of the 113th, Jenkins of the 80th and Howard of the 85th:
A bill to amend Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to child support receivers, so as to require the collection of court costs and service fees.
HB 1769.
By Representatives Perry of the 5th, Barnett of the 10th, Greene of the 130th and Coker of the 21st:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for deductions from money credited to the account of an inmate to defray the costs paid by a municipality or county for certain medical treatment requested by an inmate or to repay the costs of destruction of public property by an inmate, medical treatment for injuries inflicted by an inmate upon himself or others, searching and apprehending an inmate who has escaped or attempted to escape.
HB 1843.
By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to amend an Act providing for the election of members to the Burke County board of education, so as to change the composition of the education districts.
HB 2075. By Representative Harris of the 84th:
A bill to provide for the method of filling vacancies in the membership of the Hospital Authority of McDuffie County.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:
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.
HB 2055. By Representatives Hanner of the 131st and Holland of the 136th:
A bill to amend an Act creating the board of commissioners of Lee County, so as to provide new commissioner districts.
WEDNESDAY, MARCH 25, 1992
3595
The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:
HR 966. By Representative Hudson of the 117th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of water and sanitary sewer lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Pulaski County.
The Senate has passed by the requisite constitutional majority the following Bills of the House:
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 Annotated, relating to parks and historic areas, so as to provide that the state does not claim title to human remains and burial objects discovered on state properties or defined as submerged cultural resources; to authorize the Department of Natural Resources to establish and maintain a cemetery for the purpose of reinterring certain human remains and burial objects.
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 Annotated, 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 attorneys emeritus.
HB 1170. By Representatives Barnett of the 10th and Powell of the 13th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that a sick, injured, or disabled inmate shall be responsible for reimbursing the state, county, or municipality for the costs of medical services furnished the inmate.
HB 1185.
By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Code Section 16-6-5 of the Official Code of Georgia Annotated, relating to enticing a child for indecent purposes, so as to change the provisions relating to penalties for a third, fourth, or subsequent offense.
HB 1187.
By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Article 5 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Controlled Substances Therapeutic Research Act," so as to change the provisions relating to enforcement and punishment of certain conduct.
HB 1200.
By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Chapter 13 of Title 2 of the Official Code of Georgia Annotated, relating to commercial feeds, so as to change certain definitions and provide definitions for additional terms; to change the provisions relating to publication of information as to sales, production, use, and analyses.
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JOURNAL OF THE HOUSE,
HB 1201.
By Representatives Reaves of the 147th, Buckner of the 72nd, Selman of the 32nd, Royal of the 144th and Branch of the 137th:
A bill to amend Code Section 4-11-3 of the Official Code of Georgia Annotated, relating to licenses for pet dealers and kennel, stable, and animal shelter operators, so as to change the provisions relating to the amount of license fees.
HB 1230. By Representatives Cummings of the 17th and Baker of the 51st:
A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and related matters under the Public School Employees Retirement System, so as to provide that members may become eligible for retirement benefits upon application under certain conditions.
HB 1256. By Representative Watson of the 114th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the definition of retail sale regarding the state sales and use tax; to exempt certain revenues generated from certain amusement machines from state sales and use taxation.
HB 1294. By Representatives Carrell of the 65th, Porter of the 119th, Mobley of the 64th, Dobbs of the 74th and Stancil of the 66th:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports, so as to provide for the offense of homicide by aircraft.
HB 1314.
By Representative Murphy of the 18th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices under the "Fair Business Practices Act of 1975," so as to prohibit certain deceptive publications of local telephone numbers by nonlocal providers of goods or services.
HB 1356.
By Representatives Oliver of the 53rd, Sinkfield of the 37th, Herbert of the 76th, Hamilton of the 124th, Baker of the 51st and others:
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 a statement of legislative purpose and intent; to authorize certain programs of care and activities before school, after school, and during vacation periods for school age children.
HB 1377. By Representatives Flynt of the 75th, Dover of the llth, Adams of the 79th, Buckner of the 72nd, Hammond of the 20th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the definition of a taxable nonresident; to provide for the allocation of income of a taxable nonresident; to change the definition of wages with respect to certain nonresidents.
HB 1378.
By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that any computerized index relating to a public record shall be printed for purposes of public inspection no less than every 20 days and that any correction made on such index shall be made a part of the printout and shall reflect the time and date that said index was corrected.
WEDNESDAY, MARCH 25, 1992
3597
HB 1391. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to purposes, powers, and duties of the Georgia Environmental Facilities Authority, so as to provide that certain funds of the authority can be used for solid waste loan purposes.
HB 1405. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide a tax amnesty program.
HB 1408. By Representative Jenkins of the 80th:
A bill to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and zoning by counties and municipalities, so as to provide for planning and zoning within the areas of inactive municipalities.
HB 1439. By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to substantially revise Chapter 9, "The Georgia Air Quality Act of 1978," so as to define certain terms.
HB 1613. By Representative Jenkins of the 80th:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications for and eligibility to hold the office of sheriff.
HB 1618. By Representative Smith of the 156th:
A bill to amend an Act providing for the holding of four terms each year of the Superior Court of Mclntosh County, so as to provide for two terms of court.
HB 1663. By Representatives Dixon of the 128th, Watson of the 114th, Pettit of the 19th, Kilgore of the 42nd and Groover of the 99th:
A bill to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to the generation and distribution of electricity generally, so as to substantially revise the provisions relating to safeguards against contact with high-voltage lines.
HB 1710. By Representatives Davis of the 45th, Cauthorn of the 20th, Oliver of the 53rd, Tolbert of the 58th, Lawson of the 9th and others:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in felony cases, so as to change the size of the jury panel in felony cases.
3598
JOURNAL OF THE HOUSE,
HB 1821.
By Representatives Pinkston of the 100th, Watts of the 41st, Groover of the 99th, Bostick of the 138th and Connell of the 87th:
A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments of executors and trustees, and Code Section 53-12-232 of the Official Code of Georgia Annotated, relating to fiduciary powers which may be incorporated by reference, so as to authorize executors and trustees to invest in the securities of or other interests in certain investment companies or investment trust.
HB 1873.
By Representatives Kilgore of the 42nd and Watson of the 114th:
A bill to amend Article 3 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to the special quick start training program, so as to change the provisions relating to the establishment of such program and the purposes thereof.
HB 1914.
By Representative Clark of the 13th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, so as to revise certain provisions relating to the powers and duties of the board; to revise provisions relating to registration, licenses, and inspections.
HB 1206.
By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the Tax Commissioner of Twiggs County, so as to change the provisions relative to the compensation and benefits of the tax commissioner.
HB 1207.
By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation and benefits of the sheriff.
HB 1208.
By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County, so as to change the provisions relative to the compensation and benefits of the judge of the probate court.
HB 1209.
By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, so as to change the provisions relating to the compensation and benefits of the clerk.
HB 1941.
By Representative Morsberger of the 62nd:
A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to lengthen the period of time for which the city may grant a franchise.
HB 2071. By Representative Smith of the 156th:
A bill to provide for a referendum in Mclntosh County relating to the retention of the Mclntosh County Industrial Development Authority.
WEDNESDAY, MARCH 25, 1992
3599
HB 1157. By Representatives Poston of the 2nd, McCoy of the 1st, Perry of the 5th, Snow of the 1st and Poag of the 3rd:
A bill to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.
HB 1158. By Representatives Poston of the 2nd, Perry of the 5th, Snow of the 1st, McCoy of the 1st and Poag of the 3rd:
A bill to amend an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.
HB 1725.
By Representatives Jamieson of the llth and Dover of the llth:
A bill to repeal an Act providing for the compensation of members of the board of county commissioners in each county having a population of not less than 8,335 and not more than 8,725 according to the United States decennial census of 1970 or any future such census.
HB 1891. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
A bill to amend Code Section 48-5-492 of the Official Code of Georgia Annotated, relating to issuance of mobile home location permits, so as to change the provisions relating to population brackets and the census relative to the time for obtaining a permit in certain counties.
HB 1892.
By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
A bill to amend Code Section 48-5-301 of the Official Code of Georgia Annotated, relating to time for presentation of returns by a tax receiver or tax commissioner, so as to change the provisions relating to population brackets and the census relative to presentation of tax returns in certain counties.
HB 1893.
By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to change the provisions relating to population brackets and the census relative to the time for making tax returns in certain counties.
HB 1894.
By Representatives McBee of the 68th, Thurmond of the 67th and Clark of the 13th:
A bill to amend Code Section 48-5-148 of the Official Code of Georgia Annotated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to population brackets and the census relative to interest on unpaid ad valorem taxes in certain counties.
3600
JOURNAL OF THE HOUSE,
HB 1895.
By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
A bill to amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, so as to change the provisions relating to population brackets and the census relative to taxation of mobile homes and the return thereof for taxation in certain counties.
HB 1896.
By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to applications for homestead exemptions, so as to change the provisions relating to population brackets and the census relative to applications for homestead exemptions in certain counties.
HB 1897. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change the provisions relating to population brackets and the census relative to the time for completion of revision and assessment of returns in certain counties.
HB 2000. By Representative Reaves of the 147th:
A bill to repeal an Act providing for the compensation of the county clerk in all counties in the state having a population of not less than 2,100 nor more than 2,300 according to the United States decennial census of 1980 or any future such census.
HB 2001. By Representative Reaves of the 147th:
A bill to repeal an Act fixing the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300.
HB 2027. By Representatives Cauthorn of the 20th, Vaughan of the 20th, Coker of the 21st, Atkins of the 21st, Aiken of the 21st and others:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health, so as to revise the population figures describing the counties in which the superintendent of the largest municipal school system in the county serves on the county board of health in an ex officio capacity.
HB 2044. By Representatives Hammond of the 20th, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st, Coker of the 21st and others:
A bill to amend Code Section 22-2-84 of the Official Code of Georgia Annotated, relating to entry of notice and award by the clerk in eminent domain cases and payments to assessors by the condemnor, so as to change the population figures describing counties in which the judge of the superior court shall fix costs to be paid to assessors by the condemning county.
WEDNESDAY, MARCH 25, 1992
3601
HB 2045.
By Representatives Hammond of the 20th, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st, Coker of the 21st and others:
A bill to amend Article 1 of Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures, so as to change the population figure describing those counties in which certain municipalities shall be subject to said article.
HB 2047.
By Representatives Jamieson of the llth and Dover of the llth:
A bill to repeal an Act providing that the board of commissioners of each county in this state having a population of not less than 23,000 nor more than 23,500 according to the United States decennial census of 1970 or any future such census shall hold its regular monthly meeting on the first Tuesday in each month at the county courthouse.
HB 2048.
By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to repeal certain provisions relating to the depositing and auditing of county funds in all counties with populations of not less than 23,000 and not more than 25,300 according to the United States decennial census of 1970 or any future such census.
HB 2054. By Representatives Cauthorn of the 20th, Coker of the 21st, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st and others:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the population figure describing counties in which the sheriff is authorized to deposit cash bonds and cash reserves of professional bondspersons in interest-bearing accounts.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House:
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.
HR 648. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A resolution urging the Board of Regents of the University System of Georgia to consider establishing educational instruction in gerontology at every unit of the University System of Georgia by the year 2000.
HR 732. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A resolution proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for solid waste recycling and other solid waste facilities or systems.
3602
JOURNAL OF THE HOUSE,
HR 772. By Representatives Streat of the 139th, Reaves of the 147th, Carter of the 146th, Selman of the 32nd, Walker of the 115th and others:
A resolution urging study of the feasibility of commercial production and farming of ostriches in this state.
HR 787. By Representative Hudson of the 117th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a sanitary sewer main in, on, over, under, upon, across, or through property owned by the State of Georgia in Wilcox County, Georgia.
HR 790. By Representatives Stancil of the 8th, Pinholster of the 8th, Selman of the 32nd and Coleman of the 118th:
A resolution designating the Reinhardt College Parkway.
HR 829. By Representative Thurmond of the 67th:
A resolution authorizing the grant 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 Clarke County, Georgia.
HR 838. By Representative Morsberger of the 62nd: A resolution designating March as Seabees Month in Georgia.
HR 839. By Representatives Twiggs of the 4th and Colwell of the 4th: A resolution designating the Riley C. Thurmond Bridge.
HR 841. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia.
HR 845. By Representatives Bargeron of the 108th and Godbee of the 110th:
A resolution commending Grady Mallard and designating the Grady Mallard Bridge.
HR 874. By Representatives Mann of the 6th, Poag of the 3rd and Griffin of the 6th:
A resolution recognizing Rear Admiral Mack C. Gaston, USN, and designating the Admiral Mack Gaston Parkway.
HR 875. By Representatives Mann of the 6th, Poag of the 3rd and Griffin of the 6th:
A resolution recognizing Lieutenant Colonel Thomas Vance Parrott, USAF, and designating the Colonel Tom Parrott Parkway.
HR 881. By Representatives Orr of the 9th, Floyd of the 135th, Walker of the 115th, Groover of the 99th, Holland of the 136th and others:
A resolution creating the Walter F. George Tribute Commission.
WEDNESDAY, MARCH 25, 1992
3603
HR 894. By Representatives Walker of the 115th, Townsend of the 24th, Lee of the 72nd, Martin of the 26th, Royal of the 144th and others:
A resolution creating the Joint Study Committee on Local Government Services.
HR 926. By Representative Parrish of the 109th:
A resolution paying tribute to Honorable Albert D. Clifton and designating the Albert D. Clifton Memorial Highway.
HR 939. By Representative Thurmond of the 67th: A resolution authorizing the conveyance of certain interests in state owned real property located in Clarke County, Georgia.
HR 976. By Representative Poag of the 3rd: A resolution designating the Martin Dooley Parkway.
HR 978. By Representatives Poag of the 3rd, Mann of the 6th and Griffin of the 6th: A resolution designating the Harry Leon Simpson Parkway.
HR 1017. By Representatives Royal of the 144th and Powell of the 145th: A resolution consenting to the annexation of certain state owned real property located in Colquitt County into the corporate limits of the City of Moultrie.
HR 997. By Representative Lane of the 27th: A resolution to amend the resolution approved April 12, 1991, which proposed an amendment to the Constitution which would 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 on such question in the particular political subdivision or subdivisions affected by the amendment, so as to clarify the meaning of said resolution.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
HB 1386.
By Representatives Patten of the 149th and Dobbs of the 74th:
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 and revise certain definitions; to provide for additional powers of the Board of Natural Resources.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
SR 418. By Senator Bowen of the 13th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of an access thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Colquitt County, Georgia; to provide an effective date.
3604
JOURNAL OP 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 ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 555. By Senators Dean of the 31st and Perry of the 7th:
A bill to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' drivers' licenses, so as to clarify the requirements for a veteran's license.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 773. By Senators Garner of the 30th, Tysinger of the 41st, Broun of the 46th and others:
A bill to amend Code Section 10-9-4 of the Official Code of Georgia Annotated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Congress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alcoholic beverages for consumption on the premises of the projects of or under the control of the authority; 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 87, nays 10.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Watson of the 114th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 773.
On the motion, the ayes were 90, nays 6.
The motion prevailed.
SB 728. By Senator Henson of the 55th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday at festivals held in municipalities in which the sale of alcoholic beverages is lawful; to define the term "festival"; to require compliance with certain other state and local requirements.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, so as to
WEDNESDAY, MARCH 25, 1992
3605
authorize the sale of alcoholic beverages on Sunday at festivals held in municipalities within certain counties; to define the term "festival"; to require compliance with certain other state and local requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, is amended by striking in its entirety Code Section 3-3-20, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, and inserting in lieu thereof a new Code Section 3-3-20 to read as follows:
"3-3-20. (a) Except as provided in subsection (d) of this Code section or except as specifically authorized by law, no person knowingly and intentionally shall sell or offer to sell alcoholic beverages on Sunday.
(b) (1) As used in this subsection, the term 'day' means that period of time beginning with the opening of the polls and ending with the closing of the polls.
(2) (A) Except as provided in subparagraph (B) of this paragraph, no person knowingly and intentionally shall sell or offer to sell alcoholic beverages on any election day. The prohibition of this subsection shall apply only within the territorial boundaries for which the election is held but such territorial boundaries shall not include any property owned or operated by a county, municipality, or other political subdivision of this state for airport purposes if no person resides on such publicly owned or operated property.
(B) The local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, resolution, or referendum, authorize the sale of alcoholic beverages on any election days. (3) (A) Notwithstanding any other provisions of this subsection, it shall be unlawful for any person to sell alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days.
(B) Any person violating the provisions of this paragraph shall be guilty of a misdemeanor. (c) The governing authority of any county or municipality may, by ordinance or resolution, prohibit the sale of alcoholic beverages on Christmas Day. (d) (1) In all municipalities within any county having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census in which the sale of alcoholic beverages is lawful, alcoholic beverages may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight at festivals. As used in this paragraph, the term 'festival' means a specific outdoor public celebration or gathering for which a license or permit has been issued by the appropriate governing authority which involves the use either of public parks or public streets and which includes entertainment, dancing, music, dramatic productions, art exhibition, parades, or the sale of merchandise, food or alcohol, or any combination of the foregoing; and which of necessity requires for its successful execution the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary everyday circumstances. The definition of 'festival,' as used in this paragraph, does not include events which are solely parades, foot races, or political demonstrations unless such parade, foot race, or political demonstration is proposed as an integral part of a larger 'festival,' as defined in this paragraph. (2) Notwithstanding the provisions of this subsection, all persons and entities selling alcoholic beverages pursuant to this subsection shall fully comply with all other applicable state and local license and permit requirements."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
3606
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 N Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker N Balkcom Y Barfoot
Bargeron Y Barnett.B N Barnett.M Y Bates N Beatty N Benefield
Birdsong N Blitch
Bordeaux Y Bostick N Branch Y Breedlove Y Brooks Y Brown N Brush YBuck Y Buckner
Byrd Y Campbell Y Canty Y Carrell N Carter
Cauthorn N Chafm
Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark,L Y Coker Y Coleman
Colwell Y Connell
Y Culbreth Y Cummings.B
Cummings,M N Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon,S Y Dobbs N Dover
Dunn Edwards N Elliott Y Felton Fennel Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden
Good win E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond
Manner N Harris.B Y Harris,J
N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard N Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore YKing N Kingston Y Klein YLadd
Lane.D
Y Lane,R Langford
Y Lawrence
Y Lawson NLee N Long
Lord Lucas NMann Y Martin Y McBee Y McCoy N McKelvey McKinney,B McKinney.C N Meadows Y Merritt N Milam
E Mills Y Mobley
N Moody Morsberger
N Moultrie N Mueller
N Oliver.C Y 01iver,M
Orr YOrrock
Y Padgett Y Parham Y Parrish Y Patten
Pelote N Perry
Y Pettit Y Pinholster
Pinkston NPoag Y Porter Y Postal Y Powell,A Y Powell.C N Presley Y Purcell Y Randall
YRay Reaves Redding
Y Ricketson N Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper N Smith.L Y Smith.P N Smith.T
Smith.W Y Smyre YSnow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus N Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall
Y Watson Y Watts
White Y Wilder N Williams.B
Williams,J N Williams,R N Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 106, nays 41.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Cauthorn of the 20th, Fennel of the 155th and Orr of the 9th 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 484. By Senators Newbill of the 56th and Clay of the 37th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto; to repeal conflicting laws; and for other purposes.
WEDNESDAY, MARCH 25, 1992
3607
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
"(a) (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in paragraph (4) of this subsection or subsection (e.l) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented; (B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented; (C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria; (D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics; (E) The effectiveness of annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes; (F) The accuracy of student count procedures; (G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations; (H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and (I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units. (2) Such comprehensive evaluations shall be conducted by certificated professional employees from other local units of administration, faculty members of colleges and universities, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations by the Department of Education. (3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. (4) Any school or school system that is accredited through an accrediting agency approved by the State Board of Education or by the Southern Association of Colleges and Schools or by any other regional accrediting agency approved by the State Board
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JOURNAL OF THE HOUSE,
of Education shall be exempt from the comprehensive evaluation required by paragraph (1) of this subsection. All such accreditation reports shall be kept on file with the Department of Education in lieu of the comprehensive evaluation, including any follow-up reports. Any such school or school system that is in a probationary status shall file all corrective plans, designed in conjunction with the accrediting agency, with the Department of Education. Any school or school system that shall lose accreditation will be subject to the comprehensive evaluation specified in paragraph (1) of this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot
Bargeron
Barnett.B Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis.D Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton
Fennel Floyd,J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden
Goodwin
E 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 Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence
Lawson YLee YLong
Lord
Lucas YMann
Martin McBee 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 Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley 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
Walker.L Y Wall 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 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Cauthorn of the 20th and Fennel of the 155th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
WEDNESDAY, MARCH 25, 1992
3609
HB 2075.
By Representative Harris of the 84th:
A bill to provide for the method of filling vacancies in the membership of the Hospital Authority of McDuffie County.
The following Senate substitute was read:
A BILL
To provide for the method of filling vacancies in the membership of the Hospital Authority of McDuffie County; to provide for selection criteria; to provide for terms of office; to provide for limitations; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Appointments to fill vacancies on the board of the Hospital Authority of McDuffie County for either an unexpired or full term shall be made in the following manner:
(1) The governing body of the area of operation shall submit a list of three eligible persons to the board of the hospital authority.
(2) The board at its next regular meeting shall either select one of the three persons named in such list or decline to select any of the persons named in the list. If the board declines to select any of the persons named on the list, it shall so notify the governing body.
(3) Upon receipt of notification that the board has declined to select any of the persons named in the governing body's list, the governing body shall submit a second list of three eligible persons, no one of whom was named on the first list, to the board of the hospital authority. The board at its next regular meeting after receipt of the second list shall select one of the three persons named in the second list.
(4) The board shall be composed so as to include a representative cross section of the residents of McDuffie County and shall include one member who shall be the chief of medical staff of the McDuffie County Hospital and other members who have experience in the areas of finance and business management.
Section 2. Members of the board of the hospital authority shall be appointed for terms of office of four years and until their successors are appointed and qualified. Commencing with terms of office beginning on or after the effective date of this Act, no members shall succeed themselves more than once until after the expiration of four years from the conclusion of their second term of office.
Section 3. This Act is enacted pursuant to the authority of subsection (c) of Code Section 31-7-72 of the O.C.G.A.
Section 4. 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 substitute to HB 2075.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
Representative Parham of the 105th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
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JOURNAL OF THE HOUSE,
Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 505 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 105th
Chairman
The Speaker Pro Tern assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 415. By Senators Johnson of the 47th, Deal of the 49th, Baldwin of the 29th and others:
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 immunity of the state from any action nor shall the exercise of authority provided in such article constitute the provision of liability insurance protection.
The following Committee substitute was read:
A BILL
To amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to the waiver of sovereign immunity as to actions ex contractu, so as to provide for editorial revision and redesignation of such provisions; to provide a short title; to provide for the expression of legislative intent and purpose; to provide definitions; to provide a limited waiver of sovereign immunity; to provide exceptions and limitations; to provide a remedy for torts committed by state officers and employees; to provide immunity for state officers and employees; to provide for litigation; to provide for parties in litigation; to provide for ante litem notice of claim; to provide procedures and time limits for processing such ante litem notice and claims; to provide a statute of limitations; to provide for venue; to provide for the mode of trials; to provide limitations on the amounts and types of damages and interest recoverable; to provide for pleadings; to provide for signing pleadings; to provide for sanctions; to provide for a program of liability insurance or self-insurance; to provide for creation of a State Tort Claims Trust Fund; to provide for the possible merger of preexisting funds; to provide a limitation on fiscal year aggregate liability; to preclude execution or levy against state funds or property; to provide for settlement of claims; 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 21 of Title 50 of the Official Code of Georgia Annotated, relating to the waiver of sovereign immunity as to actions ex contractu, is amended by designating the material contained in the existing chapter as Article 1 and by inserting at the end thereof a new Article 2 to read as follows:
"ARTICLE 2
50-21-20. This article shall be known and may be cited as 'The Georgia Tort Claims Act.'
50-21-21. (a) The General Assembly recognizes the inherently unfair and inequitable results which occur in the strict application of the traditional doctrine of sovereign
WEDNESDAY, MARCH 25, 1992
3611
immunity. On the other hand, the General Assembly recognizes that, while private entrepreneurs voluntarily choose the ambit of their activity and can thereby exert some control over their exposure to liability, state government does not have the same flexibility. In acting for the public good and in responding to public need, state government must provide a broad range of services and perform a broad range of functions throughout the entire state, regardless of how much exposure to liability may be involved. The exposure of the state treasury to tort liability must therefore be limited. State government should not have the duty to do everything that might be done. Consequently, it is declared to be the public policy of this state that the state shall only be liable in tort actions within the limitations of this article and in accordance with the fair and uniform principles established in this article.
(b) The General Assembly also recognizes that the proper functioning of state government requires that state officers and employees be free to act and to make decisions, in good faith, without fear of thereby exposing themselves to lawsuits and without fear
of the loss of their personal assets. Consequently, it is declared to be the public policy of this state that state officers and employees shall not be subject to lawsuit or liability
arising from the performance or nonperformance of their official duties or functions. (c) All of the provisions of this article should be construed with a view to carry out
this expression of the intent of the General Assembly. 50-21-22. As used in this article, the term:
(1) 'Claim' means any demand against the State of Georgia for money only on account of loss caused by the tort of any state officer or employee committed while
acting within the scope of his or her official duties or employment. (2) 'Discretionary function or duty' means a function or duty requiring a state offi-
cer or employee to exercise his or her policy judgment in choosing among alternate
courses of action based upon a consideration of social, political, or economic factors. (3) 'Loss' means personal injury; disease; death; damage to tangible property,
including lost wages and economic loss to the person who suffered the injury, disease,
or death; pain and suffering; mental anguish; and any other element of actual damages recoverable in actions for negligence.
(4) 'Person' means a natural person, corporation, firm, partnership, association, or other such entity.
(5) 'State' means the State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions, but does not include counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities.
(6) 'State government entity' means a state office, agency, authority, department, commission, board, division, instrumentality, or institution.
(7) 'State officer or employee' means any officer, employee, or agent of the state, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of the state in any official capacity, whether with or without
compensation, but the term does not include an independent contractor doing business with the state.
50-21-23. (a) The state waives its sovereign immunity for the torts of state officers and employees while acting within the scope of their official duties or employment and shall be liable for such torts in the same manner as a private individual or entity would
be liable under like circumstances; provided, however, that the state's sovereign immunity is waived subject to all exceptions and limitations set forth in this article. The state shall have no liability for losses resulting from conduct on the part of state officers or
employees which was not within the scope of their official duties or employment. (b) The state waives its sovereign immunity only to the extent and in the manner
provided in this article and only with respect to actions brought in the courts of the State of Georgia. The state does not waive any immunity with respect to actions brought in the courts of the United States.
50-21-24. The state shall have no liability for losses resulting from: (1) An act or omission by a state officer or employee exercising due care in the
execution of a statute, regulation, rule, or ordinance, whether or not such statute, regulation, rule, or ordinance is valid;
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JOURNAL OF THE HOUSE,
(2) The exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a state officer or employee, whether or not the discretion involved is abused;
(3) The assessment or collection of any tax or the detention of any goods or merchandise by any law enforcement officer;
(4) Legislative, judicial, quasi-judicial, or prosecutorial action or inaction; (5) Administrative action or inaction of a legislative, quasi-legislative, judicial, or quasi-judicial nature; (6) Civil disturbance, riot, insurrection, or rebellion or the failure to provide, or the method of providing, law enforcement, police, or fire protection; (7) Assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, or interference with contractual rights; (8) Inspection powers or functions, including failure to make an inspection or making an inadequate or negligent inspection of any property other than property owned by the state to determine whether the property complies with or violates any law, regulation, code, or ordinance or contains a hazard to health or safety; (9) Licensing powers or functions, including, but not limited to, the issuance, denial, suspension, or revocation of or the failure or refusal to issue, deny, suspend, or revoke any permit, license, certificate, approval, order, or similar authorization; (10) The plan or design for construction of or improvement to highways, roads, streets, bridges, or other public works where such plan or design is prepared in sub-
stantial compliance with generally accepted engineering or design standards in effect at the time of preparation of the plan or design;
(11) Financing regulatory activities, including, but not limited to, examinations,
inspections, audits, or other financial oversight activities; or (12) Activities of the Georgia National Guard when engaged in state or federal
training or duty, but this exception does not apply to vehicular accidents. 50-21-25. (a) This article constitutes the exclusive remedy for any tort committed by a state officer or employee. A state officer or employee who commits a tort while act-
ing within the scope of his or her official duties or employment is not subject to lawsuit or liability therefor. However, nothing in this article shall be construed to give a state
officer or employee immunity from suit and liability if it is proved that the officer's or employee's conduct was not within the scope of his or her official duties or employment.
(b) A person bringing an action against the state under the provisions of this article
must name as a party defendant only the state government entity for which the state officer or employee was acting and shall not name the state officer or employee individually. In the event that the state officer or employee is individually named for an act or
omission for which the state is liable under this article, the state government entity for which the state officer or employee was acting must be substituted as the party defendant.
(c) A settlement or judgment in an action or a settlement of a claim under this article constitutes a complete bar to any further action by the claimant against a state offi-
cer or employee or the state by reason of the same occurrence. 50-21-26. (a) No person, firm, or corporation having a tort claim against the state
under this article shall bring any action against the state upon such claim without first
giving notice of the claim as follows: (1) Notice of a claim shall be given in writing within 12 months of the date the
loss was discovered or should have been discovered; provided, however, for tort claims
and causes of action which accrued between January 1, 1991, and the effective date of this article, notice of claim shall be given in writing within 12 months after the
effective date of this article; (2) Notice of a claim shall be given in writing and shall be mailed by certified
mail, return receipt requested, or delivered personally to and a receipt obtained from the Risk Management Division of the Department of Administrative Services. In addition, a copy shall be delivered personally to or mailed by first-class mail to the state
government entity, the act or omissions of which are asserted as the basis of the claim. Each state government entity may designate an office or officer within that state gov-
ernment entity to whom a notice of claim is to be delivered or mailed;
WEDNESDAY, MARCH 25, 1992
3613
(3) No action against the state under this article shall be commenced and the courts shall have no jurisdiction thereof unless and until a written notice of claim has been timely presented to the state as provided in this subsection;
(4) Any complaint filed pursuant to this article must have a copy of the notice of claim presented to the Department of Administrative Services together with the certified mail receipt or receipt for other delivery attached as exhibits. If failure to attach such exhibits to the complaint is not cured within 30 days after the state raises such issue by motion, then the complaint shall be dismissed without prejudice; and
(5) A notice of claim under this Code section shall state, to the extent of the claimant's knowledge and belief and as may be practicable under the circumstances, the following:
(A) The name of the state government entity, the acts or omissions of which are asserted as the basis of the claim;
(B) The time of the transaction or occurrence out of which the loss arose; (C) The place of the transaction or occurrence;
(D) The nature of the loss suffered; (E) The amount of the loss claimed; and
(F) The acts or omissions which caused the loss. (b) No action may be commenced under this article following presentation of a notice of claim until either the Department of Administrative Services has denied the claim or more than 90 days have elapsed after the presentation of the notice of claim without action by the Department of Administrative Services, whichever occurs first. 50-21-27. (a) It is the specific intent of the General Assembly that this article shall
operate retroactively so as to apply to tort claims or causes of action which accrued on or after January 1, 1991. A tort claim or cause of action shall be deemed to have accrued on the date the loss was or should have been discovered. This article shall not apply
to tort claims or causes of action which accrued prior to January 1, 1991. (b) For tort claims and causes of action which accrued between January 1, 1991, and
the effective date of this article, any tort action brought pursuant to this article is forever barred unless it is commenced within two years after the effective date of this article.
(c) For tort claims and causes of action which accrue on or after the effective date of this article, any tort action brought pursuant to this article is forever barred unless it is commenced within two years after the date the loss was or should have been discovered.
(d) Statutes of ultimate repose and abrogation, as provided for elsewhere in this Code, shall apply to claims and actions brought pursuant to this article.
(e) All provisions relating to the tolling of limitations of actions, as provided elsewhere in this Code, shall apply to causes of action brought pursuant to this article.
50-21-28. All tort actions against the state under this article shall be brought in the state or superior court of the county wherein the loss occurred; provided, however, that, in any case in which an officer or employee of the state may be included as a defendant
in his individual capacity, the action may be brought in the county of residence of such officer or employee.
50-21-29. (a) Trial of tort actions against the state under this article shall be con-
ducted by a judge with a jury; provided, however, the parties may agree that the same be tried by a judge without a jury.
(b) In any action or claim for damages brought under the provisions of this article, no person shall recover a sum exceeding $1 million because of loss arising from a single occurrence, regardless of the number of state government entities involved; and the state's aggregate liability per occurrence shall not exceed $3 million. The existence of
these caps on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article.
50-21-30. No award for damages under this article shall include punitive or exem-
plary damages or interest prior to judgment. 50-21-31. In all cases where judgment is obtained under this article, the judgment
shall bear interest from the date judgment is entered at the rate of 7 percent per annum.
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JOURNAL OF THE HOUSE,
50-21-32. In any claim, action, or proceeding brought under this article, the signature of an attorney or party constitutes a certificate by him or her that he or she has read the pleading, motion, or other paper; that to the best of his or her knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including reasonable attorneys' fees.
50-21-33. (a) The Department of Administrative Services shall formulate and initiate a sound program providing for liability insurance, self-insurance, or a combination of both to provide for payment of judgments and claims against the state under this article.
(b) The commissioner of administrative services shall have the authority to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the state against liabilities arising under this article. In addition or alternatively, the commissioner of administrative services may retain all moneys paid to the Department of Administrative Services by state government entities as premiums for insurance or indemnity against liabilities arising under this article, and all money specifically appropriated to the Department of Administrative Services for the payment of liabilities under this article, all moneys received as interest, and all funds received from other sources to set up and maintain a reserve fund for the payment of judgments and claims against the state under this article and for payment of the expenses necessary to properly administer a self-insurance program. The commissioner of administrative services shall invest any such moneys in the same manner as other moneys in his or her possession. State agencies which provide services or incur expenses in connection with any claim covered by this article may receive payment from the fund for such services and expenses.
(c) Any reserve fund created under this Code section shall be designated the State Tort Claims Trust Fund.
(d) The Department of Administrative Services shall establish and charge to state government entities such premiums and other payments, taking into account any direct appropriations as shall be necessary to maintain the soundness of the insurance or selfinsurance programs established under this Code section. The premiums charged to each state government entity may be established on such basis as the Department of Administrative Services shall deem appropriate and such basis may include the number of employees, the aggregate annual budget of the state government entity, and unique exposures, loss history, or claims pending against such state government entity.
(e) Each state government entity shall promptly remit from appropriations or other funds available to it the premium thus established.
(f) Where existing programs have previously been established by the Department of Administrative Services for the insurance or self-insurance of the state, state government entities, or state officers or employees, the commissioner of administrative services shall be authorized to merge all or part of those programs, including all or part of any self-insurance funds established thereunder, into the State Tort Claims Trust Fund. This shall include, but not be limited to, any funds established by Code Sections 45-9-4 and 50-5-16. In so doing, the Department of Administrative Services shall be authorized, through the State Tort Claims Trust Fund, to assume or not assume all or part of existing and potential liabilities of the prior established programs and funds.
(g) As to state government entities for which additional particular coverages are necessary, the Department of Administrative Services may provide such additional particular coverages and other terms and conditions of unique exposure particular to one or
WEDNESDAY, MARCH 25, 1992
3615
more state government entities; may provide for endorsements for contract liability; and, where necessary to the public purposes of the state government entity, may also provide for additional insureds.
(h) Nothing in this Code section or in this article shall impose or create any obligation upon other funds of the state.
(i) Funds appropriated to the Department of Administrative Services for the State Tort Claims Trust Fund shall be deemed contractually obligated funds held in trust, subject to future legislative change or revision, for the benefit of persons having claims, known or unknown, or judgments payable from the funds and shall not lapse.
50-21-34. (a) No claim or judgment against the state under this article shall be payable except from the State Tort Claims Trust Fund or from any policies of insurance or contracts of indemnity provided under this article.
(b) Nothing in this article shall be construed to authorize any execution or levy against any state property or funds. Execution or levy against state property or funds is expressly prohibited.
(c) Judgments against the state under this article shall be promptly paid by the commissioner of administrative services within 60 days after the same become final if funds are available from the State Tort Claims Trust Fund or from other policies of insurance or contracts of indemnity established under this article.
(d) The fiscal year aggregate liability of the state under this article shall never exceed the amount of funds available from the State Tort Claims Trust Fund and any other policies of insurance or contracts of indemnity established under this article. For purposes of this Code section, the term 'funds available from the State Tort Claims Trust Fund' means the cash balance in the fund less the department's operating expense allocation to the fund for the year. Any judgments obtained in excess of this limitation on annual aggregate liability will not be void. However, such excess judgments shall not be payable unless and until the General Assembly appropriates funds for the payment thereof.
50-21-35. In all civil actions brought against the state under this article, to perfect service of process the plaintiff must both: (1) cause process to be served upon the chief executive officer of the state government entity involved at his or her usual office address; and (2) cause process to be served upon the director of the Risk Management Division of the Department of Administrative Services at his or her usual office address. The time for the state to file an answer shall not begin to run until process has been served upon all required persons. A copy of the complaint, showing the date of filing, shall also be mailed to the Attorney General at his or her usual office address, by certified mail, return receipt requested and there shall be attached to the complaint a certificate that this requirement has been met.
50-21-36. The commissioner of the Department of Administrative Services, or his or her delegate, shall have the authority, within the limits provided in this article, to make settlement of claims, causes of action, and actions under this article."
Section 2. This Act shall become effective July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Groover of the 99th moves to amend the Committee substitute to SB 415 as follows:
Page 10 at the end of line 9 a new sentence to read as follows:
All actions against the state for losses sustained in any other state shall be brought in the county of residence of any officer or employee residing in this state upon whose actions or omissions the claim against the state is based.
The following amendment was read:
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JOURNAL OF THE HOUSE,
Representatives Klein of the 21st and Irwin of the 57th move to amend the Committee substitute to SB 415 as follows:
P. 5: Delete lines 25 through 28.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Abernathy N Adams Y Aiken
Alford N Ashe Y Atkins N Baker N Balkcom
N Barfoot N Bargeron N Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux N Bostick N Branch N Breedlove Y Brooks
Brown Brush NBuck Y Buckner NByrd Campbell Y Canty N Carrell N Carter N Cauthorn Y Chafin
N Charabless N Cheeks N Childers
Y Clark.E
N Clark.L N Coker N Coleman N Colwell
Connell N Culbreth
Cummings,B
Y Cummings.M Y Davis.D Y Davis.G Y Davis.M N Dixon.H
Dixon,S N Dobbs Y Dover
Dunn N Edwards Y Elliott
Felton Y Fennel
Floyd,J.M N Floyd,J.W N Flynt N Godbee N Golden Y Goodwin
E Green Y Greene N Griffin N Groover
Hamilton N Hammond
N Manner N Harris.B N Harris.J
Y Heard N Henson N Herbert Y Holland Y Holmes Y Howard N Hudson Y Irwin N Jackson
Jamieson Y Jenkins Y Jones N Kilgore
King Y Kingston Y Klein YLadd N Lane.D N Lane,R
Langford Y Lawrence Y Lawson
YLee N Long NLord N Lucas YMann N Martin
N McBee McCoy
N McKelvey N McKinney.B N McKinney.C Y Meadows Y Merritt
N Milam
E Mills
N Mobley N Moody Y Morsberger
N Moultrie Y Mueller N 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 N Porter Y Poston N Powell.A Y Powell.C Y Presley N Purcell
Randall
NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson Y Sinkfield
N Skipper Smith.L
N Smith,? N Smith.T Y Smith.W Y Smyre N Snow
Stancil.F Y Stancil.8 Y Stanley
Streat N Taylor
Y Teper N Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus N Tolbert N Townsend Y Turnquest N Twiggs Y Valenti
Y Vaughan N Walker.J
Walker.L N Wall 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 61, nays 89. The amendment was lost.
The Committee substitute, as amended, was adopted.
Representative Hamilton of the 124th 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 report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Ashe
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong N Blitch
Bordeaux Y Bostick Y Branch
Y Breedlove N Brooks Y Brown Y Brush YBuck
WEDNESDAY, MARCH 25, 1992
3617
Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings,B Y Cummings,M Y Davis.D Y 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 Floyd.J.M
Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris.B
Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston
Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas YMann Y Martin Y McBee
McCoy Y McKelvey
McKinney,B McKinney.C N Meadows N Merritt Y Milam E Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish N Patten
N Pelote N Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Poston Y PowelLA Y Powell.C
Y Presley 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 Streat Y Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Valenti Y Vaughan Y Walker.J Y Walker ,L Y Wall Y Watson Y Watts White Y 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 147, naya 11.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Bordeaux of the 122nd asked to be excused from voting on SB 415 pursuant to Rule 134.
Representatives Hamilton of the 124th, Cummings of the 17th and Poston of the 2nd 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 731. By Senator Turner of the 8th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Financing Authority Act," so as to change certain provisions relating to definitions; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Adams
Y Aiken Alford
Y Ashe Y 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 Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd,J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene
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JOURNAL OF THE HOUSE,
Y Griffin
Y Groover Hamilton
Y Hammond Hanner
Y Harris.B Y Harris.J Y Heard
Henson Y Herbert Y Holland Y Holmes Y Howard
Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein
Y Ladd
Y Lane.D Y Lane.R
Y Langford Y Lawrence
Y Lawson Y Lee
Long Y Lord
Lucas Y Mann Y Martin Y McBee
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam E Mills Y Mobley Y Moody
Y Morsberger
Y Moultrie Y Mueller
Y Oliver.C Oliver.M
Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Y Randall
Y 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 Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper
Y Thomas.C
Y Thomas.M Y Thomas.N
Y Thurmond Y Titus
Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J Y Walker.L
Y Wall 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 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representatives Fennel of the 155th, Hamilton of the 124th, Henson of the 57th and Poston of the 2nd 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 791. By Senators Garner of the 30th and Edge of the 28th:
A bill to amend Code Section 45-13-22 of the Official Code of Georgia Annotated, relating to distribution by the Secretary of State of the Georgia Laws and the Senate and House Journals, so as to change provisions relating to fixing of prices for sales of the Georgia Laws and the Senate and House Journals; to provide for the method of determination of such prices; to provide for deposit of receipts into the general fund of the state treasury; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett, 1? YBarnett.W Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch
Y Bordeaux Bostick
Y Branch Y Breedlove
Y Brooks
Y Brown Y Brush Y Buck Y Buckner
Byrd Y Campbell Y Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks
Y Childers Y Clark.E Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings.B
Y Cummings TM Y Davis.D 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
Godbee
Y Golden Y Goodwin
E Green Y Greene
Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard
Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
Y King Y Kingston
Y Klein
Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long
Lord Lucas Y Mann Y Martin Y McBee
Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Merritt
Milam E Mills
Y Mobley
WEDNESDAY, MARCH 25, 1992
3619
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
Poag Y Porter
Poston Powell.A Y Powell.C Y Presley
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 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 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 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representatives Powell of the 13th and Poston of the 2nd 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 811. By Senators Starr of the 44th and Garner of the 30th:
A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change certain provisions relating to the duty of county boards of health to provide certain community services and the duties of district health departments with respect to mentally retarded individuals; to change certain provisions relating to the duty of the Department of Human Resources to provide certain assistance to county boards of health.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health and mental retardation services generally, so as to create the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; to provide for legislative intent; to provide for the composition of the commission and the commission's powers and duties; to provide for compensation of the members of the commission; to provide for officers of the commission; to provide for a quorum for the transaction of business; to provide for a final report; to provide an effective date; to provide for automatic repeal on a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health and mental retardation services generally, is amended by designating Code Sections 37-2-1 through 37-2-12 as Article 1 of said chapter and adding a new Article 2 to read as follows:
"ARTICLE 2
37-2-30. (a) The General Assembly finds and declares that the quality of services provided to citizens with mental illness, mental retardation, and substance abuse is vitally important to the citizens of Georgia. Mental illness, mental retardation, and substance abuse knows no social or economic barriers. Over 145,000 people are served in the publicly funded services system. The current public service system is composed of state operated hospitals, county board of health operated community programs contracted
3620
JOURNAL OF THE HOUSE,
with the Department of Human Resources, and community programs operated by private, nonprofit agencies which contract with the Department of Human Resources. This system of service delivery has demonstrated shortcomings and lack of continuity of care over a 20 year history reflective of a nation-wide problem. It has become evident that this system offers inconsistent, inequitable response to the needs of citizens of Georgia.
(b) Expanded community planning, improved continuity of care, a balance between public and private community based organizations, and a single point of accountability could lead to a more effective system. Numerous studies have pointed to the need for improved service delivery. The creation of a state commission would ensure that these recommendations and needed improvements could be realized as quickly as possible.
37-2-31. There is created a State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery which shall be responsible for developing a comprehensive plan for an improved service delivery system for the treatment and habilitation of people with mental illness, mental retardation, and substance abuse problems. This plan should include the design and implementation plan strategies for a state-wide publicly funded service system.
37-2-32. (a) The State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery shall consist of 18 members as follows:
(1) Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives;
(2) Three members of the Senate to be appointed by the President of the Senate; (3) The chairman of the Board of Human Resources, or his or her designee; (4) Seven members to be appointed by the Governor who shall be representative of the following:
(A) District health directors; (B) Consumers or representatives of mental illness, mental retardation, and substance abuse programs; (C) Private service providers; (D) County commissioners; and (E) Superintendents of regional hospitals. (5) The chairman of the Governor's Advisory Council on Mental Health, Mental Retardation, and Substance Abuse, or his or her designee; and (6) Three nonvoting ex officio members shall be the director of the Division of Mental Health, Mental Retardation, and Substance Abuse, the director of the Division of Public Health of the Department of Human Resources, and the commissioner of the Department of Medical Assistance. (b) The Governor, the Speaker of the House of Representatives, and the President of the Senate shall appoint individuals who are specially qualified to serve on the commission by reason of their interest in and knowledge of services to citizens with mental illness, mental retardation, and substance abuse problems. (c) The Governor shall designate one of his appointees to serve as the chairperson of the commission. The chairman of the Board of Human Resources shall serve as vice chairman of the commission. The commission may elect other officers as deemed necessary. 37-2-33. (a) The commission may hold meetings and hearings state wide to develop a comprehensive plan for an improved state-wide public service delivery system for people with mental illness, mental retardation, and substance abuse problems.
(b) A quorum for transacting business shall be a majority of the members of the commission.
(c) The members of the commission may be reimbursed for expenses incurred while conducting the business of the commission from federal or private grants, devises, or bequests received by the commission.
37-2-34. (a) The commission shall have the following duties:
(1) To study and evaluate the needs, priorities, programs, and continuity of care for individuals with mental illness, mental retardation, and substance abuse problems;
(2) To evaluate the effectiveness and efficiency of the current service delivery system;
WEDNESDAY, MARCH 25, 1992
3621
(3) To develop a plan for an improved service delivery system; (4) To initiate the development of enabling legislation; and (5) To monitor the implementation of the developed plan. (b) The commission shall have the following powers: (1) To write and disseminate reports and recommendations concerning services to people with mental illness, mental retardation, and substance abuse problems; (2) To accept public or private grants, devises, and bequests; (3) To enter into all contracts or agreements necessary or incidental to the performance of its duties; and (4) To hold meetings and public hearings and to conduct studies, collect data, or take any other action the commission deems necessary to fulfill its responsibilities. (c) The commission shall complete its plan and make a report of its findings and recommendations including proposed legislation, if any, to the Governor and to the Board of Human Resources on or before December 1, 1992. The commission shall work with the Governor and the Board of Human Resources to monitor the implementation of policies and programs it recommended. The commission shall stand abolished on December 31, 1993."
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 stand repealed on December 31, 1993.
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 Adams
Y Aiken Y Alford Y Ashe 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 Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D 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 E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y HarrisJ
Y Heard Y Henson Y Herbert 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
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt
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 Y Pinkston YPoag Y Porter
Poston Powell,A Y Powell.C Y Presley 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 Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J
Walker.L Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr
3622
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Powell of the 13th and Poston of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:
SB 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 Annotated, 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.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:
HB 1346. By Representative Dunn of the 73rd:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the business of insurance, so as to provide definitions; to provide for acts which shall constitute unfair practices with regard to the settlement of claims.
HB 1676.
By Representative Holland of the 136th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that a motor vehicle liability insurance carrier may tender, and a claimant may accept, the policy limits and such offer and acceptance shall bar certain further claims.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1986.
By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating the Newton County Water and Sewerage Authority, so as to raise the limit on the issuance of negotiable revenue bonds.
The following Senate amendment was read:
Amend HB 1986 by inserting on line 25 of page 1 between the number "82" and the word "of the following:
WEDNESDAY, MARCH 25, 1992
3623
"of Title 36".
Representative Dobbs of the 74th moved that the House agree to the Senate amendment to HB 1986.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 1169.
By Representatives Stanley of the 33rd, Smith of the 152nd, Dover of the llth, Porter of the 119th, Lee of the 72nd and others:
A resolution beseeching the Georgia congressional delegation to urge Congress to pass legislation allowing prayer in public schools.
HR 1170. By Representatives Jackson of the 9th, Murphy of the 18th, Jamieson of the llth, Porter of the 119th, Parham of the 105th and others:
A resolution urging the United States Secretary of Transportation to grant a waiver or an extension of the final date by which all persons operating commercial vehicles must possess a commercial driver's license.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Ways and Means and referred to the Committee on State Planning and Community Affairs - Local:
SB 633. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of taxes to the county in which returns are made, installment payments, interest, and penalties on delinquent tax payments in certain counties, and executions, so as to change the population brackets and provisions relating to the United States decennial census relative to penalties in certain counties; to provide for authority for this Act.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on State Planning and Community Affairs - Local:
SB 683. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Code Section 15-12-23 of the Official Code of Georgia Annotated, relating to clerks of boards of jury commissioners and appointment of court personnel in certain counties, so as to change the census and population brackets relating to those counties in which the chief judge of the superior court shall have power to appoint a jury clerk and other personnel.
The Speaker Pro Tern announced the House in recess until 1:30 o'clock, this afternoon.
3624
JOURNAL OF THE HOUSE,
AFTERNOON SESSION
The Speaker Pro Tern called the House to order.
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 431 Do Pass, by Substitute SR 510 Do Pass, by Substitute SR 511 Do Pass, by Substitute
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 substitute, by the requisite constitutional majority the following Bills of the House:
HB 1654.
By Representatives Martin of the 26th and Orrock of the 30th:
A bill to provide a homestead exemption from all Fulton County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that county.
HB 1757.
By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to deannex and remove certain property from the corporate limits of the city.
HB 1780. By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd:
A bill to provide a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district.
HB 1785.
By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd:
A bill to provide a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city.
WEDNESDAY, MARCH 25, 1992
3625
HB 1844. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the composition of the commissioner districts.
HB 2078.
By Representative Ployd of the 135th:
A bill to amend an Act establishing the membership of the Board of Education of Dooly County, so as to provide new education districts for the election of members of the board.
HB 2080.
By Representative Floyd of the 135th:
A bill to amend an Act creating a board of commissioners of Dooly County, so as to provide districts from which the members of the Board of Commissioners of Dooly County shall be elected.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 2077. By Representatives Kingston of the 125th, Bordeaux of the 122nd, Hamilton of the 124th, Merritt of the 123rd, Mueller of the 126th and others:
A bill to create the Savannah Development and Renewal Authority.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 866. By Senator Broun of the 46th:
A bill to amend an Act establishing the Unified Government of AthensClarke County, Georgia, as amended, so as to provide how membership positions on the Athens-Clarke County Industrial Development Authority shall be construed as a result of the changes effected by the governmental reorganization which resulted in that Unified Government; to provide for legislative findings.
SB 867. By Senator Kidd of the 25th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, as amended, so as to change the composition of education districts from which members of the board of education are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General; to repeal a specific law.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 866. By Senator Broun of the 46th:
A bill to amend an Act establishing the Unified Government of AthensClarke County, Georgia, as amended, so as to provide how membership positions on the Athens-Clarke County Industrial Development Authority shall be construed as a result of the changes effected by the governmental reorganization which resulted in that Unified Government; to provide for legislative findings.
Referred to the Committee on State Planning & Community Affairs - Local.
3626
JOURNAL OF THE HOUSE,
SB 867. By Senator Kidd of the 25th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, as amended, so as to change the composition of education districts from which members of the board of education are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General; to repeal a specific law.
Referred to the Committee on State Planning & Community Affairs - Local.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 784. By Senators Foster of the 50th, Deal of the 49th, Hasty of the 51st and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the dates of the initial enrollment count for purposes of determination of enrollment by institution; to change the method of calculating the amount of certain funding.
The following substitute, offered by Representatives Thomas of the 69th and Kilgore of the 42nd, was read and adopted:
A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the dates of the initial enrollment count for purposes of determination of enrollment by institution; to change the method of calculating the amount of certain funding; to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, so as to provide for exceptions; to provide for notice and a public hearing regarding a reorganization or consolidation plan; to provide a practice and procedure for filing opposition to a plan; to provide for mediation; to provide for reports; to provide a limit for funding; to provide for approval of certain projects; to provide that certain funds shall not be denied; to provide for procedures in cases of defeated bond referendum; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking in its entirety Code Section 20-2-160, relating to the determination of enrollment by institutional program, and inserting in lieu thereof the following:
"20-2-160. (a) The State Board of Education shall designate the specific dates upon which three two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made prior to UctoDcr TJ ttic second ^nrolltticnt count ftltcr IN ovcnciucr x out prior to u flnuflFy 1^ and the final enrollment count after February 46 feat prior te May -1 after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1.. The report shall indicate the student's specific assigned program for each onesixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a driver education course; a course recognized under this article or by state board policy as an enrichment course; a course which
WEDNESDAY, MARCH 25, 1992
3627
requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school officej or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the stu-
dent is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a
regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the postsecondary institution; provided, however, that the student is attending the high school for at least three segments that are eligible to be counted under this subsection and that the student's
postsecondary program is approved by the high school principal or the principal's designee. The state board shall adopt such regulations and criteria as necessary to ensure
objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be
limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has
a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date.
(b) The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner:
(1) Count the number of one-sixth segments of the school day for which each stu-
dent is enrolled in each program authorized under Code Section 20-2-161; and
(2) Divide the total number of segments counted for each program by six. The result is the full-time equivalent program count for each respective state recognized program.
(c) For the purpose of initially determining the amount of funds to be appropriated to finance each respective program for the ensuing fiscal year, a projection of the third second full-time equivalent program count shall be calculated as follows:
(1) Divide the second first total full-time equivalent count for the current fiscal year by the second first total full-time equivalent count for the immediately preceding fiscal year;
(2) Multiply the quotient obtained in paragraph (1) of this subsection by the third second total full-time equivalent count for the immediately preceding fiscal year. The result shall be the projected third second total full-time equivalent count for the current fiscal year;
(3) Divide the average of the local school system's three two most recent full-time
equivalent program counts by the average of the three two most recent total full-time equivalent counts; and
(4) Multiply the quotient obtained in paragraph (3) of this subsection by the product obtained in paragraph (2) of this subsection. The result shall be the projected third second full-time equivalent program count for the current fiscal year.
(d) The average of the first twe full-time equivalent program counts ad the projected tnird tun*time equivalent program count tor tnc current tiscal year count,
weighted two parts, and the projected second full-time equivalent program count, weighted one part, shall be used to initially determine the funds needed to finance the program for the ensuing fiscal year.
(e) After such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section
3628
JOURNAL OF THE HOUSE,
20-2-320, and after such time as the third second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, the average^ as calculated pursuant to subsection (d) of this Code section, of the local school system's three two full-time equivalent program counts for the current fiscal year shall serve as the full-time equivalent count used to allot the funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appropriated annually by the General Assembly for this purpose. Prior to the completion of the student information component of said information network, and prior to such time as the third second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, allotment of funds needed to finance each respective program for the ensuing fiscal year shall be based on the average2 as calculated pursuant to subsection (d) of this Code section, of the local system's first twe full-time equivalent program counts count and the projected third second full-time equivalent program count for the current fiscal year."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 20-2-162, relating to the annual recalculation of certain funding, and inserting in lieu thereof the following:
"(a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first twe full-time equivalent counts and the
second full-time equivalent counts for the current fiscal year, with the first full-time equivalent count weighted two parts and the projected second full-time equivalent count weighted one part; provided, however, that after such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the third second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, then if the third second full-time equivalent count for the current fiscal year is lower than the projected third second count, the midterm adjustment shall be calculated using the average of the three two actual full-time equivalent counts for the current fiscal year; with the first full-time equivalent count weighted two parts and the second full-time equivalent count weighted one part. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the fulltime equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment."
WEDNESDAY, MARCH 25, 1992
3629
Section 3. Said article is further amended by striking in its entirety subsection (a) of Code Section 20-2-165, relating to the calculation of equalization grants, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term: (1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted school
property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.
(2) 'Assessed valuation per weighted full-time equivalent' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent for the year of the digest.
(3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year weighted two parts and the second count weighted one part.
{3} (4) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000.
{4} (5) 'Eligible full-time equivalent program count' is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order.
{6} (6) 'Equalized adjusted school property tax digest' is defined as the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164.
{6} (7) 'Guaranteed valuation school system' is defined as the local school system ranking at the ninetieth percentile in dollars of assessed valuation per weighted fulltime equivalent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent. For the purpose of determining the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system.
H (8) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; pro-
vided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds.
{&} (9) 'Most recent average weighted full-time equivalent count' is defined as the average of the three two most recent weighted full-time equivalent counts.
{9} (10) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the
digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164.
(iO) (11) 'Weighted full-time equivalent count' is defined as the sum of all eligible
full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent counts were obtained pursuant to Code Section 20-2-161.
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(12) 'Weighted full-time equivalent for the year of the digest' is defined as the average of the three two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest."
Section 4. Said article is further amended by striking in its entirety subsection (b) of Code Section 20-2-260, relating to capital outlay funds, and inserting in lieu thereof the following:
"(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
(4) 'Construction project' refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs which shall include, but shall not be limited to, the needs set forth in subsection (j) of this Code section based on the instructional program and service requirements of this article.
(7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.
(8) 'Full-time equivalent student count' is defined as the average of the tlee two full-time equivalent counts pursuant to Code Section 20-2-160 for a school year; provided, however, that the average daily membership shall be used in lieu of such fulltime equivalent student counts for school years for which such counts are not available.
(9) 'Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues.
(10) 'Net equalized adjusted school property tax digest' is defined as the equalized adjusted school property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164.
(11) 'Physical education facility' is defined as any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate.
(12) 'Renovation' or 'modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such as
WEDNESDAY, MARCH 25, 1992
3631
lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations.
(13) 'Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project.
(14) 'Unhoused students' is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board.
(15) 'Weighted full-time equivalent student count' is defined as the average ef th three weighted full-time equivalent counts pursuant te paragraph (W) ef subsection {a) ef Code Section 20-2-166 weighted full-time equivalent count as defined in paragraph (3) of subsection (a) of Code Section 20-2-165."
Section 5. Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, is amended in subsection (d) by striking the word "and" after paragraph (7); by striking the period after paragraph (8) and inserting in lieu thereof "; and"; and by adding a new paragraph (9) to read as follows:
"(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section."
Section 6. Said Code section is further amended by adding immediately following subsection (k) a new subsection (k.l) to read as follows:
"(k.l) Prior to a local board of education's submitting an advanced incentive funding request to the State Department of Education for State Board of Education approval under subsections (i) and (j) of this Code section, the local board of education shall conduct the following:
(1) The board of education must schedule and hold at least two public hearings and provide an opportunity for full discussion of the local board of education's consolidation or reorganization plan;
(2) The public hearings shall be advertised in the official newspaper and shall include, but shall not be limited to:
(A) Identification of each school to be closed and location of each new school; (B) Proposed size of each new school in terms of number of students and grade configuration; (C) Proposed renovations, modernization, retrofitting, or expansion of existing schools designed to accommodate consolidation; (D) Total cost, including breakdown for state and local shares, and for school construction projects resulting from consolidation. Local costs shall include identifying proposed sources of funds, whether from bond referendum proceeds or other sources; (E) Plans for use or disposal of closed school property; (F) The impact alternative options would have on the system's planned curriculum and programs; (G) The options in the school size and organization study; and (H) The financial impact of the options on all schools; (3) The board of education shall request formal, written comments or suggestions regarding the system's organizational pattern or school sizes and shall allow appropriate discussion during the public hearings; (4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within that system. A petition with the signature of at least 25 percent of the qualified, registered voters within other systems' jurisdictions must be filed with the board of education
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within 60 days after the notice of intent to file a petition has been received by the board. The signatures on the petition must be validated against the official list of registered voters;
(5) The local board of education and the petitioners shall meet to resolve differences. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in the affected schools. The chairman of the local board of education shall notify the petitioners of the date, time, and place for meeting to address their differences. The local board of education shall render a final decision on petition within 60 days from the initial meeting to discuss differences; and
(6) An opposition report shall be filed by the board of education to report resolution of opposition before advanced incentive funds shall be awarded to that system."
Section 7. Said Code section is further amended by adding new subsections (p), (q), and (r) to read as follows:
"(p) Any system which has not submitted a plan for consolidation or reorganization of schools to the State Board of Education by July 1, 1992, shall not be allowed to request state funds under subsections (i) and (j) of this Code section.
(q) Any construction project on an existing school facility which is less than base size as defined in subsections (b) and (c) of Code Section 20-2-291 and identified by the local board of education in the educational facility survey pursuant to subsections (c) and (d) of this Code section shall be approved by the State Board of Education. Construction projects identified by the local board which contain a projected FTE of more than 200 students in an elementary school, 400 students in a middle school, and 500 students in a high school, regardless of grade configuration, shall be eligible to receive full capital outlay funding pursuant to subsections (g), (h), and (i) of this Code section.
(r) Notwithstanding any other provisions of this Code section, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consolidation within the school system and a majority of the voters voting in said bond election voted against incurring such debt, the procedures established in paragraph (5) of subsection (k.l) of this Code section shall be followed."
Section 8. Nothing contained in this Act shall affect any payment or allocation to any board of education of a local system as a result of bond proceeds authorized and sold under the provisions of House Bill 1262, Supplemental Appropriations Bill, passed on February 10, 1992, and payment shall be made to said boards of education as provided for in said House Bill 1262.
Section 9. 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 ayes were 92, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 552. By Senators Perry of the 7th, Echols of the 6th and Ray of the 19th:
A bill to amend Code Section 45-2-21 of the Official Code of Georgia Annotated, relating to veterans entitled to additional points on civil service examination scores, so as to provide that members of the National Guard who served on active duty in an "area of imminent danger" during Operation Desert Shield or Operation Desert Storm shall be eligible for veterans' employment preference; to provide a definition.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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3633
On the passage of the Bill, the ayes were 99, nays 1. The Bill, having received the requisite constitutional majority, was passed.
SB 769. By Senators Foster of the 50th, Scott of the 36th, Tate of the 38th and others:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to change certain definitions; to amend the authority of the State Board of Education; to provide prerequisites for attaining demonstration program status; to provide for advisory committees.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to change certain definitions; to amend the authority of the State Board of Education; to provide prerequisites for attaining demonstration program status; to provide for advisory committees; to provide that the Professional Standards Commission shall have the authority to suspend certification regulations and requirements upon the recommendation of the State Board of Education to the extent the commission deems essential for the successful implementation of demonstration plans; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking in its entirety Code Section 20-2-251, relating to demonstration school systems, and inserting in lieu thereof the following:
"20-2-251. (a) As used in this Code section, the term: (1) 'Demonstration plan' is defined as means a document submitted by the local
school system or board of control of a regional educational service agency and approved by the State Board of Education which describes: how certain state policies, standards, rules2 ad regulations2 and categorical expenditure requirements in practice inhibit the local school's, school system's2 or regional educational service agency's delivery of an appropriate and effective educational program; how a suspension of such policies would result in improvement of the educational program; the new demonstration program or activity without such policies; proposed stipulations under which the local school, school system^ or regional educational service agency will operate in lieu of those policies that the state board is requested to suspend; goals and objectives of the new demonstration program or activity; an evaluation system to determine if the goals and objectives of the new demonstration program or activity are being attained; and other such items as the state board may deem necessary for an effective demonstration plan.
(2) 'Demonstration school system program' is defined as means a local school, school system^ or regional educational service agency which is designated by the state board to operate the educational programs or services contained within its demonstration plan in accordance with the said plan, (b) The State Board of Education shall have the authority and is directed to:
(1) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section;
(2) Annually designate local schools, school systems2 and regional educational service agencies which meet established state board criteria for being designated or continuing their designation as demonstration school systems programs; provided, however, that the Department of Education shall annually review and evaluate the
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effectiveness of demonstration plans and submit findings and recommendations to the state board; and
(3) Suspend certification regulations ad requirements and other state policies, standards, and regulations for approved demonstration school systems programs to the extent deemed essential for successful implementation of approved demonstration plans. However, such suspension of rules and regulations will apply only to those personnel, programs, regional educational service agencies, and schools actually participating in the approved demonstration program or activityj and 7
(4) Recommend to the Professional Standards Commission that applicable certification regulations and requirements be suspended. (c) AH policies, rulca, and regulations prescribed by the State Beard- ef Education pursuant te Code Section 20-2-260 shall apply te this Code section, unless such applica' tie is explicitly excluded. The State Board of Education is authorized to prescribe the criteria by which schools or school systems or regional educational service agencies receiving funds pursuant to Code Section 20-2-250 may receive demonstration program status. (d) No local school system demonstration program shall be permitted to continue its such designation as a demonstration seheel system for more than three fiscal years; provided, however, that a system may submit a new application for designation as a demonstration school system upon conclusion ef its previous demonstration program er activity program may be submitted to the state board for approval based upon the annual evaluations required by this Code section. Any demonstration seheel system program er activity designated as such during fiscal yea* 1087 fay be designated te continue that status fer fiscal year 1088 only, contingent upon approval fer that year fey the state board. (e) The state board shall have the authority and is encouraged to establish a committee or committees to advise it as to the requirements which demonstration programs must meet, the accountability procedures which must be used, and other matters which the state board deems necessary for the success of demonstration programs."
Section 2. Said chapter is further amended by adding at the end of Code Section 20-2-984, relating to the authority and powers of the Professional Standards Commission, a new subsection (e) to read as follows:
"(e) The commission shall have the authority to suspend certification regulations and requirements upon the recommendation of the State Board of Education to the extent the commission deems essential for the successful implementation of demonstration plans as provided for in Code Section 20-2-251."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 777. By Senator Foster of the 50th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Professional Standards Commission; to change certain provisions relating to service on the Professional Standards Commission.
The following Committee substitute was read and adopted:
WEDNESDAY, MARCH 25, 1992
3635
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 change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Professional Standards Commission; to change certain provisions relating to service on the Professional Standards Commission; to provide that the Professional Standards Commission may make certain recommendations; to provide that the Governor shall select the chairman of the Professional Standards Commission; to provide that the members of such commission shall receive certain reimbursement of expenses; to provide that the members of such commission shall appoint an executive secretary; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking in its entirety paragraph (1) of subsection (d) of Code Section 20-2-200, relating to the certification and classification of certain professional personnel employed in the public schools and inserting in lieu thereof the following:
"(1) Is the holder of a master's degree H education m a teaching fieW or higher level degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section;".
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-201, relating to specific course requirements for teachers and other persons, and inserting in lieu thereof the following:
"(a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily through the tree ef objective criteria completed a eewse coursework of five or more quarter hours, approved by the Professional Standards Commission, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed for this purpose, provided such staff development program shall have received prior approval of the commission for that purpose. As used in this subsection, 'children who have special educational needs' is defined as such ehild*e as defined fey Code Section 20-2-162 gifted children who receive educational services under an Individualized Education Plan. Teachers, principals and guidance counselors who have satisfactorily completed courses coursework in other states at least comparable with the requirements of this Code section may be approved certified by the Professional Standards Commission. Those teachers, principals, and guidance 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 ef- employment time not to exceed two years from the date of employment to obtain the prescribed training. Teachers holding valid Georgia teaching certificates shall have until their rcccrtification date te comply with the
of mi9 suusoction. Any per8on tflKin^f tne course uiioep tnis Oode sect/ion shaH receive appropriate credit toward certification and salary increases."
Section 3. Said chapter is further amended by striking in its entirety Code Section 20-2-215, relating to the "in loco parentis" status of aides and professionals, and inserting in lieu thereof the following:
"20-2-215. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of 'in loco parentis,' except for the administration of corporal punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the State Bear4 ef Education
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Professional Standards Commission to have such authority and that such aides and paraprofessionals are under direct supervision 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 education activities related to classroom instruction. The state board Professional Standards Commission shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-983, relating to creation of the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(a) The Professional Standards Commission existing June 30, 1991, is abolished and the term of office of the members of such abolished commission shall expire July 1, 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 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 1, 1991, and shall be: six for one year, six for two years, and six for three years. A member may be reappointed to the commission only one time. Vacancies shall be filled for unexpired terms in the same manner as the original appointments. If a member for any reason discontinues employment or service in the category from which he or she was appointed, that person is ne longer may not be eligible te serve e for reappointment to 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 commission. 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 Senate is not in session shall be effective until the appointment is acted upon by the Senate."
Section 5. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 20-2-984, relating to the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(d) The commission shall not make any recommendations relating te er have authority over the compensation, benefits, or working conditions of educational personnel in the public schools of Georgia; provided, however, that the commission shall have the authority to make recommendations to the State Board of Education regarding compensation as it relates to certification."
Section 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-985, relating to the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(a) The commission Governor shall annually select a chairman from its the membership a chairman ftd vice-chairman by ballot of the commission. 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."
Section 7. Said chapter is further amended by striking in its entirety Code Section 20-2-986, relating to the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"20-2-986. Members of the commission shall receive no compensation for their services but shall, upon approval by the chairman, be reimbursed for their actual and necessary expenses incurred in the performance of official commission business; b*rf such
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3637
and employees as provided by Code Section 45-7-20. No member of the commission, with the exception of members of the executive committee of the commission, shall be reimbursed from any public funds for such expenses for more than 20 days during each calendar year, except that there shall be no limitation on the number of meeting days for one year after July 1, 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."
Section 8. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-987, relating to the executive secretary of the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(a) The Governor commission shall appoint an executive secretary te the eommis sie who shall serve as the secretary and executive officer of the commission. Such executive secretary shall be compensated in an amount fixed by the Governor commission; provided^ However^ sucn compcnsflt/ion siiflii not exceed trie Himufli compcnsflLion 01 trie State Superintendent ef Schools. 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 te approval by the commission. Personnel of the Department of Education may be utilized by the commission subject to the approval of the State School Superintendent."
Section 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker assumed the Chair.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 1146. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, collection, and assessment of the state sales and use tax, so as to provide for a limitation on the amount of the reimbursement deduction allowed to dealers for collecting such tax.
The following Senate substitute was read:
A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for limitations on the amount of the reimbursement deduction
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allowed to dealers for collecting certain sales and use taxes and the second motor fuel tax; to change the rate and procedures with respect to such deduction; to provide for a definition; to change certain provisions relating to the reimbursement and deduction for collecting county and municipal excise taxes on charges to the public for rooms, lodgings, and accommodations; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-8-50, relating to compensation of dealers for reporting and paying the state sales and use tax, and inserting in lieu thereof a new Code Section 48-8-50 to read as follows:
"48-8-50. (a) As used in this Code section, the term 'affiliated entity' means with respect to any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, any other corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity related thereto:
(1) As a parent, subsidiary, sister, or daughter corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity;
(2) By control of one corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity by the other; or
(3) By any other common ownership or control. (b) Each dealer required to file a return under this article shall include such dealer's certificate of registration number or numbers for each sales location or affiliated entity of such dealer on such return. In reporting and paying the amount of tax due under this article, each dealer shall be allowed a the following deduction ef- 3 percent ef the amount de, but only if the amount due was not delinquent at the time of paymentt; and that deduction shall be subject to the provisions of subsection (f) of this Code section pertaining to calculation of the deduction when more than one tax is reported on the same return:
(1) With respect to each certificate of registration number on such return, a deduction of 3 percent of the first $3,000.00 of the combined total amount of aU sales and use taxes reported due on such return for each location; and
(2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location. (c) The department shall compile and maintain a master registry of the certificate of registration numbers filed on such returns with respect to all the affiliated business entities and multiple locations of each dealer and shall assign a master number to each dealer. Each dealer required to file a return under this article shall also include such dealer's master number on such return if such number has been assigned by the department under this subsection. (d) With respect to a dealer which consists of only a single sales location or which consists of a group of fewer than four sales locations or affiliated entities, or any combination thereof, claiming such deduction, a separate return shall be filed for each sales location and affiliated entity for each reporting period. With respect to a dealer which consists of a group of four or more sales locations or affiliated entities, or any combination thereof, claiming such deduction, a single, consolidated return shall be filed for such entire group. A consolidated return under this subsection shall be used for the purpose of identifying the sales locations or affiliated entities of a dealer and such consolidated return shall identify separately the reporting and paying of the tax due under this article for each sales location or affiliated entity of such dealer. The deduction requirements of subsection (b) of this Code section shall apply separately to each certificate of registration number on such return.
WEDNESDAY, MARCH 25, 1992
3639
(e) No deduction shall be allowed under this Code section unless all of the requirements of subsections (b), (c), and (d) of this Code section have been satisfied.
(f) The deduction authorized under this Code section shall be combined with and calculated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-113, Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, g. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code section against the combined total of all such taxes reported due on the same return.
(g) The reimbursement deduction authorized under Section 25 of an Act approved March 10, 1965 (Ga. L^ 1965, g. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' shall be at the rate and subject to the requirements specified under subsections (b) through (f) of this Code section."
Section 2. Said title is further amended by striking Code Section 48-8-87, relating to the administration and collection of the local option sales and use tax, and inserting in its place a new Code Section 48-8-87 to read as follows:
"48-8-87. The tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and of each qualified municipality located wholly or partially therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rate ef- the deduction shall be at the same rate authorized fer deductions from th state tax imposed by Article t ef- this chapter and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
Section 3. Said title is further amended by striking Code Section 48-8-113, relating to administration and collection of the special county 1 percent sales and use tax, and inserting in its place a new Code Section 48-8-113 to read as follows:
"48-8-113. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rate of th deduction shall be at the same rate authorized for deductions from the state tax imposed by Article i ef this chapter and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
Section 4. Said title is further amended by striking subsection (c) of Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new subsection (c) to read as follows:
"(c) (1) fe Except as otherwise provided in paragraph (2) of this subsection, in all other respects, the tax imposed by this Code section shall be administered and collectedr dealers shall be compensated, and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to Article 1 of Chapter 8 of this title.
(2) Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting,
3640
JOURNAL OF THE HOUSE,
reporting, and paying the amount due. Each dealer shall be allowed a deduction of 3 percent of the amount due, but only if the amount was not delinquent at the time of payment. Except as to rate, the deduction shall be subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
Section 5. Said title is further amended by striking Code Section 48-13-52, relating to the reimbursement deduction allowed for collecting county and municipal excise taxes on charges to the public for rooms, lodgings, and accommodations and inserting in its place a new Code Section 48-13-52 to read as follows:
"48-13-52. Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount due is not delinquent at the time of payment. The rate of the deduction shall be the stone fate authorized for deductions from the state sales and se tax under Article 1 ef- Chapter 8 ef this title 3 percent of the amount due, but only if the amount due was not delinquent at the time of payment."
Section 6. This Act shall become effective on April 1, 1992.
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Porter of the 119th moved that the House agree to the Senate substitute to HB 1146
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
N Aiken Y Alford N Ashe N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates
N Beattv Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick
Y Branch N Breedlove
Y Brooks Brown
N Brush YBuck Y Buckner YByrd N Campbell Y Canty Y Carrell
Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L
N Coker Y Coleman
Colwell Y Connell
Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G N Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
N Elliott Felton
Y Fennel Floyd.J.M
Y Floyd.J.W
Y Flynt Y Godbce Y Golden
Goodwin E Green
Greene N Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris.J
Y Heard Y Henson Y Herbert
Holland Holmes Y Howard Y Hudson Y Irwin N Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein NLadd Y Lane.D
Y Lane.R N Langford N Lawrence N Lawson YLee YLong
YLord Y Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C N Meadows Y Merritt
Y Milam
E Mills Y Mobley Y Moody Y Morsberger
Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Padgett
Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit N Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C
N Presley 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
Y Smyre YSnow Y Stancil.F
N Stancil.S Stanley
Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Thomas.N Y Thurmond
Y Titus N Tolbert
Y Townsend Y Turnquest Y Twiggs
Valenti
N Vaughan Y Walker,J Y Walker,L Y Wall Y Watson Y Watts
White N Wilder
N Williams.B Williams.J
N Williams.R Y Yeargin
Murphy ,Spkr
On the motion, the ayes were 120, nays 30. The motion prevailed.
Representative Poston of the 2nd 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.
WEDNESDAY, MARCH 25, 1992
3641
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 1145. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain fees for motor vehicle special and prestige license plates; to change certain fees for a motor vehicle title; to provide for an additional impact fee for vehicles previously titled outside this state; to change certain fees for driver's licenses, probationary licenses, instruction permits, and identification cards; to change certain reinstatement fees.
The following Senate substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain fees for motor vehicle special and prestige license plates; to change the fee to local tag agents; to change certain fees for a motor vehicle title; to provide for a title transfer fee for vehicles previously titled outside this state; to change certain fees for drivers' licenses, probationary licenses, instruction permits, and identification cards; to change certain reinstatement fees; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change certain annual licensing fees; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subsection (d) of Code Section 40-2-32, relating to license plates issued in commemoration of colleges or universities, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Special license plates issued under this Code section shall be renewed annually with a revalidation deca!2 as provided in Code Section 40-2-312 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-80."
Section 2. Said title is further amended by striking subsection (b) of Code Section 40-2-33, relating to issuance of license plates and compensation of local tag agents, in its entirety and inserting in lieu thereof the following:
"(b) The amount of commission permitted as compensation to tag agents under this Code section shall be 9* $1.00 per license plate or revalidation decal issued during any calendar year. Twenty-five cents for each license plate or revalidation decal sold in excess of 4,000 during any one calendar year shall become the property of the county and shall be turned over to the fiscal authorities of the county by the tag agent. The remaining portion of such commissions shall be disposed of as provided in Code Section 40-2-34."
Section 3. Said title is further amended by striking Code Section 40-2-42, relating to transfer of license dates and revalidation decals, in its entirety and inserting in lieu thereof a new Code Section 40-2-42 to read as follows:
"40-2-42. (a) A license plate or revalidation decal, when issued, shall not be transferred from one vehicle to another and shall not be used by any other person or upon any vehicle other than the one to which it is assigned, except as otherwise provided in
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JOURNAL OF THE HOUSE,
this chapter. Any use of a license plate or revalidation decal by any other person or persons in any manner not provided for in this chapter shall be a violation of this chapter.
(b) The commissioner is authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of $1.00 $5.00, and, upon preparation and filing of an appropriate application therefor, annual and five-year license plates and revalidation decals may be transferred from one person to another. License plates and revalidation decals shall be transferred only during the calendar year for which issued. A person acquiring a vehicle with an expired annual license plate or expired five-year license plate shall obtain a current year annual license plate or a current year revalidation decal as provided for by this chapter."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-2-60, relating to prestige license plates, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are residents of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and, except as provided in subsection (c) of this Code section, upon the payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued special personalized prestige license plates by the commissioner. Special personalized license plates issued pursuant to this Code section shall be subject to an additional annual registration fee of $25.00 as a condition of obtaining an annual revalidation decal for such license plate which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
Section 4.1. Said title is further amended by striking Code Section 40-2-61, relating to special license plates for United States Senators and Congressmen, the Governor, Lieutenant Governor, Speaker of the House of Representatives, Justices of the Supreme Court, and Judges of the Court of Appeals; and Code Section 40-2-62, relating to special license plates for members of the General Assembly, in their entirety and inserting in lieu thereof new Code Sections 40-2-61 and 40-2-62 to read as follows:
"40-2-61. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and each Justice of the Supreme Court and each Judge of the Court of Appeals to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The special license plate authorized by this Code section shall be issued to such elected official upon application and payment of a manufacturing fee of $25.00 and upon compliance with the state laws relating to registration and licensing of motor vehicles and may be transferred as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34.
40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before December 31 of each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at
WEDNESDAY, MARCH 25, 1992
3643
the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
Section 5. Said title is further amended by striking Code Section 40-2-63, relating to special license plates for sheriffs, in its entirety and inserting in lieu thereof a new Code Section 40-2-63 to read as follows:
"40-2-63. On or before December 31 of each year, the commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. Special sheriffs license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff for his personal motor vehicle; j however^ a sheriff may choose to use his sheriffs distinctive license plate on his law enforcement vehicle or his sheriffs vehicle."
Section 6. Said title is further amended by striking subsection (a) of Code Section 40-2-65, relating to special license plates for members of active reserve components of the United States, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the 'United States military reserve.' The major commanders of each active reserve component program shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia."
Section 7. Said title is further amended by striking subsection (a) of Code Section 40-2-66, relating to special license plates for members of the Georgia National Guard, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time
3644
JOURNAL OF THE HOUSE,
of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the members of the Georgia National Guard.
(2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, including the payment of the basic registration fee, shall be issued a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall b collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph, shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the retired members of the Georgia National Guard."
Section 8. Said title is further amended by striking subsection (a) of Code Section 40-2-67, relating to special license plates for commanders of certain veterans' organizations, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The commanders of the American Legion, the Amvets, the Jewish War Veterans, the Disabled American War Veterans, the Veterans of World War I, and the Spanish-American War Veterans, upon application and compliance with the state motor vehicle laws relative to the registration and licensing of motor vehicles, upon payment of the regular license fees for license plates as provided by law, and upon the payment of an additional initial fee of $25.00 and an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted as provided in Code Section 40-2-34, shall be issued license plates as prescribed in Code Section 40-2-31 for use on their official or private passenger automobiles, upon which, in lieu of the numbers prescribed by said Code section, shall be such figures or symbols indicative of the office held by such individuals as may be prescribed by the commissioner."
Section 9. Said title is further amended by striking subsection (a) of Code Section 40-2-75, relating to special license plates for amateur radio operators, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional initial fee of $25.00 and an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34, shall be issued a special design license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. The commissioner may consult with licensed amateur radio operators residing in the State of Georgia in the design of the special license plate authorized by this subsection."
WEDNESDAY, MARCH 25, 1992
3645
Section 10. Said title is further amended by striking subsection (b) of Code Section 40-2-77, relating to special license plates for historical vehicles and street rods, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Upon application, registration, and payment of a fee of $25.00, the commissioner shall issue a special license plate, as described in this Code section, for every historical vehicle within the state. Upon application, registration, and payment of a fee of $25.00, the commissioner shall issue a special license plate, as described in this Code section, for every street rod within the state. Said special license plates shall be valid, without renewal, as leag as the vehicle is m existence subject to an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
Section 11. Said title is further amended by striking subsection (c) of Code Section 40-2-78, relating to special license plates for firefighters, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The manufacturing fee for such a special and distinctive license plate shall be $25.00. There shall be an additional annual registration fee of $25.00 for each license plate issued pursuant to this Code section for which an initial fee was required which registration fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
Section 12. Said title is further amended by striking Code Section 40-2-80, relating to transfer of special license plates, in its entirety and inserting in lieu thereof a new Code Section 40-2-80 to read as follows:
"40-2-80. The commissioner is authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee te be prescribed by the commissioner the fee prescribed in Code Section 40-2-42 for transfer of license plates and revalidation decals, the special and distinctive license plates and special personalized prestige license plates authorized by this article may be used upon and transferred to vehicles other than the vehicle for which such plate was issued."
Section 13. Said title is further amended by striking subsection (e) of Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart citation, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
Section 14. Said title is further amended by striking subsection (e) of Code Section 40-2-85, relating to license plates for veterans who survived the attack on Pearl Harbor, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
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Section 15. Said title is further amended by striking subsection (e) of Code Section 40-2-85.1, relating to special and distinctive license plates for retired veterans, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
Section 16. Said title is further amended by adding a new Code Section 40-3-21.1 to read as follows:
"40-3-21.1. (a) When a certificate of title is issued for a motor vehicle that, at the time of applying for a certificate of title, is and has been titled in another state, a fee shall be levied of a minimum of $40.00 and a maximum of $200.00. The fee shall be based on the value of the vehicle as published in a schedule compiled by the state revenue commissioner; provided, however, that the maximum fee shall apply to all vehicles with a fair market value in excess of $25,000.00. Persons who have paid an equivalent fee on such motor vehicle in the state of origin within 90 days of applying for a new certificate of title in this state shall receive a credit against the fee due under this subsection.
(b) The transfer fee imposed by subsection (a) of this Code section shall not apply to:
(1) Vehicles for which no certificate of title shall be obtained as provided in Code Section 40-3-4;
(2) Certificates of title issued for any motor vehicle owned by and operated for the exclusive personal use of:
(A) Any member of the United States armed forces, or such member's spouse or dependent child, who is not a resident of this state and is stationed in this state pursuant to military orders;
(B) Any former member of the United States armed forces, or such member's spouse or dependent child, who purchased such motor vehicle while stationed outside of this state or who purchased such motor vehicle prior to departing this state, who has separated from the armed forces and who was not dishonorably discharged or discharged for bad conduct, who was a resident of this state at the time of enlistment and at the time of discharge, and who applies for registration of such motor vehicle within six months of the date of discharge;
(C) Any member of the United States armed forces, or such member's spouse or dependent child, who was a resident of this state at the time of enlistment, who purchased such motor vehicle while stationed outside of this state or who purchased the vehicle prior to departing this state, and who is now reassigned by military order to this state; or
(D) Any spouse or dependent child of a member of the United States armed forces who loses his or her life while on active duty or who is listed by the armed forces as 'missing in action.' Such spouse or child must be a resident of this state, and the member must have been a resident of this state at the time of enlistment. Registration of such motor vehicle must occur within one year of the notification of the member's death or status as 'missing in action';
(3) Certificates of title where reassignment is being made by a dealer as defined in Code Section 40-1-1;
(4) The certificate of title for any motor vehicle required to be registered and licensed under Code Section 40-2-37 or any motor vehicle owned or exclusively operated by the state or by any county, municipality, or other governmental entity;
(5) Motor vehicles with special license plates issued pursuant to Code Section 40-2-78;
(6) Motor vehicles entitled to or issued a free license plate pursuant to Code Section 40-2-69;
WEDNESDAY, MARCH 25, 1992
3647
(7) Motor vehicles described in subparagraph (B) of paragraph (6), paragraphs (13) and (14), and subparagraph (B) of paragraph (17) of Code Section 48-10-2;
(8) Motor vehicles exempt from registration and licensing under subsection (b) of Code Section 40-2-20;
(9) Motor vehicles for which a total loss claim has been paid by an insurance company and title to such vehicle has been acquired by the insurance company; or
(10) Motor vehicles, purchased outside the state by bonafide residents of the State of Georgia, after residency has been established, and for which such resident obtains a Georgia certificate of title."
Section 17. Said title is further amended by striking subsection (c) of Code Section 40-3-38, relating to fees for certificates of title, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commissioner shall be paid a fee of $6.00 $18.00 for the filing of an application for any certificate of title and for the filing of the notice of a security interest or a lien on vehicles not required by law to be titled in this state. The commissioner may, by appropriate regulation, provide for additional fees not to exceed $6.00 $18.00 for the special handling of applications for certificates of title and related documents."
Section 18. Said title is further amended by striking subsection (a) of Code Section 40-5-25, relating to driver's license fees, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety, not to exceed:
(1) For instruction permits for Classes A, B, C, and M drivers' licenses................................................................................................... $ ^69 10.00
(2) For Classes C and M drivers' licenses................................................... 4rS0 15.00
(3) For Classes A and B drivers' licenses.................................................... &66 15.00
(4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit .......
35.00
(5) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses........................................ &66 10.00
(6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test............................................................
65.00
(7) For Classes A, B, C, and M commercial drivers' licenses, initial
issuance not requiring a road test.....................................................
15.00
(8) For renewal of Classes A, B, C, and M commercial drivers' licenses................................................................................................... &50 15.00
(9) Initial issuance of Classes A, B, C, and M commercial drivers'
licenses and Class P commercial drivers' instruction permits
shall include all endorsement fees within the license fee. Each
endorsement added after initial licensing.........................................
5.00
Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit."
Section 19. Said title is further amended by striking paragraph (3) of subsection (e) of Code Section 40-5-58, relating to probationary licenses for habitual violators, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
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"(3) Upon compliance with the above conditions and the payment of a $26.00 fee of $210.00 or $200.00 when processed by mail, such person may be issued a probationary driver's license by the department."
Section 19.1. Said title is further amended by striking subsection (b) of Code Section 40-5-62, relating to conditions to issuance of a new license, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $210.00 or $200.00 if processed by mail in addition to the fee prescribed by Code Section 40-5-25 to issue a new driver's license to a person whose driver's license has been revoked."
Section 20. Said title is further amended by striking Code Section 40-5-63, relating to periods of suspension and conditions for reinstatement of a driver's license, in its entirety and inserting in lieu thereof a new Code Section 40-5-63 to read as follows:
"40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 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. Stieh If such license was suspended as a result of a conviction of a violation of Code Section 40-6-391, such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when such reinstatement is processed by mail. If such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated if such person submits proof of completion of either an approved defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(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
WEDNESDAY, MARCH 25, 1992
3649
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 If such license was suspended as a result of a conviction of a violation of Code Section 40-6-391, such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when processed by mail. If the person does not apply for early reinstatement of a license suspended as a result of a conviction of a second violation of Code Section 40-6-391, the Department of Public Safety shall charge a fee of $210.00 or $200.00 if processed by mail before reinstatement of such person's license or, in addition to the fee prescribed by law, for issuance of a new license. If such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated if such person submits proof of completion of either an approved defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of
$210.00 or $200.00 when processed by mail. 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 vio-
lating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured
from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1)
of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For
the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas
of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained
or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions.
(b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that the license suspension of a person who refused to submit to a
test or tests provided in Code Section 40-5-55, but who within 180 days of the date of arrest enters a plea of guilty to a charge of violating Code Section 40-6-391, shall be
deleted upon the acceptance of such plea and receipt by the Department of Public Safety of an authorization from the prosecutor or, where there is no prosecutor, from
the judge authorizing the deletion. If a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle
as provided in Code Section 40-6-393 or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months.
(c) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391.
(d) In all cases in which the department may return a license to a driver prior to
the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the
driver shall pay a restoration fee ef $36.00 er $26.00 when such reinstatement 4s processed by metl as provided in subsection (a) of this Code section.
(e) Any person convicted of violating subsection (a) of Code Section 40-6-393, relat-
ing to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his license suspended for a period of three years. Such person shall not
3650
JOURNAL OF THE HOUSE,
be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction."
Section 21. Said title is further amended by striking subsection (e) of Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Duration of permit. A permit issued pursuant to this Code section shall be $6.00 $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit; immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
Section 22. 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources by the date specified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $86.00 er $26.00 $210.00 or $200.00 when such reinstatement is processed by mail."
Section 23. Said title is further amended by striking subsection (a) of Code Section 40-5-70, relating to suspension of driver's license for failure to show proof of insurance, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to any other punishment, the driver's license of a person convicted under subsection (a), (b), or (c) of Code Section 40-6-10 shall be suspended for a period of 60 days. The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the department. After the 60 day suspension period and when the person provides proof of having prepaid a six-month minimum insurance policy and pays a restoration fee of $36.00 < $26.00 $60.00 or $50.00 when such reinstatement is processed by mail to the department, the suspension shall terminate and the department shall return the person's driver's license to such person. For a second or subsequent offense within a five-year period, the suspension period will be increased to 90 days and, in addition to the driver's license, such person's license tag and tag registration shall also be suspended for a period of 90 days. The procedures for submission of drivers' licenses to the court and the forwarding of such licenses to the department shall also apply to license tags and tag registrations."
WEDNESDAY, MARCH 25, 1992
3651
Section 24. Said title is further amended by striking subsection (c) of Code Section 40-5-71, relating to suspension of a driver's license upon notice of cancellation of insurance, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection.
(2) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $86.00 er $26.00 $60.00 or $50.00 when seek reinstatement is processed by mail, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle.
(3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $36.00 ef $26.00 $60.00 or $50.00 when sack reinstatement is processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that for any owner whose driver's license has been suspended pursuant to this paragraph who provides satisfactory proof of continuous minimum insurance coverage shftH only pay a restoration fee the commissioner may waive the lapse fee and the restoration fee and shall not be deemed to have violated Code Section 40-5-121.
(4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license, license tag, and tag registration for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license, license tag, and tag registration to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $36.00 er $26.00 $60.00 or $50.00 when sack reinstatement is processed by mail to the department, the suspension shall terminate and the department shall return the driver's license, license tag, and tag registration to the owner of the motor vehicle."
Section 25. Said title is further amended by striking Code Section 40-5-75, relating to suspension of a driver's license for a conviction of possession of drugs, in its entirety and inserting in lieu thereof a new Code Section 40-5-75 to read as follows:
"40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of the assessment component and either the education/intervention component or the intensive intervention component of a DUI alcohol er d*ag ase risk- reduction program Alcohol or Drug Use Risk Reduction Program as prescribed by the Department of Human Resources and pays to the Department of Public Safety a restoration fee of $36.00 <w $26.00 $210.00 or $200.00 when aaeh reinstatement is processed by mail. For
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JOURNAL OF THE HOUSE,
purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of the intensive intervention component of a DUI alcohol ef drug te risk reduction program Alcohol or Drug Use Risk Reduction Program as prescribed by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $36.00 <* $26.00 $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he is regularly enrolled as a student; or (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner.
(b) Whenever a person is convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30, the court in which such conviction is had shall require the sur-
render to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public
Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense
resulting in such suspension; provided, however, that, effective January 1, 1992, if, at the time of conviction of unlawful possession of a controlled substance or marijuana, the person does not have a driver's license or the person's driver's license has been previ-
ously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a driver's license.
WEDNESDAY, MARCH 25, 1992
3653
(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete the assessment and education/intervention components of a First Offender DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety.
(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety. (d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required components of a DUI alcohol or drug s risk reduction program Alcohol or Drug Use Risk Reduction Program and a restoration fee of $36.00 er $26.00 $210.00 or $200.00 when seh reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit. (e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section. (f) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.
(g) Notwithstanding the provisions of Code Section 15-11-38 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section.
(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete an assessment component and an education/intervention component or intensive intervention component of a DUI alcohol er drug se risk reduction program Alcohol or Drug Use Risk Reduction Program operated by or under contract with the juvenile court in lieu of a program as prescribed by the Department of Human Resources."
Section 26. Said title is further amended by striking Code Section 40-5-103, relating to the fee for an identification card, in its entirety and inserting in lieu thereof a new Code Section 40-5-103 to read as follows:
"40-5-103. (a) T-he Except as provided in subsections (b) and (c) of this Code section, the department shall collect a fee of $6.00 $10.00 for the identification card, which
3654
JOURNAL OF THE HOUSE,
fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees.
(b) The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agreement with the Department of Public Safety whereby such organization verifies that the individual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements.
{b} (c) The department shall not be authorized to collect a fee for an identification card from those persons who are entitled to a free veterans' driver's license under the provisions of Code Section 40-5-36."
Section 27. Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-2, relating to annual license fees, in its entirety and inserting in lieu thereof a new Code Section 48-10-2 to read as follows:
"48-10-2. The annual fees for the licensing of the operation of vehicles shall be as follows for each vehicle registered:
(1) For each passenger motor vehicle not operated as a common or contract carrier for hire....................................................................... $ &66 20.00
(2) For each motorcycle................................................................................. &ee 20.00
(3) (A) For each private truck in accordance with the owner declared gross vehicle weight, as follows:
(i) Less than 14,000 Ibs...................................................................... &W 20.00
(ii) 14,000 to 18,000 Ibs........................................................................ 20^6 25.00
(iii) 18,001 to 26,000 Ibs......................................................................... 39^0 38.00
(iv) 26,001 to 30,000 Ibs....................................................................... 40=60 45.00
(v) 30,001 to 36,000 Ibs....................................................................... 60:90 70.00
(vi) 36,001 to 44,000 Ibs.......................................................................100.00 115.00
(vii) 44,001 to 54,999 Ibs........................................................................176.00 190.00
(viii) 55,000 to 63,280 Ibs.........................................................................276.00 300.00
(ix) 63,281 Ibs. to maximum permitted............................................. SWrOO 400.00
(B) Subparagraph (A) of this paragraph notwithstanding:
(i) A straight truck which is not a truck-tractor shall not be classified higher than $60.00 $75.00;
(ii) A straight truck hauling fertilizer and agricultural products shall not be classified higher than $26.00 $31.00; and
(iii) A truck-tractor hauling fertilizer or milk shall not be classified higher than $176.00 $220.00;
(4) For each farm truck................................................................................. &09 20.00
(5) Except as otherwise specifically provided in this Code section, for each private trailer.............................................................................. &60 20.00
(6) (A) For each farm trailer including, but not limited to, horse and cattle trailers, the maximum fee shall be $6.00 $12.00.
(B) There shall be no fee for trailers:
WEDNESDAY, MARCH 25, 1992
3655
(i) Used exclusively to haul agricultural products from one place on the farm to another or from one farm or field to another;
(ii) With no springs which are being employed in hauling unprocessed farm products to their market destination; and
(iii) With no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm;
(7) For house trailers, auto trailers, and boat trailers, whether pulled by a private automobile or a private truck, and not used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire..................................................
&00 12.00
(8) For trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire.............. 8.09 12.00
(9) For each motor bus or van-type vehicle used as a common or contract carrier for hire in public transportation transporting passengers, the following:
(A) Weighing 10,000 pounds or less, $i0 $1.90 per 100 pounds factory weight or fractional part of 100 pounds factory weight;
(B) Weighing more than 10,000 pounds and not over 15,000 pounds factory weight, $2.20 $2.75 for each 100 pounds or fractional part of 100 pounds factory weight;
(C) Weighing more than 15,000 pounds and not more than 20,000 pounds factory weight, $2.76 $3.45 for each 100 pounds or fractional part of 100 pounds factory weight; and
(D) Weighing more than 20,000 pounds factory weight, $&00 $3.75 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00 $875.00;
(10) (A) For each truck or nonpassenger-carrying motor vehicle operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight, as follows:
(i) Less than 14,000 Ibs.
&09 20.00
(ii) 14,000 to 18,000 Ibs........................................................................ 30:09 25.00
(iii) 18,001 to 26,000 Ibs......................................................................... 3&00 38.00
(iv) 26,001 to 30,000 Ibs....................................................................... 800 85.00
(v) 30,001 to 36,000 lbs.......................................................................J2&90 130.00
(vi) 36,001 to 44,000 Ibs.......................................................................200.00 215.00
(vii) 44,001 to 54,999 Ibs........................................................................869^9 365.00
(viii) 55,000 to 63,280 Ibs.........................................................................66&00 575.00
(ix) 63,281 Ibs. to maximum permitted .............................................700.00 725.00
(B) Subparagraph (A) of this paragraph notwithstanding, a straight truck which is not a truck-tractor shall not be classified higher than $120.00 $150.00;
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JOURNAL OF THE HOUSE,
(11) For each truck leased to a common or contract carrier without regard to the duration of the lease and in accordance with the owner declared gross vehicle weight, the same license fees as required under paragraph (10) of this Code section;
(12) For each motor driven hearse or ambulance........................................
&Q6 20.00
(13) For each school bus operated exclusively in the transportation of pupils and teachers to and from schools or school activities or in the transportation of the owner and the members of his immediate family, the sum of $6.00 $20.00. A bus owned by a church or owned in common with other churches and used and operated exclusively for the church in transporting members and patrons to and from church or church activities, when no part of the proceeds of the operation of the bus inures to the benefit of any private person, shall be licensed for the sum of $6.00 $20.00 in the same manner as school buses when the bus complies with the laws applicable to school buses;
(14) For each motor vehicle owned by the state or by a political subdi-
vision or municipality of the state and used exclusively for gov-
ernmental functions.............................................................................
1.00
(15) For each motor vehicle used by carriers and operated under special franchise granted by the United States Department of Defense over a route of not more than 20 miles in length which is solely between a point in this state and a point within a United States military reservation in this state.............................
6r00 20.00
(16) Heavy earth-moving machinery, not including trucks, used primarily off the highway shall not be required to be licensed under this chapter;
(17) (A) Trucks transporting logs, pulpwood, or other forest products shall be licensed in accordance with the following annual fees:
(i) Straight trucks and truck-tractors pulling a single pole trailer hauling logs from the woods to the sawmill................ 30.00 38.00
(ii) Other truck-tractors......................................................................... 176.00 220.00
(B) Skidders, tractors, and loaders used only in the woods shall not be required to be licensed. Trucks and truck-tractors specified in subparagraph (A) of this paragraph shall be licensed in accordance with this paragraph even though the trucks or truck-tractors are also used to transport skidders, tractors, loaders, and other logging equipment. Trucks and trucktractors specified in subparagraph (A) of this paragraph shall not be required to pay additional fees or obtain additional license plates in order to transport logging equipment owned by the owner of the trucks or truck-tractors."
Section 28. Said chapter is further amended by striking Code Section 48-10-2.1, relating to fees for apportionable vehicles, in its entirety and inserting in lieu thereof a new Code Section 48-10-2.1 to read as follows:
"48-10-2.1. (a) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles not operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows:
WEDNESDAY, MARCH 25, 1992
3657
(1) 26,001 to 30,000 Ibs.................................................................................. $ 4&QQ 45.00
(2) 30,001 to 36,000 Ibs.................................................................................. 60=96 70.00
(3) 36,001 to 44,000 Ibs.................................................................................. 100.00 115.00
(4) 44,001 to 54,999 Ibs.................................................................................. 176.00 190.00
(5) 55,000 to 63,280 Ibs.................................................................................. STfcfle 300.00
(6) 63,281 Ibs. to maximum permitted........................................................ ST&rOe 400.00
(b) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows:
(1) 26,001 to 30,000 Ibs.................................................................................. $ 8&QQ 85.00
(2) 30,001 to 36,000 Ibs.................................................................................. 120.00 130.00
(3) 36,001 to 44,000 Ibs..................................................................................200.00 215.00
(4) 44,001 to 54,999 Ibs..................................................................................860.00 365.00
(5) 55,000 to 63,280 Ibs..................................................................................660.00 575.00
(6) 63,281 Ibs. to maximum permitted........................................................ TO&66 725.00
(c) For each apportionable motor bus or van-type vehicle the fee is $3.00 $3.75 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00 $875.00.
(d) Trucks transporting logs, pulpwood, or other forest products shall be issued restricted license plates and the fees shall be as enumerated in Code Section 48-10-2.
(e) Each school bus operated exclusively in the transportation of pupils and teachers to and from schools or school activities or in the transportation of the owner and his immediate family shall be issued a restricted license plate for the sum of $5.00. A bus owned by a church or owned in common with other churches and used and operated exclusively for the church in transporting members and patrons to and from church or church activities, when no part of the proceeds of the operation of the bus inures to the benefit of any private person, shall be issued a restricted license plate for the sum of $5.00 in the same manner as school buses when the bus complies with the laws applicable to school buses.
(f) A truck or a truck-tractor hauling fertilizer or milk shall be issued a restricted license plate with the fee computed in accordance with Code Section 48-10-2.
(g) A farm vehicle shall be issued a restricted license plate with the fee computed in accordance with Code Section 48-10-2."
Section 29. Said chapter is further amended by striking Code Section 48-10-3, relating to registration and licensing of manufacturers and dealers, in its entirety and inserting in lieu thereof a new Code Section 48-10-3 to read as follows:
"48-10-3. (a) Manufacturers and dealers engaged in the manufacture or sale of motor vehicles, tractors, or trailers shall register with the commissioner and shall apply for a distinguishing dealer's number. The application shall specify the name and make of motor vehicle, tractor, or trailer manufactured or sold by the applicant and shall be made upon forms prepared by the commissioner. The applicant shall pay at the time of making application a fee of $26.00 $31.00. For the fee, the commissioner shall furnish the applicant one number plate to be known as a dealer's number and to be distinguished from the number plates provided in this Code section by a different and distinguishing color to be determined by the commissioner. The dealer's number plate shall have the word 'Dealer' on its face and shall be used for the purpose of demonstrating or transporting a manufacturer's or dealer's vehicles or trailers for sale. No dealer or
3658
JOURNAL OF THE HOUSE,
manufacturer may use or permit to be used a dealer's number for private use or on cars for hire or for lease or in any other manner not provided in this Code section.
(b) In the event a dealer or manufacturer desires more than one number plate, he shall so state on the application and, in addition to the fee of $26.00 $31.00, shall pay a fee of $6.00 $6.00 for each additional number plate furnished.
(c) Each person engaged in the business of transporting motor vehicles for others under the motor vehicle's own power shall be entitled to obtain license plates under this Code section, but the plates shall be used only on vehicles being transported.
(d) Each person engaged in the business of transporting mobile homes and house trailers for others shall be entitled to obtain license plates under this Code section.
(e) This Code section shall not apply in any manner to farm tractors."
Section 30. Said chapter is further amended by striking Code Section 48-10-6, relating to transfers of annual license plates, in its entirety and inserting in lieu thereof a new Code Section 48-10-6 to read as follows:
"48-10-6. The annual license and plate issued for the operation of a vehicle described in paragraph (3), (9), or (10) of Code Section 48-10-2, except those named in divisions (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (10)(A)(i), (10)(A)(ii), and (10)(A)(iii) of Code Section 48-10-2, may be transferred with the approval of the commissioner from a destroyed or retired motor vehicle to another vehicle upon payment of a transfer fee of $1.00 $5.0_Q and upon presentation of an appropriate application for transfer. If the substituted vehicle normally calls for a higher-priced plate than the vehicle displaced, a proportionate additional fee shall be paid for the remainder of the taxable year."
Section 31. Sections 1, 2 through 11, 13 through 15, 27, and 29 of this Act shall become effective May 15, 1992, Section 28 shall become effective January 1, 1993, and the remaining sections of this Act shall become effective April 1, 1992.
Section 32. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Senate substitute to HB 1145 by striking lines 25 through 29 of page 44 in their entirety and inserting in lieu thereof the following:
"Section 31. Sections 1 through 15, 17, 27, 29, and 30 of this Act shall become effective June 1, 1992. Section 16 shall become effective May 1, 1992. Section 28 shall become effective January 1, 1993. All other sections of this Act shall become effective April 1, 1992."
Representative Porter of the 119th moved that the House agree to the Senate substitute, as amended by the House, to HB 1145.
On the motion, the roll call was ordered and the vote was as follows:
Y Abe. -thy N Adams
Aiken Y Alford N Ashe N Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron N Barnett.B N Barnett.M
Y Bates N Beatty Y Benefield Y Birdsong
Y Blitch Bordeaux
Y Bostick N Branch N Breedlove
Y Brooks N Brown N Brush
YBuck Y Buckner
YByrd N Campbell
N Canty Y Carrell
Y Carter Y Cauthorn
N Chafin
Y Chambless Y Cheeks Y Childers N Clark.E N Clark.L N Coker Y Coleman
Colwell Y Connell N Culbreth Y Cummings.B Y Cummings,M N Davis.D N Davis.G N Davis.M
Y Dixon.H
N Dixon.S Y Dobbs Y Dover
Dunn Edwards N Elliott N Felton Y Fennel Floyd.J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden N Goodwin E Green
Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Hanner N Harris.B Y Harris.J N Heard Y Henson Y Herbert Y Holland Y Holmes N Howard N Hudson N Irwin
WEDNESDAY, MARCH 25, 1992
3659
N Jackson Y Jamieson N Jenkins N Jones Y Kilgore YKing N Kingston N Klein N Ladd Y Lane.D
Y Lane.R N Langford N Lawrence N Lawson
YLee Y Long YLord
Lucas
N Mann
Y Martin
Y McBee N McCoy Y McKelvey N McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam E Mills N Mobley N Moody
N Morsberger
Y Moultrie N Mueller Y Oliver.C Y Oliver.M
NOrr
Y Orrock
Y Padgett Y Parham
Y Parrish Y Patten
Y Pelote
N Perry
Y Pettit N Pinholster Y Pinkston N Poag Y Porter
Poston N Powell.A Y Powell.C
N Presley N Purcell Y Randall N Ray Y Reaves
Redding Y Ricketson
Y Royal
On the motion, the ayes were 98, nays 67. The motion prevailed.
Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P N Smith.T N Smith.W Y Smyre Y Snow Y Stancil.F
N Stancil.S Y Stanley Y Streat Y Taylor Y Teper N Thomas.C Y Thomas.M
Thomas.N
Y Thurmond N Titus N Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan N Walker.J Y Walker.L N Wall Y Watson Y Watts Y White
N Wilder N Williams.B
Williams,J N Williams.R
Y Yeargin Murphy,Spkr
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 "nay" thereon.
Representative Poston of the 2nd 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 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 moved that the House reconsider its action in giving the requisite constitutional majority to HB 1145.
On the motion, the roll call was ordered and the vote was as follows:
N Abernathy N Adams
Aiken
N Alford
Y Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch
Bordeaux Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush NBuck N Buckner
NByrd
Y Campbell N Canty
N Carrell N Carter
N Cauthorn
Y Chafin
Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker N Coleman N Colwell N Connell N Culbreth Y Cummings.B N Cummings.M Y Davis.D N Davis.G Y Davis.M N Dixon.H Y Dixon.S N Dobbs N Dover
Dunn
Edwards
Y Elliott Y Felton
Y Fennel Floyd,J.M
N Floyd,J.W N Flynt N Godbee N Golden
Y Goodwin E Green N Greene
Y Griffin
N Groover
N Hamilton N Hammond N Manner Y Harris.B N Harris,J Y Heard N Henson N Herbert N Holland N Holmes Y Howard Y Hudson
Y Irwin
Y Jackson
N Jamieson
N Jenkins Y Jones N Kilgore
NKing Y Kingston Y Klein YLadd N Lane.D N Lane.R Y Langford Y Lawrence
Y Lawson
NLee N Long N Lord
N Lucas Y Mann N Martin N McBee Y McCoy N McKelvey
McKinney.B N McKinney.C Y Meadows N Merritt N Milam E Mills Y Mobley Y Moody Y Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M
YOrr N Orrock
N Padgett N Parham N Parrish N Patten N Pelote Y Perry
N Pettit Y Pinholster N Pinkston YPoag N Porter
Poston Y Powell.A N Powell.C
Y Presley N Purcell N Randall NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson Y Sinkfield N Skipper N Smith.L N Smith.P N Smith.T Y Smith.W
Y Smyre
N Snow
Y Stancil.F Y Stancil.S
N Stanley N Streat
3660
JOURNAL OF THE HOUSE,
N Taylor N Teper N Thomas.C Y Thomas.M N Thomas.N
N Thurmond Y Titus Y Tolbert
Townsend N Turnquest
Twiggs N Valenti Y Vaughan N Walker,J N Walker.L
Y Wall N Watson N Watts N White Y Wilder
Y Williams.B Williams.J
Y Williams.R N Yeargin
Murphy.Spkr
On the motion, the ayes were 64, nays 100. The motion was lost.
By unanimous consent, HB 1145 was ordered immediately transmitted to the Senate.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 1308.
By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Code Section 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, so as to specify that such part shall not be construed as repealing or modifying the provisions of Article 10 of Chapter 1 of Title 10, relating to the sale and storage of liquefied petroleum gas; to provide for reenactment.
The following Senate substitute was read:
A BILL
To amend Code Section 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, so as to specify that standards relative to liquefied petroleum gas shall be governed by Article 10 of Chapter 1 of Title 10; to provide for statutory construction; to provide for reenactment; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, is amended by adding a new subsection (e) to read as follows:
"(e) Standards relative to liquefied petroleum gas shall be governed by Article 10 of Chapter 1 of Title 10 and no provision of this part shall be construed to permit the adoption of standards, rules, or regulations relative to liquefied petroleum gas by the Department of Community Affairs or the adoption by local governments of regulations or ordinances relative to liquefied petroleum gas in conflict with Article 10 of Chapter 1 of Title 10."
Section 2. Article 10 of Chapter 1 of Title 10 as contained in the Official Code of Georgia Annotated published under authority of the state by the Michie Company in 1982 and contained in Volume 8 of such publication as amended by the text and numbering of Code Sections as contained in the 1991 supplements to the Official Code of Georgia Annotated published under authority of the state in 1991 by the Michie Company is reenacted and shall have the effect of a statute enacted by the General Assembly of Georgia.
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, MARCH 25, 1992
3661
Representative Pettit of the 19th moved that the House agree to the Senate substitute to HB 1308.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B Y Cummings.M
Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Fennel Floyd.J.M
Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Y Heard
Y Henson Y Herbert Y Holland Y Holmes
Y Howard Hudson
Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
On the motion, the ayes were 150, nays 0. The motion prevailed.
E Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y 01iver,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
Poston Y Powell,A Y Powell.C Y Presley 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 Y Smyre YSnow
Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M
Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R
Yeargin Murphy T Spkr
Representatives Fennel of the 155th and Poston of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto:
SB 10. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a municipal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.
Representative Holmes of the 28th moved that the House insist on its position in substituting SB 10 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.
3662
JOURNAL OF THE HOUSE,
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Holmes of the 28th, Pinkston of the 100th and Dixon of the 151st.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 1114.
By Representative McKinney of the 35th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to authorize the creation of additional boards of equalization in each county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.
The following Senate substitute was read:
A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to authorize the creation of additional boards of equalization in each county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census; to provide for requirements, conditions, and limitations to the entering into of certain contracts with respect to the assessment, evaluation, and revaluation of ad valorem taxes by certain municipal corporations which lie in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county in this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census; to provide for a contingent effective date; to provide for automatic repeal; 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 the creation of county boards of equalization, is amended by striking paragraph (3) of subsection (a) which reads as follows:
"(3) Reserved.", and inserting in its place new paragraphs (3) and (4) to read as follows:
"(3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section.
(4) (A) (i) Until December 31, 1996, any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census and which has an independent school system coextensive with its boundaries shall contract with the county in which the majority of the population of such municipal corporation resides to provide for the assessment, evaluation,
WEDNESDAY, MARCH 25, 1992
3663
and revaluation of ad valorem taxes on property which lies in any portion of such municipal corporation located in a county other than the contracting county and to provide for the contracting county to process, hear, and dispose of all administrative appeals of property tax assessments relating to such property.
(ii) On and after January 1, 1997, any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census and which has an independent school system coextensive with its boundaries may contract with the county in which the majority of the population of such municipal corporation resides to provide for the assessment, evaluation, and revaluation of ad valorem taxes on property which lies in any portion of such municipal corporation located in a county other than the contracting county and to provide for the contracting county to process, hear, and dispose of all administrative appeals of property tax assessments relating to such property. (B) Any municipal corporation which enters into any contract under division (i) or (ii) of subparagraph (A) of this paragraph shall obligate itself by such contract to reimburse the contracting county for the actual costs incurred by such county for providing the services described in division (i) or (ii) of subparagraph (A) of this paragraph."
Section 2. This Act shall become effective on July 1, 1992; provided, however, that this Act shall only become effective if HB 1117, relating to the repeal of certain provisions authorizing any county in this state having a population of not less than 400,000 nor more than 550,000 according to the United States decennial census of 1970 or any future such census to have additional boards of equalization is passed, becomes law, and becomes effective on or before June 30, 1992; otherwise, this Act shall be void and shall be automatically repealed on July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative McKinney of the 35th moved that the House agree to the Senate substitute to HB 1114.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
HB 1125.
By Representatives Poston of the 2nd, Fennel of the 155th, Orr of the 9th, Meadows of the 91st, Smith of the 16th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to create the State Ethics Commission; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying.
The following Resolution of the House was read and referred to the Committee on Rules:
3664
JOURNAL OF THE HOUSE,
HR 1171. By Representatives Martin of the 26th, Lee of the 72nd and Chambless of the 133rd:
A resolution commending Officer Joe R. Ledford, an Atlanta traffic police officer for 31 years; inviting him to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 1172.
By Representatives Sherrill of the 47th, Murphy of the 18th, Groover of the 99th, Alford of the 57th, Thomas of the 69th and others:
A resolution honoring Colonel Aubrey T. Villines and wishing for him and his family God's strength and blessings.
HR 1173. By Representative Adams of the 79th: A resolution congratulating Mrs. B. C. Adams, Sr.
HR 1174. By Representatives Greene of the 130th, Royal of the 144th, Bostick of the 138th, Carter of the 146th and Moultrie of the 93rd:
A resolution commending Honorable Robert Bennett on the occasion of his retirement.
HR 1175. By Representative Ladd of the 44th:
A resolution recognizing the month of May as "United Cerebral Palsy Month".
HR 1176. By Representatives Dover of the llth, Coleman of the 118th, Colwell of the 4th and Twiggs of the 4th:
A resolution commending Norman Moye, Ed.D.
HR 1177. By Representative Mobley of the 64th: A resolution commending Amelia Williams Camp.
HR 1178. By Representative Mobley of the 64th: A resolution commending Beatrice Hunter Kinney.
HR 1179. By Representatives Pelote of the 127th and Merritt of the 123rd: A resolution commending Mr. Lester Anthony.
HR 1180. By Representatives Oliver of the 121st, Murphy of the 18th, Walker of the 115th, Floyd of the 154th, Jenkins of the 80th and others:
A resolution expressing condolences relative to the passing of William Robert Rushing.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
WEDNESDAY, MARCH 25, 1992
3665
SB 489. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to implied consent; to provide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibition against driving under the influence of alcohol.
The following Committee substitute was read and withdrawn:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to implied consent; to provide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibition against driving under the influence of alcohol; to change the period of suspension for refusal of a test for determining whether a driver is under the influence of alcohol; to provide for periods of suspension or disqualification; to provide for temporary driving permits and limited driving permits; to provide for procedures; to provide for notice; to provide for administrative and judicial review; to change certain reinstatement procedures and requirements; to clarify the nature and applicability of certain driver improvement programs; to provide for editorial revision; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct incorrect references to Title 40; to provide for related matters; to provide for the eventuality of a conflict with certain other legislation; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking Code Section 40-5-55, relating to implied consent to chemical tests, in its entirety and inserting in lieu thereof a new Code Section 40-5-55 to read as follows:
"40-5-55. (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concentration of 0.10 grams or more at any time within three hours after operating a motor vehicle from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without prescription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, or urine2 or other bodily substances? for the purpose of determining the alcoholic e* d*ttg content ef his blood presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. ^Fhe test or tests shall fee administered t the request ef a law enforcement officer
control of ft moving motor vciiicic upon trie fti^ftwoys or ciscwricrc
nf C!rtHp Spptinn A A_fi_QO1 Thp 4-pn-f r\r 4-pq-f n qhnll V\ft fiH minintprpH
ciscwficrc tiirou^nout tins stfttc wfto is involved m sny tfdittc ftccmcnt resulting m~ SCM mcnt officer shall designate which ef- the aforesaid tests shall be administered, provided
3666
JOURNAL OF THE HOUSE,
vehicle involved in a traffic accident resulting in acrioua injuries ef fatalities. (b) Any person who is dead, unconscious, or otherwise in a condition rendering him
incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392.
resulting in acrioua injuries er fatalities refuses, upon the request ef a tew enforcement officer, to suDmit to ft cnemicfti test design&ted Dy trie iflw enforcement otiicer ft& pro* vided tfi suDSec11on \stj ot tins Oode section,1 no test stisll tie given} out tne dep&Ftment, upon the receipt ef a sworn report ef- the tew enforcement officer that he had- reasonable grounds te believe the arrested person had been driving ef was m actual physical control ef a moving motor vehicle upon the highways ef elsewhere throughout this state in violation of oode beetion 4U"0"ol/ 1 OP tnftt sucn person fts t ueen driving OP wss "tfl Qctusl
ifttQIitics ftnd t)ndt tne person n&d perused to suumit to tne test upon tne request ot tne
Administpfltive .procedure Act, find except fts otnerwise provided ~H5 this Oode section^ notny tiie person tnflt his license 19 to De suspended, suoject to review fts provided top tft this cnftpter. ~i ne swopn report recjuired vy this suoscction OT 8 iflw enforcement oiii~ ccr re^flrdin^ tne rciusfli ot 8.n flppestcd person to suomit to s cnemic&i test snflll be
sen; and the period ef auspcnaion shall begin te ra eniy after aH administrative hear 111^9 ctnd flppe&is ndve oeen exnfiusted< Any report ot ~fl iflw cniopcement oiticer wnicft
arrcat ahaH be filed by the department for reeefd purpoaea only, and- ne action shall be taken by the department. As used in this subsection, the ten 'transmitted' shall meandeposited with the United States Postal Service, and a repert under this subsection shall
\Q/ i ne pepson so notiticd nifty repjuest ft neftping witnm ten ddys tpom tne dfite ot receipt ef notice sent by certified mail. Within 36 days after receiving a written request
60; the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order ot suspension OP rescind sucn order, it no ne&rin is peQuested witnm tne ten dflys speciiied ft Dove, tne pi^nt to ft neftpin^ snflii nsve Deen wsived ftnd tne1 Heenae ef the driver shall be suspended.
Dcen suspended under tnis trodc section stiftii nflve ft ri^nt to tile IOP st judicisl review
tn?Tf f\nh.in\^ rvA^n&r^trnurrti/miiinciniLt'as fiiiiniuni1 ^uocruJiaoinrjtini, mnqs rjyvrT\-jov^ijtitftl?oHu flur\rr jTyT>I O vyKiinor|Jtvtocrr T1 OO OnTf 'iTijttilnc uKufl, jt\u\tt;\ T\^jcnurtrrfgriiofl
ment sti&ii not i&e stflyed. if)--Subject te the limitationa ef this subsection, any tew enforcement officer whe
tttcnd3 d tietiring provided IOP Dy su Dsection \dy t tnis oode section IOP ttte purpose
ftmount ot ip^"*'-'" top eficri ddy s ftttendflnce st sucn nesring. in the event d iftw eniorce mcnt oilicer gives tes11mony st two OP more cttttepent neftrmgs on tne ss.me dsy, sucn
vided fer in this subsection shall net be paid te any tew enforcement officer whe is en regular duty er whe is en a lunch er other break from regular duty at the time the efficcr Qttcnds flny sucn ncuring. i ne compensation provided IOP oy tnis suosection snftii be paid te the tew enforcement officer by the department from department funds at sucn time &nd m sucn mftnnep fts tne ooflpo ot ruulic ofllety snftll provide oy pules of
ot sftid DOflPd. i ne ooflpd" ot ruuiic ofliety snsii 8.1so rep,uire vepiticstion
tien by requiring the completion ef- an appropriate document in substantially the follow-
WEDNESDAY, MARCH 25, 1992
3667
IMPLIED CONSENT HEARING ATTENDANCE RECORD
l*J,t*J, iH_.
Street--------6%----------State
TcjLipr vnu^-ujc-
DATE: ------------------------------------------------------ TIME:------------------------------AAfc
PrMv
hearing as a witness ei complainant e the date and time shown above. HEARING
I certify that I appeared at the implied consent hearing described above e the date tnd time shown SDOVC find tnfi.t T wfts not on rc^julsr fluty ~rt trie time "Ot sitendin
4-ip VipnriTiP' nTiH thnt i
nflve not received find wiii not receive coni'pensfltion irom my rc^uiQr 6mpioyer tor
APPROVED FOR PAYMENT; --------~
'
=
Section 2. Said title is further amended by striking Code Section 40-5-63, relating to periods of suspension and conditions of return of a license, in its entirety and inserting in lieu thereof a new Code Section 40-5-63 to read as follows:
"40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391^ unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(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 sus pension 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 er $26.00 $210.00 or $200.00 when such reinstate ment is processed by mailj provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be rein stated if such person submits proof of completion of either a defensive driving pro gram approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain sus pended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo coatendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contend ere is accepted, shall not be considered a conviction; however, the court having juris diction 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 dis position shall be kept on file for the purpose of considering and counting such
3668
JOURNAL OF THE HOUSE,
accepted plea of nolo contenders 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 rein stated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a res toration fee of $36.00 er $26.00 $210.00 or $200.00 when processed by mai!2 provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Pub lic Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For pur poses of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions.
provided, nowever, tn&t trie license suspension of ft person wno retused to suomit to ft
fpn+ ,... f pq+q --..,...jJ -- fl iy. fi/wJA Spf^tifttl jf> c^cc V>i|i- vnrhn within "1QA (iftyq f*f thp HotP nf
nyi-pof prifpTq ft nlpfl n guilty fn ft f'VlfirP'P nf Viol fltlTIP' OnHp Rpptinn ^| A_C_OQ1 ghnll hp
deleted upon tne ficceptsnce ot sucn pies dud receipt Dy trie i_/epftptment of iruoiic Safety ef a authorization frem the prosecutor or-, where there is ne prosecutor, from tnc judge autnorizing tnc deletion. TT ft person wno nas rctuscd v& submit tt^ ft test o? tests provided tor m oodc ocction 4U"O"oo nas been cnargcd witn Homicide by & vcniclc
fts provided tR ijodc OCCWOR 4U"0"oU4, tnc period or tnc suspension snail we tor T^
4e) (b) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violat ing Code Section 40-6-391.
44) (c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a the applicable restoration fee ef- $36.00 er $26.00 when such reinstate-
$e) (d) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by
WEDNESDAY, MARCH 25, 1992
3669
vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving per mit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction."
Section 3. Said title is further amended by striking Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new Code Section 40-5-64 to read as follows:
"40-5-64. (a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57, or 40-5-63, or 40-5-67.2 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with subsection (d) of Code Section 40-5-57, ef paragraph (1) of subsection (a) of Code Section 40-5-63 or paragraph (1) of subsection (a) of Code Section 40-5-67.2, provided that such person has not had his driver's license suspended under Code Section 40-5-68.
(b) Application form. Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such informa tion as is necessary for the department to determine the need for such permit. All appli cations shall be signed by the applicant before a person authorized to administer oaths.
(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
(1) Going to his place of employment or performing the normal duties of his occu pation;
(2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver's license or by the commissioner. (d) Conditions attached. A limited driving permit shall be endorsed with such condi tions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; and (5) Such other restrictions as the department may require. (e) Duration of permit. A permit issued pursuant to this Code section shall be $5.00 and shall be nonrenewable and shall become invalid upon the expiration of one year fol lowing the effective date of suspension of the applicant's driver's license, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit, immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges inconsist ent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately
3670
JOURNAL OF THE HOUSE,
following such conviction may apply to the department for a permit. Upon the appli cant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit.
(f) Liability of issuing officer. No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a lim ited driving permit in reliance on the truth of the affidavits required by this Code sec tion.
(g) Revocation of permit. (1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction.
(2) Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surren dered to the department. The department may impose an additional period of suspen sion for the conviction upon which revocation of the permit was based, (h) Hearings. Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said chapter. (i) Rules and regulations. The board may promulgate such rules and regulations as are necessary to implement this Code section. (j) Penalty. Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-5-66, relating to appeals from the department, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection {e} (h) of Code Section 40-6-66 40-5-67.1 and subsection (h) of Code Section 40-5-64, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his resi dence or in the Superior Court of Fulton County. Such appeal shall name the commis sioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance."
Section 5. Said title is further amended by striking Code Section 40-5-67, relating to seizure and disposition of the driver's license of a person charged with driving under the influence, in its entirety and inserting in lieu thereof a new Code Section 40-5-67 to read as follows:
"40-5-67. (a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uni form traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforce ment officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(b) At the time the law enforcement officer takes the driver's license, he shall issue a temporary driving permit to the personr as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 20 day temporary driving permit;
WEDNESDAY, MARCH 25, 1992
3671
If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood alcohol concentration of at least the level at which the driver's license is to be suspended under Code Section 40-5-67.1, the officer shall issue a 20 day temporary driving permit;
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood alcohol concentration of less than the level for an administrative suspension of the license under Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit. This temporary driving permit shall be valid until the expiration ef- W0 days, for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed, (c) (1) If the person is convicted of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to sub section (b) of this Code section.
(2) If the person is not convicted of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the
Code Section 40-6-66. If the person refused te submit te such test; the driver's license ohall be forwarded te the Department ef- Public Safety fer disposition kt accordance
which was held in accordance with subsection (d) ef- Code Section 40-6-66."
Section 6. Said title is further amended by adding new Code Sections 40-5-67.1 and 40-5-67.2 to read as follows:
"40-5-67.1. (a) The test or tests required under Code Section 40-5-55 shall be administered as soon as possible at the request of a law enforcement officer having rea sonable 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 and the officer has arrested such person for a vio lation of Code Section 40-6-391, any federal law in conformity with Code Section 40-6-391, or any local ordinance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test shall be administered, provided that the officer shall require a breath test or a blood test and may require a urine test.
(b) At the time a chemical test or tests are requested, the person shall be informed by the arresting officer that:
(1) Georgia law requires the person to submit to a test to determine if the person is under the influence of alcohol or other drugs;
(2) If the testing is refused, the person's driver's license or right to drive will be suspended for a period of one year or, if the person is under age 18, for a period of one year or until the age of 18, whichever is greater, or, if the vehicle is a commercial vehicle, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(3) If a test is performed and the results indicate a blood alcohol concentration of 0.10 grams or more, the driver's license or right to drive will be suspended for a mini mum period of one year or, for a person under the age of 18, a blood alcohol concen tration of 0.06 grams or more, the person's driver's license or right to drive will be suspended for a minimum period of one year or until the age of 18, whichever is greater, and if the vehicle was a commercial motor vehicle and the test results indicate the presence of any alcohol, the person will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours, and if the results indicate
3672
JOURNAL OF THE HOUSE,
a blood alcohol concentration of 0.04 grams or more, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(4) After submitting to the required testing, the person shall be entitled to obtain an additional test or tests at the expense of such person; and
(5) The refusal to submit to a test may be offered into evidence against the person at trial.
Failure to provide any notice required under this subsection shall not invalidate the sus pension pursuant to this Code section of any driver's license.
(c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more or, for a person operating or in actual physical control of a com mercial motor vehicle, a blood alcohol concentration of 0.04 grams or more, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested per son had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traf fic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more, the department shall sus pend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year.
(d) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as pro vided in subsection (a) of this Code section, no test shall be given; but the law enforce ment officer shall report the refusal to the Department of Public Safety. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in viola tion of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, the department shall suspend the person's driver's license, per mit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the person's driver's license, permit, or nonresident operating privilege, subject to review as provided for in this chapter.
(e) If the person is a resident without a driver's license, commercial driver's license, or permit to operate a motor vehicle in this state, the department shall deny issuance of a license or permit to such person for the same period provided in subsection (c) or (d) of this Code section, whichever is applicable, for suspension of a license or permit or disqualification to operate a commercial motor vehicle subject to review as provided for in this chapter.
(f) (1) The law enforcement officer, acting on behalf of the department, shall per sonally serve the notice of intention to suspend or disqualify the license of the
WEDNESDAY, MARCH 25, 1992
3673
arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more or, for a person operating or in actual physical control of a commercial motor vehicle, a blood alcohol concentration of 0.04 grams or more. The law enforcement officer shall take possession of any driver's license or permit held by such person, if any, and shall issue a 20 day tempo rary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the Depart ment of Public Safety from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section.
(2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's driver's license, permit, or nonresident operating privilege or disqualify such person from operating a motor vehicle and, by first-class mail at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or dis qualification, and the right to review. The notice shall be deemed received three days after mailing. (g) (1) A person whose driver's license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code Section may request, in writing, a hearing within five calendar days from the date of personal notice or receipt of notice sent by first-class mail. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded.
(2) The scope of the hearing shall be limited to the following issues: (A) Whether the law enforcement officer had reasonable grounds to believe the
person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or
(B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
(C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and
(D) Whether the person refused the test; or
(E) Whether a test or tests was administered and the results indicated a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, a blood alcohol con centration of 0.04 grams or more; and
(F) Whether the test or tests were properly administered by an individual pos sessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences. A copy of the operator's permit showing that the operator has been trained on the particular type of machine used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualification. If no hearing is requested within the five calendar days specified above, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driver's license.
3674
JOURNAL OF THE HOUSE,
(h) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the depart ment shall not be stayed.
(i) Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by subsection (i) of this Code section for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day's attendance at such hearing. In the event a law enforce ment officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation pro vided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the offi cer attends any such hearing. The compensation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety shall provide by rules or regulations of said board. The Board of Public Safety shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsec tion by requiring the completion of an appropriate document in substantially the follow ing form:
IMPLIED CONSENT HEARING ATTENDANCE RECORD
OFFICER:
ADDRESS:
Street
City
State
S.S. No.
ZIP Code
DATE:
TIME:
A.M.
P.M.
CASE:
This is to certify that the police officer named above attended an implied consent
hearing as a witness or complainant on the date and time shown above.
HEARING OFFICER: ________________ TITLE: ___________
I certify that I appeared at the implied consent hearing described above on the date
and time shown above and that I was not on regular duty at the time of attending
the hearing and that I
have not received and will not receive compensation from my regular employer for
attending the hearing.
Signature of officer: ____________________
APPROVED FOR PAYMENT: _______________________________
Comptroller.
40-5-67.2. (a) The driver's license of any person who is found under Code Section 40-5-67.1 to be driving under the influence of alcohol or drugs shall be suspended sub ject to the following terms and conditions:
(1) Upon the first suspension as set out in Code Section 40-5-67.1 within the previ ous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for 12 months. One hundred and twenty days following the expiration of the 20 day temporary driving permit, 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee.
WEDNESDAY, MARCH 25, 1992
3675
(2) Upon the second or subsequent suspension as set out in Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspen sions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. For a second suspension, the driver may apply to the Department of Public Safety for reinstatement of the driver's license 120 days after the expiration of the 20 day temporary driving permit. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For a third or subsequent suspension, the driver may apply for a probationary license pur suant to Code Section 40-5-58 after the expiration of two years from the expiration of the 20 day temporary permit. (b) An administrative license suspension pursuant to Code Section 40-5-67.1 shall run concurrently with any revocation of such driver's license pursuant to a subsequent determination that such person is a habitual violator. (c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's dis cretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee of $210.00 or $200.00 when processed by mail."
Section 7. Said title is further amended by striking Code Section 40-5-68, relating to suspension of a driver's license by operation of law for failure to complete the required program, in its entirety and inserting in lieu thereof a new Code Section 40-5-68 to read as follows:
"40-5-68. (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 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a resto ration fee of $36.00 or $26.00 $210.00 or $200.00 when such reinstatement is processed by mail.
(b) Any person whose driver's license has been suspended by operation of law as pro vided in subsection (a) of this Code section shall immediately return such license to the department. It shall be unlawful for any person to operate any motor vehicle in this state after such person's driver's license has been suspended under this Code section, if such person has not thereafter obtained a valid driver's license."
Section 8. Said title is further amended by striking Code Section 40-5-69, relating to circumstances not affecting suspensions by operation of law, in its entirety and inserting in lieu thereof a new Code Section 40-5-69 to read as follows:
"40-5-69. If a person's driver's license is suspended by operation of law as provided in Code Section 40-5^ 40-5-67.1, 40-5-67.2, or Cede Section 40-5-68, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspen sion."
Section 9. Said title is further amended by striking Code Section 40-5-81, relating to the optional nature of certain driver improvement programs, in its entirety and insert ing in lieu thereof a new Code Section 40-5-81 to read as follows:
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JOURNAL OF THE HOUSE,
"40-5-81. (a) This article is intended te provide an additional method fer the rcstorfltioft of trie ltoeuses of tftosc persons wnose Olivers licenses nsve oeen suspended ~or revolted pursuant to tne lows of tin9 stflte. Acecpts.nce or trie provisions of tni3 ftrticle
compelled te participate itt the driver improvement program established tinder this artieter This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance wttn thfe article shall be an alternative method by which a dPiveiP mtiy nflvc iiis license restored filter rt n&s Dcen suspended of revoiced oy tne dep&Ftment ctnct snftii DC m ftddition to tne metnocts provided tor tne restot&tion ot ft driver's license er the issuance ef a limited driving permit by Article 3 ef- this chapter.
(b) Whenever any person is authorized or required to attend a driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improve ment clinic or program DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, pro bation officer, law enforcement officer, or other officer or employee of a court from fur nishing any person, upon request, the names of certified driver improvement clinics or programs DUI Alcohol or Drug Use Risk Reduction Programs."
Section 10. Said title is further amended by striking Code Section 40-5-85 which reads as follows:
"40-5-85. (a) The license of any person whose license is suspended for the first time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63 or 40-5-68.
(b) The license of any person whose license is suspended for the second time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63.", in its entirety and inserting in lieu thereof the following:
"40-5-85. Repealed."
Section 11. Said title is further amended by striking Code Section 40-5-153, relating to implied consent to a chemical test, in its entirety and inserting in lieu thereof a new Code Section 40-5-153 to read as follows:
"40-5-153. (a) Any person who drives a commercial motor vehicle anywhere in the state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration or the presence of other drugs.
(b) A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having any measurable alcohol in his or her system.
(c) A person requested to submit to a test as provided in subsection (a) of this Code section must be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person's being disqualified from operating a com mercial motor vehicle for one year under Code Section 40-5-151 and from operating a private motor vehicle as provided in Code Section 40-6-66 40-5-67.1.
(d) If the person refuses testing, the law enforcement officer must submit an affida vit to the Department of Public Safety within ten days of such refusal certifying that
WEDNESDAY, MARCH 25, 1992
3677
the test was requested pursuant to subsection (a) of this Code section and that the per son refused to submit to testing.
(e) Upon receipt of the affidavit submitted by a law enforcement officer under sub section (d) of this Code section, the Department of Public Safety must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-6-66 40-5-67.1. If the driver is in pos session of a driver's license, the officer shall take possession of the license and attach it to the affidavit."
Section 12. Said title is further amended by striking Code Section 40-6-391.1, relat ing to entry of a plea of nolo contendere, in its entirety and inserting in lieu thereof a new Code Section 40-6-391.1 to read as follows:
"40-6-391.1. (a) The decision to accept a plea of nolo contendere to a charge of vio lating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed.
(b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsec tion (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met:
(1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of jus tice; and
(2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his reasons for accepting the plea of nolo contendere. (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 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 an approved DUI Alco hol or Drug Use Risk Reduction Program. The court shall, at the time of surrender of the driver's license to it, issue a temporary driving permit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of a an approved DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his 120 day driving permit shall be invalid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program. If the defendant's driver's license has previously been suspended pursuant to Code Section 40-5-67.1, the judge shall not be required to order the surrender of the defendant's driver's license and may accept submission of proof of completion by such defendant of the requirements for reinstatement of the driver's license under Code Section 40-5-67.2. (e) The record of the disposition of the case, including the ruling required in subsec tion (c) of this Code section, shall be forwarded to the Department of Public Safety as required in subsection {e) ef Code Section 40-6-67 within ten days after disposition. (f) If a plea of nolo contendere is accepted under the conditions set forth in subsec tion (b) of this Code section and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating Code Section
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40-6-391 within the previous five years, the court shall, subject to subsection (d) of this Code section, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety as provided in subsection {e} (b) of this Code Section 40-6-67."
Section 13. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-6-392, relating to chemical tests for alcohol in blood, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) When a person shall undergo a chemical test at the request of a law enforce ment officer under Code Section 40-6-66, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limita tion shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal lia bility as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;".
Section 14. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organizations, is amended by striking subsection (c) of Code Section 33-9-43, relating to insurance premium reduc tions for named drivers under 25 years of age, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An insurer shall not be required to offer the premium reduction provided in subsection (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has:
(1) Been involved in any motor vehicle accident in which that person has been determined to have been at fault;
(2) Been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses:
(A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40; (B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or (C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-6-66 40-5-67.1 and that suspension has not been reversed, if appealed from."
Section 15. In the event of any conflict between this Act and any other Act of the General Assembly enacted at the regular 1992 session of the General Assembly which other Act changes the fees for restoration or reinstatement of drivers' licenses, such other Act shall be controlling.
Section 16. This Act shall become effective on January 1, 1993.
Section 17. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Parham of the 105th, was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, so as to revise the requirements and procedures relative to implied consent; to pro vide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibition against driving under the influence of alcohol; to change the period of suspension for refusal of a test for determining whether a driver is under the influence of alcohol; to provide for periods of suspension or disqualification; to provide for
WEDNESDAY, MARCH 25, 1992
3679
an exception; to provide for temporary driving permits and limited driving permits; to pro vide for procedures; to provide for notice; to provide for administrative and judicial review; to change certain reinstatement procedures and requirements; to clarify the nature and applicability of certain driver improvement programs; to provide for editorial revision; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct incorrect references to Title 40; to provide for related matters; to provide for the eventuality of a conflict with certain other legislation; 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 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, is amended by striking Code Section 40-5-55, relating to implied consent to chemical tests, in its entirety and inserting in lieu thereof a new Code Section 40-5-55 to read as follows:
"40-5-55. (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 alco hol concentration of 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 pre scription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, er urine2 or other bodily substances^ for the purpose of determining the alcoholic er drag content ef feis blood presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatali ties. T-he test er tests shall fee administered at the request ef a law enforcement officer
pnysicsi control of t moving motor vehicle upon the fti^jhwfty& or 6186whefe throughout
liint Tvriiui-i>elnrtiivm\ri t^jyrf fvV-'wW^ifcl foicou/'ttiirutiui T/ITAJ~fOi_QOQLT1A, Ti hline +tui-anii/ \nyrr tLntnstIn/H nsnVianilll Vu\ctt tnxfuJnrri\n*iiiowiin-crrrivruJ
fts soon ts possioie to flny person who operfttcs ~ft motop vehicle upon the hihways or
mcnt officer shall designate which of the aforesaid tests shall be administered, provided that Doth d Diood find urine test 8tifl.il oe administered to &ny person operfl11n & motop vehicle involved in a traffic accident resulting in serious injuries er fatalities.
(b) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392.
\G/ IT d person under arrest/ or s person wno WB.S involved m any trfliiic accident
officer, te submit te a chemical test designated fey the tew enforcement officer as previdcd i subsection (a) ef this Code section, ne test ahall fee given; feat the department, upon the receipt ef- a sworn report ef- the law enforcement officer that he had reasonable grounds te believe the arrested person had been driving er was in aetaal physical control ef a moving motor vehicle upon the highways er elsewhere throughout this state i violation of oode oection 4U"o~oy Jt OP tns,t sucn person riftct Deen driving 'Of w&s "tn actuo.1
this state and was involved tR s t>ro.iiic ctccident whie pesulted tft serious injuries or lat&iities and thflt trie person tiaQ petused to suumit to the test upon the peQuest or the
Administrative Procedure Act,' and except as otherwise provided in this Code section, notiiy the person that his license is to DC suspended > sti uject to review fts provided IOP
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JOURNAL OF THE HOUSE,
transmitted te the department within teft days after the date ef- the arrest ef- such per-
hs been transmitted te er received by the department more than tea days after the arrest sfiflii OG 11160. Dy trie department tor record purposes only, and no action snail be" taken fey the department. As used in this subsection, the term 'transmitted' shall meat* deposited with the United States Postal Service, and a report under this subsection shall fee deemed te have been transmitted within the ten-day period if it is postmarked OH
fTt7rT Vu^in<jf.n\srip; fHrKitt*; tfC^rI>ILtVIil rU\aH\y? Htt flVtfCirl tLhI1oC rU\QaLtoC trt\t( EnHr-rTnCaaLf .
i or a Hearing') tne department' snail noid a nearin^ as ts provided tR t'tiapter xo of 'i itie 667 the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind suc.fi order1. IT no nearin^ is requested wi*ftin trie ten days specified aoove> tne nnt to a nearin^ soflii nave been waived and tne license ef the dver shatt be suspended.
\"/--it tne suspension is sustained atter sucn a tieflfin^j tne person wnosc license nas Deen suspended under tnis v>ode section siiaii nave a ri^nt to file te^ & judicial review
Administrative Procedure Act'; white such appeal is pending, the order ef the depart
^--Subject te the limitations ef this subsection, any tew enforcement officer who attends a nearin^ provided tor oy subsection \d/ of tins oode section for the purpose of giving testimony relative TO tne suDjcct ot sucn tiearm^ snail DC compensated tR tne
ment oiticer ives tes11mony at two or more diiierent nearings on tfic same day, suen
unfifiiiru*tnirr asnKanilll rrfcifunciyivrnc r\J>ri>i1iyir jttpOafvi. (w\f\ TfnOTr nnit/tt'oCin.iHiunu'niiiu~uf tnrtt aoinl
regular duty er wh is en lunch er other break from regular duty at the time the ffieer attends any such hearing. The compensation provided for by this subsection shall be paid te the tew enforcement officer by the department from department funds at
regulations of said board.1 'i ne Board* or c ubiic safety snail also reQmre verification1 or a tew enforcement officer's qualifying te receive the payment authorized by this subscc' tien by requiring the completion ef appropriate document substantially the follow
IMPLIED CONSENT HEARING ATTENDANCE RECORD
ADDRESS: -------------------------------------------------------------------------- Street----------Gity----------State
F) A rp-pt.
TITTUT?.
----------------ArMr
PvM, CASE:--------------------------------------------------------------------------------
hearing as a witness er complainant en the date and time shown above.
HEARING OFFICER;
TITLE:
I certify that I appeared at the implied consent hearing described above en the date
*ti.ll%1Co VllUinUnir-ilnlltgy ttr>ll<t^l iIV'lliCnlfl-' Z
nave not received and win not receive compensation from my regular employer tor
APPROVEB FOR PAYMENT?
~
Comptroller"
WEDNESDAY, MARCH 25, 1992
3681
Section 2. Said title is further amended by striking Code Section 40-5-63, relating to periods of suspension and conditions of return of a license, in its entirety and inserting in lieu thereof a new Code Section 40-5-63 to read as follows:
"40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-3912 unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(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 sus pension 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $86.00 er $26.00 $210.00 or $200.00 when such reinstate ment is processed by mail^ provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be rein stated if such person submits proof of completion of either a defensive driving pro gram approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain sus pended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contend ere is accepted, shall not be considered a conviction; however, the court having juris diction 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 dis position 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 rein stated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a res toration fee of $36.00 ef $26.00 $210.00 or $200.00 when processed by mail; provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For pur poses 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
3682
JOURNAL OF THE HOUSE,
accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions.
nowever, triQt the license su9penston of ft person wlio refused to sttumit to &
rIUmV.'1iHUCnrUl Tinil CvyVtHtrlitoJ fQiCoUfLti1rUm11 ^*t.VA/~_l7fTMi_'R(Jtf7i>- VU>UnLf tWarWiltf)t uWrlitflhllirnl 1J.CQTfJi >U4On .y.Sa t,-?.-l fLV11ipU H UantiCo TnJfI
deleted upon the acceptance ef- auch ptea and receipt fey the Department ef Public Safety ef an authorization from the prosecutor er; where there is ne prosccutoi1, from
testa provided fer in Code Section 40-6-66 has been charged with homicide by a vehicle
iOtQs yj.jru,,j.v,1iuJ fc-.ufl tI*it Cv-*'_ufu\r.\nc QQoeiC-v'tfT<rUviii jtjUA"CO"QoOy*j<t , jt-rVinei --jj^u--n-uJ^uJ norf 4t-tUiac -su--u^|J-Ctniyiisnninjini ^aIii^t^tilli 1t-?.^f flonrr T10S
{^ (b) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violat ing Code Section 40-6-391.
(d) (c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a the applicable restoration fee ef $36.00 er $26.00 when such rcinstato-
{e} (d) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving per mit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction."
Section 3. Said title is further amended by striking Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new Code Section 40-5-64 to read as follows:
"40-5-64. (a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-572 er 40-5-63j or 40-5-67.2 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with subsection (d) of Code Section 40-5-57j er paragraph (1) of subsection (a) of Code Section 40-5-63 or paragraph (1) of subsection (a) of Code Section 40-5-67.2, provided that such person has not had his driver's license suspended under Code Section 40-5-68.
(b) Application form. Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such informa tion as is necessary for the department to determine the need for such permit. All appli cations shall be signed by the applicant before a person authorized to administer oaths.
WEDNESDAY, MARCH 25, 1992
3683
(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
(1) Going to his place of employment or performing the normal duties of his occu pation;
(2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver's license or by the commissioner. (d) Conditions attached. A limited driving permit shall be endorsed with such condi tions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; and
(5) Such other restrictions as the department may require.
(e) Duration of permit. A permit issued pursuant to this Code section shall be $5.00 and shall be nonrenewable and shall become invalid upon the expiration of one year fol lowing the effective date of suspension of the applicant's driver's license, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit, immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges inconsist ent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the appli cant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit.
(f) Liability of issuing officer. No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a lim ited driving permit in reliance on the truth of the affidavits required by this Code sec tion.
(g) Revocation of permit. (1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction.
(2) Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surren dered to the department. The department may impose an additional period of suspen sion for the conviction upon which revocation of the permit was based.
(h) Hearings. Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided
3684
JOURNAL OF THE HOUSE,
by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said chapter.
(i) Rules and regulations. The board may promulgate such rules and regulations as are necessary to implement this Code section.
(j) Penalty. Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-5-66, relating to appeals from the department, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection {e> (hj of Code Section 40-6 66 40-5-67.1 and subsection (h) of Code Section 40-5-64, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his resi dence or in the Superior Court of Fulton County. Such appeal shall name the commis sioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance."
Section 5. Said title is further amended by striking Code Section 40-5-67, relating to seizure and disposition of the driver's license of a person charged with driving under the influence, in its entirety and inserting in lieu thereof a new Code Section 40-5-67 to read as follows:
"40-5-67. (a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uni form traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforce ment officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(b) At the time the law enforcement officer takes the driver's license, he shall issue a temporary driving permit to the person? as follows:
(1)_If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 20 day temporary driving permit;
(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 20 day temporary driving permit;
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood alcohol concentration of less than the level for an administrative suspension of the license under Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit. This temporary driving permit shall be valid until the expiration ef i80 days, for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed, (c) (1) If the person is convicted of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to sub section (b) of this Code section.
WEDNESDAY, MARCH 25, 1992
3685
(2) If the person is not convicted of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the pGrsoiiy ufti&ss tftc person rciuscd to submit TO ft bloou fticoiioi test fts rcQuircd by
shall be forwarded to the Department of Public Safety tor disposition accordance
Wltrl OOCre OCCtlOIl 4v~O'"OO Ufli&SS tllC pCPSOll Cftfi 9I1OW tnftt rlC JH?ftVftill ftr "ft IlCflPtft
which was held in accordance with subsection {d) of Code Section 40-6-66."
Section 6. Said title is further amended by adding new Code Sections 40-5-67.1 and 40-5-67.2 to read as follows:
"40-5-67.1. (a) The test or tests required under Code Section 40-5-55 shall be administered as soon as possible at the request of a law enforcement officer having rea sonable 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 and the officer has arrested such person for a vio lation of Code Section 40-6-391, any federal law in conformity with Code Section 40-6-391, or any local ordinance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test shall be administered, provided that the officer shall require a breath test or a blood test and may require a urine test.
(b) At the time a chemical test or tests are requested, the person shall be informed by the arresting officer that:
(1) Georgia law requires the person to submit to a test to determine if the person is under the influence of alcohol or other drugs;
(2) If the testing is refused, the person's driver's license or right to drive will be suspended for a period of one year or, if the person is under age 18, for a period of one year or until the age of 18, whichever is greater, or, if the vehicle is a commercial vehicle, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(3) If a test is performed and the results indicate a blood alcohol concentration of 0.10 grams or more, the driver's license or right to drive may be suspended for a mini mum period of one year or, for a person under the age of 18, a blood alcohol concen tration of 0.06 grams or more, the person's driver's license or right to drive will be suspended for a minimum period of one year or until the age of 18, whichever is greater, and if the vehicle was a commercial motor vehicle and the test results indicate the presence of any alcohol, the person will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours, and if the results indicate a blood alcohol concentration of 0.04 grams or more, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(4) After submitting to the required testing, the person shall be entitled to obtain an additional test or tests at the expense of such person; and
(5) The refusal to submit to a test may be offered into evidence against the person at trial. Failure to provide any notice required under this subsection shall not invalidate the sus pension pursuant to this Code section of any driver's license. (c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension or disqualifica tion is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or else where throughout this state and was involved in a traffic accident involving serious inju ries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either a blood alcohol concentration
3686
JOURNAL OF THE HOUSE,
of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more, the department shall suspend the person's driver's license, per mit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. A person's license shall not be suspended for the first time pursuant to the immediately preceding sentence unless, in addition to any other requirement for that suspension, that person has been convicted of or had a plea of nolo contendere accepted within the previous five years to a charge of violating any provision of this chapter for which any test may be required under Code Section 40-5-55. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving com mercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehi cle for a minimum period of one year.
(d) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as pro vided in subsection (a) of this Code section, no test shall be given; but the law enforce ment officer shall report the refusal to the Department of Public Safety. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in viola tion of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, the department shall suspend the person's driver's license, per mit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the person's driver's license, permit, or nonresident operating privilege, subject to review as provided for in this chapter.
(e) If the person is a resident without a driver's license, commercial driver's license, or permit to operate a motor vehicle in this state, the department shall deny issuance of a license or permit to such person for the same period provided in subsection (c) or (d) of this Code section, whichever is applicable, for suspension of a license or permit or disqualification to operate a commercial motor vehicle subject to review as provided
for in this chapter. (f) (1) The law enforcement officer, acting on behalf of the department, shall per
sonally serve the notice of intention to suspend or disqualify the license of the
arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforce
ment officer shall take possession of any driver's license or permit held by such per son, if any, and shall issue a 20 day temporary permit. The officer shall forward the
person's driver's license to the department along with the notice of intent to suspend
or disqualify and the sworn report required by subsection (c) or (d) of this Code sec tion within ten calendar days after the date of the arrest of such person. The failure
of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the Department of Public Safety from accepting such
report and utilizing it in the suspension of a driver's license as provided in this Code section.
(2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's driver's license,
permit, or nonresident operating privilege or disqualify such person from operating a
motor vehicle and, by first-class mail at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the
WEDNESDAY, MARCH 25, 1992
3687
grounds of suspension or disqualification, the effective date of the suspension or dis qualification, and the right to review. The notice shall be deemed received three days after mailing.
(g) (1) A person whose driver's license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code Section may request, in writing, a hearing within five calendar days from the date of personal notice or receipt of notice sent by first-class mail. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded.
(2) The scope of the hearing shall be limited to the following issues:
(A) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or
(B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
(C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and
(D) Whether the person refused the test; or (E) Whether a test or tests was administered and the results indicated a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18,
a blood alcohol concentration of 0.06 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, a blood alcohol con centration of 0.04 grams or more; and
(F) Whether the test or tests were properly administered by an individual pos
sessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine approved by the Division of Forensic Sciences
or a test conducted by the Division of Forensic Sciences. A copy of the operator's permit showing that the operator has been trained on the particular type of
machine used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report
shall satisfy the requirements of this subparagraph.
(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or
disqualification. If no hearing is requested within the five calendar days specified above, the right to a hearing shall have been waived. The request for a hearing shall
not stay the suspension of the driver's license.
(h) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review
of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the depart ment shall not be stayed.
(i) Subject to the limitations of this subsection, any law enforcement officer who
attends a hearing provided for by subsection (i) of this Code section for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the
amount of $20.00 for each day's attendance at such hearing. In the event a law enforce ment officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation pro
vided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the offi
cer attends any such hearing. The compensation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety shall provide by rules or
regulations of said board. The Board of Public Safety shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsec tion by requiring the completion of an appropriate document in substantially the follow ing form:
3688
JOURNAL OF THE HOUSE,
IMPLIED CONSENT HEARING ATTENDANCE RECORD
OFFICER:
ADDRESS:
Street
City
State
S.S. No.
ZIP Code
DATE:
TIME:
A.M.
P.M.
CASE:
This is to certify that the police officer named above attended an implied consent
hearing as a witness or complainant on the date and time shown above.
HEARING OFFICER: ____________________ TITLE: ____________
I certify that I appeared at the implied consent hearing described above on the date
and time shown above and that I was not on regular duty at the time of attending
the hearing and that I
have not received and will not receive compensation from my regular employer for
attending the hearing.
Signature of officer: ____________________
APPROVED FOR PAYMENT: _______________________________
Comptroller.
40-5-67.2. (a) Any driver's license required to be suspended under Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension as set out in Code Section 40-5-67.1 within the previ ous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for 12 months. One hundred and twenty days following the expiration of the 20 day temporary driving permit, 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee.
(2) Upon the second or subsequent suspension as set out in Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspen sions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. For a second suspension, the driver may apply to the Department of Public Safety for reinstatement of the driver's license 120 days after the expiration of the 20 day temporary driving permit. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For a third or subsequent suspension, the driver may apply for a probationary license pur suant to Code Section 40-5-58 after the expiration of two years from the expiration of the 20 day temporary permit. (b) An administrative license suspension pursuant to Code Section 40-5-67.1 shall run concurrently with any revocation of such driver's license pursuant to a subsequent determination that such person is a habitual violator. (c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's dis cretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee of $210.00 or $200.00 when processed by mail."
Section 7. Said title is further amended by striking Code Section 40-5-68, relating to suspension of a driver's license by operation of law for failure to complete the required
WEDNESDAY, MARCH 25, 1992
3689
program, in its entirety and inserting in lieu thereof a new Code Section 40-5-68 to read as follows:
"40-5-68. (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 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a resto ration fee of $36.00 ef $26.00 $210.00 or $200.00 when such reinstatement is processed by mail.
(b) Any person whose driver's license has been suspended by operation of law as pro vided in subsection (a) of this Code section shall immediately return such license to the department. It shall be unlawful for any person to operate any motor vehicle in this state after such person's driver's license has been suspended under this Code section, if such person has not thereafter obtained a valid driver's license."
Section 8. Said title is further amended by striking Code Section 40-5-69, relating to circumstances not affecting suspensions by operation of law, in its entirety and inserting in lieu thereof a new Code Section 40-5-69 to read as follows:
"40-5-69. If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63z 40-5-67.1, 40-5-67.2, or Gede Section 40-5-68, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspen sion."
Section 9. Said title is further amended by striking Code Section 40-5-81, relating to the optional nature of certain driver improvement programs, in its entirety and insert ing in lieu thereof a new Code Section 40-5-81 to read as follows:
"40-5-81. (a) This article is intended te provide eat additional method for the rcstoPdtion of the licenses of those persons whose drivers licenses hflve ocen suspended or revolted pursuflnt to trie IQWS of this sttte< Accep18.nce of the provi8ions of this ftrticie
compelled te participate in the driver improvement program established under this arti cle; This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with this article shall be a alternative method by which a
dcpftptHIent 8nd sh.6i.il fje tti &ddrtton to the methods provided lor the ^*estOFfttion of ft driver's license er th issuance ef a limited driving permit by Article 3 ef this chapter.
(b) Whenever any person is authorized or required to attend a driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improve ment clinic or program DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, pro bation officer, law enforcement officer, or other officer or employee of a court from fur nishing any person, upon request, the names of certified driver improvement clinics or programs DUI Alcohol or Drug Use Risk Reduction Programs."
3690
JOURNAL OF THE HOUSE,
Section 10. Said title is further amended by striking Code Section 40-5-85 which reads as follows:
"40-5-85. (a) The license of any person whose license is suspended for the first time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63 or 40-5-68.
(b) The license of any person whose license is suspended for the second time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63.", in its entirety and inserting in lieu thereof the following:
"40-5-85. Repealed."
Section 11. Said title is further amended by striking Code Section 40-5-153, relating to implied consent to a chemical test, in its entirety and inserting in lieu thereof a new Code Section 40-5-153 to read as follows:
"40-5-153. (a) Any person who drives a commercial motor vehicle anywhere in the state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration or the presence of other drugs.
(b) A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having any measurable alcohol in his or her system.
(c) A person requested to submit to a test as provided in subsection (a) of this Code section must be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person's being disqualified from operating a com mercial motor vehicle for one year under Code Section 40-5-151 and from operating a private motor vehicle as provided in Code Section 40-6 66 40-5-67.1.
(d) If the person refuses testing, the law enforcement officer must submit an affida vit to the Department of Public Safety within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the per son refused to submit to testing.
(e) Upon receipt of the affidavit submitted by a law enforcement officer under sub section (d) of this Code section, the Department of Public Safety must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-6-66 40-5-67.1. If the driver is in pos session of a driver's license, the officer shall take possession of the license and attach it to the affidavit."
Section 12. Said title is further amended by striking Code Section 40-6-391.1, relat ing to entry of a plea of nolo contendere, in its entirety and inserting in lieu thereof a new Code Section 40-6-391.1 to read as follows:
"40-6-391.1. (a) The decision to accept a plea of nolo contendere to a charge of vio lating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed.
(b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsec tion (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met:
(1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of jus tice; and
WEDNESDAY, MARCH 25, 1992
3691
(2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his reasons for accepting the plea of nolo contendere. (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 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 an approved DUI Alco hol or Drug Use Risk Reduction Program. The court shall, at the time of surrender of the driver's license to it, issue a temporary driving permit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of a an approved DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his 120 day driving permit shall be invalid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program. (e) The record of the disposition of the case, including the ruling required in subsec tion (c) of this Code section, shall be forwarded to the Department of Public Safety as required in subsection {e) ef Code Section 40-6-67 within ten days after disposition. (f) If a plea of nolo contendere is accepted under the conditions set forth in subsec tion (b) of this Code section and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, the court shall, subject to subsection (d) of this Code section, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety as provided in subsection {e} (b) of this Code Section 40 6 67."
Section 13. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-6-392, relating to chemical tests for alcohol in blood, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) When a person shall undergo a chemical test at the request of a law enforce ment officer under Code Section 40-6-66, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limita tion shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal lia bility as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;".
Section 14. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organizations, is amended by striking subsection (c) of Code Section 33-9-43, relating to insurance premium reduc tions for named drivers under 25 years of age, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An insurer shall not be required to offer the premium reduction provided in subsection (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has:
(1) Been involved in any motor vehicle accident in which that person has been determined to have been at fault;
(2) Been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses:
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JOURNAL OF THE HOUSE,
(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 (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-6-66 40-5-67.1 and that suspension has not been reversed, if appealed from."
Section 15. In the event of any conflict between this Act and any other Act of the General Assembly enacted at the regular 1992 session of the General Assembly which other Act changes the fees for restoration or reinstatement of drivers' licenses, such other Act shall be controlling.
Section 16. This Act shall become effective on January 1, 1993.
Section 17. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Elliott of the 103rd moves to amend the Floor substitute to SB 489 as follows:
Add on line 26 page 16 after word permit; the following:
in the event there is a dispute over alcohol consumption and when an arrest is made the acceptable method for alcohol detection, shall be a blood test.
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 Ashe Y Atkins N Baker N Balkcom N Barfoot
Y Bargeron N Barnett.B Y Barnett.M
N Bates Y Beatty N Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck N Buckner N Byrd Y Campbell Y Canty Y Carrell Y Carter N Cauthorn N Chafin
Chambless N Cheeks N Childers
N Clark.E
Y Clark.L N Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B N Cummings.M
Y Davis.D Y Davis.G Y Davis.M Y Dixon.H N Dixon.S N Dobbs Y Dover N Dunn Y Edwards Y Elliott
Felton N Fennel
Floyd.J.M N Floyd,J.W
Y Flynt N Godbee N Golden N Goodwin
E Green
N Greene Y Griffin Y Groover Y Hamilton N Hammond N Manner Y Harris.B N Harris.J
Y Heard N Henson N Herbert N Holland
Holmes Y Howard Y Hudson N Irwin Y Jackson N Jamieson N Jenkins Y Jones N Kilgore NKing N Kingston Y Klein YLadd Y Lane.D N Lane.R Y Langford Y Lawrence Y Lawson NLee N Long YLord Y Lucas YMann N Martin N McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C Y Meadows
Merritt Y Milam
E Mills Y Mobley N Moody N Morsberger
Moultrie Y Mueller N Oliver.C N Oliver.M NOrr N Orrock
Y Padgett Y Parham Y Parrish N Patten Y Pelote Y Perry N Pettit Y Pinholster N Pinkston YPoag N Porter
Poston Y Powell,A Y Powell.C Y Presley N Purcell Y Randall YRay N Reaves
Redding N Ricketson N Royal Y Selman N Sherrill N Simpson Y Sinkfield
Y Skipper Y Smith.L N Smith.P Y Smith.T Y Smith, W N Smyre N Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat N Taylor
Teper N Thomas.C Y Thomas.M N Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend N Turnquest Y Twiggs N Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall N Watson N Watts Y White Y Wilder N Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
WEDNESDAY, MARCH 25, 1992
3693
On the adoption of the amendment, the ayes were 91, nays 75. The amendment was adopted.
Representatives Clark of the 20th and Royal of the 144th stated that they inadvert ently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Porter of the 119th moved that the House reconsider its action in adopting the Elliott amendment.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
N Aiken Y Alford Y Ashe N Atkins Y Baker Y Balkcom Y Barfoot N Bargeron Y Barnett.B N Barnett.M
Bates N Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux N Bostick N Branch N Breedlove N Brooks N Brown N Brush
YBuck Y Buckner YByrd N Campbell N Canty N Carrell Y Carter
Cauthorn Y Chafin
Chambless Y Cheeks N Childers
Y Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth Y Cummings.B Y Cummings,M N Davis.D
Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs N Dover N Dunn N Edwards N Elliott
Felton Y Fennel
Floyd,J.M Y Floyd.J.W N Flynt Y Godbee Y Golden Y Goodwin E Green N Greene N Griffin N Groover Y Hamilton N Hammond
Manner N Harris.B N Harris.J
N Heard Henson
Y Herbert Y Holland
Holmes N Howard N Hudson Y Irwin
N Jackson Y Jamieson Y Jenkins N Jones Y Kilgore YKing N Kingston N Klein NLadd Y Lane.D Y Lane,R N Langford N Lawrence Y Lawson
YLee YLong
Lord N Lucas N Mann Y Martin Y McBee N McCoy Y McKelvey N McKinney.B N McKinney.C N Meadows
Merritt
Milam
On the motion, the ayes were 73, nays 84. The motion was lost.
E Mills Mobley
Y Moody Y Morsberger
Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett N Parham N Parrish Y Patten Y Pelote Y Perry N Pettit N Pinholster Y Pinkston NPoag Y Porter Y Poston N Powell,A Y Powell.C N Presley N Purcell
Randall NRay Y Reaves
Redding Y Ricketson N Royal N Selman Y Sherrill Y Simpson N Sinkfield
N Skipper Y Smith.L Y Smith.P Y Smith.T N Smith.W
Y Smyre N Snow N Stancil.F N Stancil.S N Stanley N Streat Y Taylor
Teper N Thomas.C N Thomas.M Y Thomas.N
Thurmond N Titus
Tolbert N Townsend Y Turnquest N Twiggs N Valenti N Vaughan N Walker.J N Walker.L Y Wall Y Watson Y Watts N White N Wilder Y Williams.B
Williams,J N Williams.R N Yeargin
Murphy,Spkr
Representative Clark of the 20th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.
The following amendment was read:
Representative Hammond of the 20th moves to amend the Floor substitute to SB 489 as follows:
By striking the words "first-class mail" on page 23 lines 1 & 14 an inserting in lieu thereof the words "certified mail, return receipt requested".
Further amended by striking the word "may" on line 12 page 23 and inserting in lieu thereof the word "shall" and by inserting the words "or the right to said hearing shall be deemed waived" after the amending word "requested" on line 14 page 23.
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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 N Alford Y Ashe Y Atkins N Baker Y Balkcom N 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 Y Brooks Y Brown Y Brush NBuck Y Buckner N Byrd Y Campbell Y Canty N Carrell Y Carter Y Cauthorn Y Chafin Y Chambless N Cheeks N Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell N Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton N Fennel
Floyd,J.M N Floyd.J.W Y Flynt N Godbee Y Golden Y Goodwin E Green N Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin
Y Jackson N Jamieson Y Jenkins Y Jones Y Kilgore
YKing N Kingston Y Klein YLadd N Lane.D N Lane,R Y Langford N Lawrence Y Lawson NLee N Long YLord Y Lucas YMann Y Martin Y McBee N McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Merritt Y Milam
E Mills N Mobley N Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr N Orrock
N Padgett Y Parham Y Parrish N Patten N Pelote Y Perry Y Pettit N Pinholster
Pinkston N Poag N Porter N Poston Y Powell.A N Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson N Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
On the adoption of the amendment, the ayes were 121, nays 45. The amendment was adopted.
Y Skipper Y Smith.L N Smith,? Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M N Thomas.N
Y Thurmond Y Titus N Tolbert
Townsend N Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J N Walker.L Y Wall
N Watson Y Watts Y White
Y Wilder N Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
The following amendment was read and adopted:
Representatives Parham of the 105th and Groover of the 99th move to amend the Floor substitute to SB 489 as follows:
Adding on line 2 page 20 after "results" the following:
"and a review of the drivers prior driving record".
The following amendment was read:
Representative Cauthorn of the 20th moves to amend the Floor substitute to SB 489 as follows:
By striking from line 9 on page 7 "120" and inserting in lieu thereof "180";
By striking from line 27 on page 8 "120" and inserting in lieu thereof "240";
By striking from line 31 on page 26 "One hundred and twenty" and inserting in lieu thereof "One hundred and eighty";
By striking from line 20 on page 27 "120" and inserting in lieu thereof "240";
By striking from line 10 on page 34 "120" and inserting in lieu thereof "180"; and, by striking from line 16 on page 34 "120" and inserting in lieu thereof "180".
WEDNESDAY, MARCH 25, 1992
3695
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 Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates
N Beatty N Benefield
N Birdsong N Blitch
Y Bordeaux N Bostick N Branch
Breedlove N Brooks N Brown N Brush
NBuck Y Buckner NByrd N Campbell N Canty N Carrell Y Carter Y Cauthorn Y Chafin N Chambless Y Cheeks N Childers
Y Clark.E N Clark.L Y Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B N Cummings.M N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S
Y Dobbs N Dover N Dunn
N Edwards Y Elliott
Felton N Fennel
Floyd,J.M N Floyd.J.W N Flynt
Y Godbee N Golden Y Goodwin E Green Y Greene N Griffin N Groover N Hamilton N Hammond N Manner N Harris.B Y Harris.J
Y Heard N Henson Y Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson Y Jamieson N Jenkins N Jones N Kilgore NKing Y Kingston Y Klein NLadd N Lane.D Y Lane.R N Langford Y Lawrence N Lawson NLee YLong NLord N Lucas YMann N Martin Y McBee N McCoy Y McKelvey N McKinney.B N McKinney.C N Meadows
Merritt N Milam
E Mills
N Mobley Y Moody Y Morsberger
Moultrie Y Mueller
N Oliver.C N Oliver.M YOrr N Orrock Y Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit N Pinholster N Pinkston NPoag Y Porter N Poston N Powell.A Y Powell.C
Y Presley N Purcell N Randall
NRay N Reaves
Redding N Ricketson Y Royal N Selman N Sherrill Y Simpson N Sinkfield
N Skipper N Smith,L N Smith,? N Smith.T N Smith, W N Smyre Y Snow N Stancil.F Y Stancil.S N Stanley N Sweat N Taylor
Teper N Thomas.C N Thomas,M N Thomas.N N Thurmond N Titus Y Tolbert
Townsend N Turnquest Y Twiggs N Valenti Y Vaughan N Walker,J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy,Spkr
On the adoption of the amendment, the ayes were 46, nays 121. The amendment was lost.
The following amendment was read and adopted:
Representative Jackson of the 9th moves to amend the Floor substitute to SB 489 as follows: By deleting on page 13 line 17 the figure
$5.00 and inserting the figure
$25.00
The following amendment was read and adopted:
Representatives Parham of the 105th and Jackson of the 9th move to amend the Floor substitute to SB 489 by striking in their entireties lines 26 through 34 of page 2 and lines 1 through 8 of page 3 and inserting in lieu thereof the following:
"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
3696
JOURNAL OF THE HOUSE,
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 seri ous injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforce ment officer shall designate which of the aforesaid test or tests shall be administered, provided that both a blood and urine test with drug screen shall be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious inju
ries or fatalities."
The following amendment was read:
Representatives Childers of the 15th and Parham of the 105th move to amend the Floor substitute to SB 489 by inserting between lines 13 and 14 of page 15 the following:
"Section 3.1. Said title is further amended by adding a new Code Section 40-5-64.1 to read as follows:
'40-5-64.1. Notwithstanding any other provision of law, a judge of the superior courts may issue a limited driving permit to any person whose driver's license has been suspended in accordance with either paragraph (1) of subsection (a) of Code Sec tion 40-5-63 or paragraph (1) of subsection (a) of Code Section 40-5-67.2. Such limited driving permits shall be valid for traveling to and from the person's place of employ ment and for operating any vehicle necessary in the course of their employment or occupation. A limited driving permit issued pursuant to this Code section shall be valid for the period of suspension of the person's driver's license.'".
The following amendment to the Childers amendment was read and adopted:
Representative Campbell of the 23rd moves to amend the Childers amendment to the Floor substitute to SB 489 as follows:
On page 1, line 8 delete the words "Superior Courts" and add in lieu thereof the words, "court where the case is returnable."
On the adoption of the amendment, as amended, the roll call was ordered and the vote was as follows:
N Abernathy N Adams Y Aiken N Alford N Ashe N Atkins N Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M N Bates N Beatty N Benefield N Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush N Buck N Buckner NByrd Y Campbell
Y Canty Y Carrell Y Carter N Cauthorn
N Chafin Y Chambless
Y Cheeks Y Childers
N Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B Y Cummings,M
Y Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S N Dobbs
Y Dover YDunn Y Edwards
Y Elliott Felton
Y Fennel Floyd.J.M
N Floyd.J.W Y Flynt N Godbee N Golden N Goodwin E Green Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B N Harris,J N Heard Y Henson N Herbert Y Holland N Holmes Y Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones
Y Kilgore N King N Kingston Y Klein NLadd Y Lane.D Y Lane.R N Langford N Lawrence N Lawson
NLee N Long YLord Y Lucas N Mann N Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Merritt Y Milam E Mills N Mobley N Moody N Morsberger
Moultrie N Mueller N Oliver.C Y Oliver.M NOrr Y Orrock
Y Padgett Y Parham Y Parrish N Patten
Y Pelote Y Perry Y Pettit N Pinholster Y Pinkston Y Poag N Porter N Poston Y Powell.A N Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
WEDNESDAY, MARCH 25, 1992
3697
Y Selman N Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L N Smith.P Y Smith.T
Y Smith,W Smyre
Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor
Teper N Thomas.C Y Thomas.M N Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend
N Turnquest Y Twiggs Y Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson
N Watts Y White N Wilder N Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
On the adoption of the amendment, as amended, the ayes were 100, nays 69. The amendment, as amended, was adopted.
Representative Clark of the 20th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.
The following amendment was read:
Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Floor substitute to SB 489 by striking one line 11 of page 1 the following:
"to provide for an exception;".
By inserting on line 2 of page 12 following "Section 40-5-68" the following:
"i and provided, however, that a person whose license is suspended pursuant to para graph (1) of subsection (a) of Code Section 40-5-67.2 may not apply for a limited driving permit until 30 days after the expiration of the 20 day temporary permit issued at the time of arrest."
By striking on lines 27 and 28 of page 16 the following:
"If the driver's license is required to be suspended under Code Section 40-5-67.1,",
and inserting in lieu thereof the following:
"If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood alcohol concentration of at least the level at which the driver's license is to be suspended under Code Section 40-5-67.1,".
By striking on line 9 of page 19 the word "may" and inserting in lieu thereof the word "will".
By striking on lines 2 and 3 of page 20 the following:
"a suspension or disqualification is required under this Code section",
and inserting in lieu thereof the following:
"a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more or, for a person operating or in actual physical control of a commercial motor vehicle, a blood alcohol concentra tion of 0.04 grams or more".
By striking on lines 23 through 30 on page 20 the following:
"A person's license shall not be suspended for the first time pursuant to the immedi ately preceding sentence unless, in addition to any other requirement for that suspen sion, that person has been convicted of or had a plea of nolo contendere accepted within the previous five years to a charge of violating any provision of this chapter for which any test may be required under Code Section 40-5-55."
By striking on lines 13 through 15 of page 22 the following:
3698
JOURNAL OF THE HOUSE,
"that suspension or disqualification is required under this Code section",
and inserting in lieu thereof the following:
"a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more or, for a person operating or in actual physical control of a commercial motor vehicle, a blood alcohol concentra tion of 0.04 grams or more".
By striking on lines 22 and 23 of page 26 the following:
"Any driver's license required to be suspended under Code Section 40-5-67.1",
and inserting in lieu thereof the following:
"The driver's license of any person who is found under Code Section 40-5-67.1 to be driving under the influence of alcohol or drugs".
By inserting at the end of line 20 of page 34 the following:
"If the defendant's driver's license has previously been suspended pursuant to Code Section 40-5-67.1, the judge shall not be required to order the surrender of the defend ant's driver's license and may accept submission of proof of completion by such defend ant of the requirements for reinstatement of the driver's license under Code Section 40-5-67.2.".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams N Aiken Y Alford Y Ashe Y Atkins Y Baker
N Balkcom Y Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield N Birdsong N Blitch Y Bordeaux N Bostick N Branch N Breedlove N Brooks N Brown N Brush
Y Buck Y Buckner N Byrd Y Campbell Y Canty N Carrell
Y Carter N Cauthorn Y Chafin N Chambless Y Cheeks Y Childers
Y Clark.E N Clark.L N Coker N Coleman N Colwell Y Connell N Culbreth N Cummings.B N Cummings.M N Davis.D Y 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 N Godbee N Golden Y Goodwin E Green Y Greene N Griffin N Groover N Hamilton N Hammond N Hanner N Harris.B Y Harris.J
Y Heard N Henson Y Herbert Y Holland Y Holmes N Howard N Hudson Y Irwin N Jackson Y Jamieson Y Jenkins Y Jones N Kilgore
YKing Y Kingston N Klein YLadd N Lane.D N Lane.R N Langford Y Lawrence Y Lawson YLee Y Long NLord N Lucas YMann N Martin
Y McBee N McCoy Y McKelvey
N McKinney.B Y McKinney.C N Meadows
Merritt Y Milam
E Mills
N Mobley Y Moody Y Morsberger
Moultrie Y Mueller N Oliver.C Y Oliver.M Y Orr Y Orrock
Padgett N Parham N Parrish Y Patten Y Pelote N Perry
Y Pettit Y Pinholster
N Pinkston YPoag Y Porter Y Poston N Powell.A Y Powell.C Y Presley N Purcell N Randall N Ray N Reaves
Redding Y Ricketson Y Royal N Selman Y Sherrill N Simpson N Sinkfield
On the adoption of the amendment, the ayes were 84, nays 84. The Chair voted "nay".
N Skipper Y Smith.L Y Smith.P
N Smith.T Y Smith.W Y Smyre YSnow N Stancil.F Y Stancil.S N Stanley N Streat Y Taylor
Teper N Thomas.C N Thomas.M
Y Thomas.N N Thurmond N Titus Y Tolbert
Townsend Y Turnquest N Twiggs N Valenti Y Vaughan N Walker.J N Walker.L Y Wall N Watson Y Watts N White Y Wilder Y Williams.B
Williams,J N Williams.R N Yeargin
Murphy,Spkr
WEDNESDAY, MARCH 25, 1992
3699
The amendment was lost.
Representative Clark of the 20th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Porter of the 119th moved that the House reconsider its action in fail ing to adopt the Porter amendment.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
N Aiken Y Alford Y Ashe Y Atkins Y Baker N Balkcom Y Barfoot N Bargeron N Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux N Bostick N Branch
N Breedlove N Brooks N Brown N Brush
YBuck Y Buckner NByrd Y Campbell
Y Canty N Carrell Y Carter N Cauthorn
Y Chafin N Chambless
Y Cheeks N Childers
Y Clark.E N Clark.L N Coker
N Coleman N Colwell Y Connell Y Culbreth N Cummings,B N Cummings,M N Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs N Dover N Dunn N Edwards N Elliott
Felton Y Fennel
Floyd,J.M N Floyd,J.W N Flynt Y Godbee N Golden Y Goodwin E Green Y Greene N Griffin N Groover N Hamilton N Hammond N Manner N Harris.B Y Harris.J
Y Heard N Henson Y Herbert Y Holland Y Holmes N Howard N Hudson Y Irwin N Jackson Y Jamieson N Jenkins Y Jones N Kilgore YKing Y Kingston N Klein YLadd N Lane.D
N Lane.R N Langford Y Lawrence Y Lawson YLee Y Long NLord
N Lucas YMann N Martin Y McBee N McCoy Y McKelvey N McKinney.B Y McKinney.C N Meadows
Merritt Y Milam
On the motion, the ayes were 83, nays 85. The motion was lost.
E Mills
N Mobley Y Moody Y Morsberger
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 N Pinkston YPoag Y Porter Y Poston N Powell,A Y Powell.C Y Presley
N Purcell N Randall N Ray N Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
N Simpson N Sinkfield
N Skipper Y Smith.L Y Smith.P
N Smith.T Y Smith,W Y Smyre N Snow N Standl.F Y Stancil.S N Stanley N Streat Y Taylor
Teper N Thomas.C N Thomas.M Y Thomas.N N Thurmond N Titus Y Tolbert
Townsend Y Turnquest N Twiggs N Valenti Y Vaughan N Walker.J N Walker.L
Y Wall N Watson
Y Watts N White Y Wilder Y Williams.B
Williams,J N Williams.R
N Yeargin Murphy,Spkr
Representative Clark of the 20th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.
The following amendment was read and adopted:
Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Floor substitute to SB 489 by striking from line 26 of page 27 the following:
"$35.00 or $25.00",
and inserting in lieu thereof the following:
"$210.00 or $200.00".
The following amendment was read and withdrawn:
3700
JOURNAL OF THE HOUSE,
Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Floor substitute to SB 489 by inserting on line 2 of page 12 after "40-5-68" the following:
"i a"d provided, however, that a person whose license is suspended pursuant to para graph (1) of subsection (a) of Code Section 40-5-67.2 may not apply for a limited driving permit until 30 days after the expiration of the 20 day temporary permit issued at the time of arrest".
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 as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D 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
Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y 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 Y Lee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Merritt Y Milam
E 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 N Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley 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 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 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 171, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representative Perry of the 5th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Merritt of the 123rd 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.
WEDNESDAY, MARCH 25, 1992
3701
The Speaker Pro Tern 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 1924. By Representative Carter of the 146th:
A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1924
The Committee of Conference on HB 1924 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1924 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Ed Perry Senator, 7th District
/s/ Hanson Carter Representative, 146th District
/s/ Hammill Senator, 3rd District
/s/ Henry Bostick Representative, 138th District
/s/ Earl Echols, Jr. Senator, 6th District
/s/ Denmark Groover, Jr. Representative, 99th District
A BILL
To amend an Act to create a Board of Education for Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), so as to change the composition of the districts from which members are elected; to provide for the election of members; to provide definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide for a referendum; to provide for effective dates; 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 Education for Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof the following:
"Section 1. (a) There is created a Board of Education of Berrien County which shall consist of seven members. For the purpose of electing members of the said board, Berrien County shall be divided into seven education districts as follows:
Education District: 1.
BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9704. Block(s): 108, 109, 110, 123, 124, 125, 126, 127B, 127C, 155, 156, 157, 158, 159, 160, 161, 162, 166, 301D, 341B Tract: 9705.
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Block(s): 101B, 102B, 133B, 160, 161, 162, 207, 208, 209, 210, 211, 212, 213, 242, 243, 244, 248, 250, 251, 252, 253, 254, 255, 256A, 256B, 257B, 258, 272A, 272B, 286
VTD: 0007 RAY CITY (Part) Tract: 9705. Block(s): 245, 246, 247
VTD: 0008 LOWER TENTH VTD: 0009 UPPER TENTH
Education District: 2
BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9705. Block(s): 249, 275, 276, 279, 280, 281, 282, 283, 284, 285, 287 Tract: 9706. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 127, 128, 129, 130, 131, 132 VTD: 0006 NEW LOIS VTD: 0007 RAY CITY (Part) Tract: 9706. Block(s): 101, 119, 120, 121A, 121B, 122, 123, 124, 125, 126A, 126B, 133, 134, 135, 136, 137A, 137B, 138A, 138B, 139A, 139B, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 160B, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170A, 170B, 171, 201A, 201B, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210A, 210B, 211A, 211B, 212, 213, 236, 237, 238, 239, 240, 241A, 241B, 242, 243, 244A, 244B, 245A, 245B, 246A, 246B, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 261
Education District: 3
BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 115, 117, 118, 132, 133, 134A, 134B, 134C, 135B, 135C, 136, 137, 138, 139B, 1408, 144B, 145, 165, 166, 167, 168, 169, 170, 176 Tract: 9704. Block(s): 127A, 128, 129, 130, 201A, 201B, 202, 203A, 203B, 206, 207, 208, 209, 210, 214, 215, 216, 217, 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341A, 342, 343, 344, 345, 346, 347, 348 VTD: 0005 NEW RIVER (Part) Tract: 9702. Block(s): 224, 233, 234, 235, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272 Tract: 9703. Block(s): 108, 109, 110, 111, 112, 113, 114, 116, 177, 178, 179, 180, 209
Education District: 4
BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 119, 121, 122, 123, 125, 126, 127, 128, 129, 130, 131
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3703
Tract: 9704. Block(s): 102, 106, 107
VTD: 0002 ALPAHA
Education District: 5
BERRIEN COUNTY VTD: 0003 ENIGMA VTD: 0004 JORDAN VTD: 0005 NEW RIVER (Part) Tract: 9702. Block(s): 208, 209, 210, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256
Education District: 6
BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 135A, 139A, 140A, 141, 142, 143, 144A, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 171, 172, 173, 174, 175, 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223, 224, 225, 226, 228, 229, 230, 231, 232, 233, 234, 245, 246, 247, 248, 249, 250, 259, 260, 261, 262, 269A, 269B, 270, 271A, 271B, 271C, 271D, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285A, 285B, 285C, 285D, 286, 287, 288, 289, 290, 291 Tract: 9704. Block(s): 204, 205, 211, 212, 213, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252 Tract: 9705. Block(s): 277, 278A, 278B, 278C, 278D
Education District: 7
BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 163, 164, 227, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 251, 252, 253, 254, 255, 256, 257, 258, 263, 264, 265, 266, 267, 268 Tract: 9705. Block(s): 101A, 102A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133A, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 257A, 259, 260, 261A, 261B, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 273A, 273B, 274, 288, 289, 290, 291, 292, 293, 294
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
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(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Berrien County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(5) Any part of Berrien County which is described in this section as being included in a particular education district shall nevertheless not be included within such educa tion district if such part is not contiguous to such education district. Such noncontigu ous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia. (c) Candidates for Posts 1 through 7 shall reside in Education Districts 1 through 7, respectively, from which such candidates offer for election."
Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof the following:
"Section 2. The members of the Board of Education of Berrien County in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until successors are elected as provided in Section 3 of this Act."
Section 3. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof the following:
"Section 3. (a) The election superintendent shall call and conduct a special primary as soon as possible after the referendum held pursuant to Section 6 of this Act. At a special election to be held on the date of and in conjunction with the general election in November, 1992, new members shall be elected from Education Districts 1, 3, 6, and 7 to succeed members George W. Rowan, Jr., J. R. McMillan, Lillian P. Houston, and Donald H. Powell whose terms expire December 31, 1992, and such new members shall take office on the first day of January in 1993 for terms of four years and until succes sors are elected and qualified. The position held by Mr. J. R. McMillan shall be abol ished upon the expiration of his term December 31, 1992. At the general election in November, 1994, new members shall be elected from Education Districts 2, 4, and 5 to succeed members Robert E. Griffin, Steve M. Dixon, and Ricky W. Tucker whose terms expire December 31, 1994, and such new members shall take office on the first of Janu ary, 1995, for terms of four years and until successors are elected and qualified.
(b) Thereafter, successors to all members shall be elected to terms of office of four years each and until their successors are elected and qualified. Any vacancies in office shall be the subject of a special election called for that purpose by the election superin tendent of Berrien County, who shall issue his call within two weeks of the date the vacancy is created. The election for filling any vacancy shall be held in accordance with the laws, rules, and regulations which govern special elections. The members elected at any general election shall take office on the first day of January following their elec tion."
Section 4. Said Act is further amended by adding a new Section 2.1 to read as fol lows:
"Section 2.1. One member of the Board of Education of Berrien County shall be elected from each education district established in Section 1 of this Act by the voters of that education district."
Section 5. Said Act is further amended by adding a new Section 2.1 to read as fol lows:
WEDNESDAY, MARCH 25, 1992
3705
"Section 2.1. The members of the Berrien County Board of Education shall be elected by the voters of the entire county from the education districts established in Section 1."
Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Berrien County shall call and conduct an election as pro vided in this section for the purpose of submitting Section 4 of this Act to the electors of the Berrien County School District for approval or rejection. The election superintend ent shall conduct that election on the date of the general primary and shall issue the call therefor not less than 30 nor more than 60 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 Berrien County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the provision of the Act be approved which provides for the elec tion of the Board of Education of Berrien County from single-member
( ) NO districts?"
All persons desiring to vote for approval of said provision shall vote "Yes," and those persons desiring to vote for rejection of said provision shall vote "No." If more than onehalf of the votes cast on such question are for approval of Section 4 of this Act, it shall become of full force and effect immediately. If Section 4 of this Act is not so approved or if the election is not conducted as provided in this section, Section 4 of this Act shall not become effective and shall be automatically repealed, but the remaining provisions of this Act shall be and remain effective.
The expense of such election shall be borne by the Berrien County School District. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 7. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Berrien County to submit this Act to the United States Attorney General for approval.
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, provided that, if Section 4 of this Act is approved at the referendum held in November, 1992, then Section 5 of this Act shall be automatically repealed.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Representative Carter of the 146th moved that the House adopt the report of the Committee of Conference on HB 1924.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:
SB 790. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Anno tated, known as "The Patient Cost of Care Act," so as to change the defini tion of certain terms; to provide a rebuttable presumption that the full cost of care shall be imposed initially; to change the definition of the term "patient"; to provide for the possibility of a charge to one who is cared for or treated in a facility which is under the jurisdiction of the Department of Human Resources but which may not be a hospital.
The following Committee substitute was read and adopted:
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A BILL
To amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," so as to change the definition of certain terms; to pro vide a rebuttable presumption that the full cost of care shall be imposed initially; to change the definition of the term "patient"; to provide for the possibility of a charge for any care or treatment which may be provided to one who is cared for or treated in a facil ity which is under the jurisdiction of the Department of Human Resources but which may not be a hospital; to extend liability when a third party has extended beneficial coverage to a patient; to change the provisions relating to assessment of persons liable for cost of care generally; to change the provisions relating to standards for determination of assess ments for less than full cost of care; to eliminate a retroactive examination of assets so as to avoid a manipulation or dissipation of assets after an assessment is made; to remove ambiguous language so that negotiated settlements do not act as a bar for charges for future treatment or care; to provide that the Department of Human Resources shall adopt and comply with procedures to inform adequately patients and other persons determined liable for the cost of care of their right to hearings and of their right to request reassess ments; to enable the department to require an authorization for a more comprehensive review of assets and liabilities; to change the provisions relating to use of assets other than income for determination of assessments; to provide that following six months of continu ous inpatient hospitalization, the Department of Human Resources is expressly authorized to levy an assessment for the full cost of care against the assets of all patients having assets accumulated from government benefit payments in excess of certain amounts until such assets are reduced to a certain level; to provide a certain exception; to provide for notice to patients, families, and other interested persons; to provide for applicability with respect to Chapter 12 of Title 53, the "Georgia Trust Act"; to provide the department shall not be required to expend public funds for the purpose of providing support, care, and treatment covered under this Act to any patient until such patient has exhausted all other existing or future private, public, local, state, or federal programs or plans; to pro vide that before the department expends public funds for a patient's cost of care, the department may assess and recover the cost of a patient's care from the patient or other persons liable for such patient's cost of care if such patient is eligible for benefits under any other program or plan; to change the provisions relating to payment of cost of care from insurance, plans, or benefits; to expressly authorize the department to accept feder ally funded health and medical payments which may exceed the cost of care; to authorize the department to function as a participating member hospital and to be subrogated for recovery purposes against a multiplicity of parties; to provide for applicability of certain provisions of this Act; to repeal a certain provision relating to the deposit of funds col lected; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," is amended by striking in its entirety Code Section 37-9-2, relating to definitions, and inserting in lieu thereof a new Code Section 37-9-2 to read as follows:
"37-9-2. As used in this chapter, the term: (1) 'Assessment' means a determination by the department of the amount payable
by the persons liable for cost of care for services rendered to a patient; such amount shall be either the full cost of care or, if applicable, the amount payable toward cost of care, determined in accordance with the requirements of Code Section 37-9-5. It is expressly provided that there shall be a rebuttable presumption that the full cost of care is to be imposed. This presumption shall prevail until testimony, documentation, or evidence is provided pursuant to other provisions of this chapter.
(2) 'Cost of care' means the costs incurred for the support, care, and treatment of each individual patient or the per patient average of such costs as determined by the department on the basis of the estimated current operating costs of the hospital or an identifiable part or section thereof providing such services.
WEDNESDAY, MARCH 25, 1992
3707
_____ ___ _ patients who are residents of other states, 'Income' means that amount determined by adding to the gross income as now or hereafter defined in Georgia income tax laws, minus deductions and personal exemptions as authorized by such income tax laws, the following items listed in this paragraph, if such items are not already included in gross income as defined above. For a patient who is a resi dent of another state, 'income' means the same as above except no deductions will be made for any deductions or personal exemptions as authorized by Georgia income tax laws. The following items are to be added, respectively:
(A) Any amounts received by or on behalf of the person liable for cost of care from accident insurance or workers' compensation for total or partial incapacity to work, plus the amount of any damages received by or on behalf of the person liable for cost of care, whether by suit or agreement, on account of such injuries or sick
ness; (B) The net income from property acquired by gift, bequest, devise, or descent; (C) Interest upon obligations of the United States government or of this state
or of a political subdivision thereof; (D) The net income from individual holdings of stock in banks and trust compa
nies incorporated under the banking laws of this state or of the United States; (E) Retirement income, social security benefits, veterans' benefits, and any other
benefits that could be applied for the support of the patient; (F) The net income from any other assets, including but not limited to personal
property, real property, or mixed property, and any other property or estate wherever located and in whatever form, inclusive of any assets sold or transferred within a period of 90 days prior to the date services were first rendered to the patient by a hospital. (4) 'Patient' means any person who is admitted to or who receives services from a state hospital. (5) 'Persons liable for cost of care' means:
(A) The patient or his estate; (B) The patient's spouse; (C) The parent or parents of any patient under 18 years of age; (D) Any fiduciary or representative payee holding assets for the patient or on his behalf, including, in his representative capacity, the guardian, trustee, executor, or administrator of any trust, estate, inheritance, or fund in which a patient has a legal or beneficial interest; -. (E) Any person, if not otherwise liable, listed as the insured member of a con tract, plan, or benefit to the extent that such contract, plan, or benefit provides payment of hospitalization, medical expenses, and other health care services for the patient as a covered beneficiary or dependent; (F) A stepparent or any other person residing with and providing support of a patient under 18 years of age who has not been legally adopted by such individual, with maximum liability limited to the amount such stepparent or other individual is authorized by Georgia income tax laws to claim as a standard deduction and per sonal exemption for the patient; provided, however, that this limitation shall not apply to liability pursuant to other provisions of this chapter regarding hospital, health, and other medical insurance, program, or plan benefits or subrogation rights. (6) 'State hospital' means any state hospital which now or hereafter comes under the control of the Division of Mental Health, Mental Retardation, and Substance Abuse of the department and any facility operated in conjunction herewith therewith."
Section 2. Said chapter is further amended by striking in its entirety Code Section 37-9-5, relating to the assessment of persons liable for cost of care generally, and inserting in lieu thereof a new Code Section 37-9-5 to read as follows:
"37-9-5. (a) The department shall determine all persons who are liable for the cost of care of a patient and notify such persons of their joint and several liability and of their assessment. Such notice shall offer opportunity for any person so notified to be heard to show cause, if there be any, why such person should not be liable for payment of the assessment.
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(b) When the department determines that persons legally liable for the cost of care of a patient do not have sufficient income or assets to pay the entire cost of care, the department shall determine for each such person the amount payable toward cost of care which shall be a fair and equitable amount based on ability to pay determined in accordance with the requirements of Code Section 37-9-6. When applicable, the notice provided for in subsection (a) of this Code section shall reflect as the assessment the amount payable toward cost of care provided for in this chapter; and if a hearing is requested by any person receiving such notice, such person may question his liability for cost of care as well as the amount of his assessment. Failure of the patient or other per sons liable for cost of care to provide finnnical financial information to the department required to determine assessments on the basis of ability to pay in accordance with the requirements of Code Section 37-9-6 or failure of the patient or other persons liable for cost of care to cooperate with the department in obtaining payment of any insurance or health benefits available for a patient may result in assessment of such persons of the full cost of care of the patient. Failure of the patient or other persons liable for cost of care to cooperate with the department in applying on behalf of the patient for federal benefits and insurance, program, or plan benefits in order that a determination may be made of eligibility for such benefits may also result in assessment of such persons of the full cost of care of the patient and the burden of providing information to reduce the full cost of care is on the patient or other persons liable for cost of care.
(c) Any investigation or hearing regarding ability to pay shall not operate to deny or delay admission of a patient to a hospital or to deny or delay providing services for such patient.
(d) It shall be the duty of the department to reexamine the assessment periodically and either reduce or increase such assessment as hereinafter provided in accordance with changes in the ability to pay of the person liable for cost of care. If the department determines that the economic circumstances of a person liable for cost of care have improved to an extent justifying an increase in the assessment, any such increase shall apply only to cost of care for services rendered for the patient after the effective date of the increase in assessment and no such increase shall cause the assessment to exceed the total cost of care. The department may not increase an assessment as provided in this Code section without affording the person liable for cost of care an opportunity for a hearing on the question of the increase in the assessment. A person liable for cost of care may apply to the department for a change in the assessment when the person's eco nomic circumstances have changed sufficiently to affect adversely his future ability to pay. If an assessment for services previously rendered for a patient is being paid in accordance with a scheduled plan of payments approved by the department, then a reduction in assessment because of a change in the economic circumstances affecting adversely the ability to pay of the person liable for cost of care may apply to that por tion of the assessment for services previously rendered for the patient which remain unpaid as of the date of the reduction of the assessment as well as to the assessment for cost of services rendered after the date of the reduction. However, no such reduction shall require the refund of any payments made on an assessment prior to the date of the reduction of the assessment. After investigation and hearing, the department shall act upon the application made by the person liable for cost of care. Any redetermination of the assessment pursuant to this subsection shall be subject to the requirements of Code Section 37-9-6. Notwithstanding any reexamination or corresponding adjustment of an assessment which might be afforded, each assessment shall be valid for a period of 12 months from the date of the initial assessment or any reassessment thereafter. No reduction, increase, or opportunity for hearing shall be allowed after the assessment period.
(,6j Any person liflule to? cost of cftrc wno nets tftc iinftnciftl doility to pfty sucn cost of cflFG of d portion tftepeof wisy otter vO tne dep&Ftment tft writing ft proposed, fiercemcnt whereby such person agrees te pay est assessment specified in such proposed agree ment. If the department finds that such proposed agreement is satisfactory and that the
assessment specified tnerein 19 tft conformity witn toe stsnctftfds promulgated oy tne
WEDNESDAY, MARCH 25, 1992
3709
of the flsscssiftcn t specified tiiercm m iie^t of conducting ft ficflnn cmd flu order of flssessmen* D&sed upon tnc evidcncc produced ftr ft neftFin^. i lie
department may accept payment for full cost of care if any person liable for cost of care offers such payment in lieu of declaring financial circumstances and having an assess ment determined by hearing. Any assessment made pursuant to the authority of this subsection shall be subject to redetermination as provided by subsection (d) of this Code section if requested by the person liable for cost of care.
(i) wncn ft person lift Die tor cost T C&TG n&s p&id ift lull &n ssscssfticnt/ tor cost or care, such person shall net have any further obligation te the state er t the department for the payment ef- eest ef eare for services included in the paid assessment. The depart ment shall adopt and comply with procedures to inform adequately patients and other persons determined liable for the cost of care of their right to hearings and of their right to request reassessments."
Section 3. Said chapter is further amended by striking in its entirety Code Section 37-9-6, relating to standards for determination of assessments for less than full cost of care, and inserting in lieu thereof a new Code Section 37-9-6 to read as follows:
"37-9-6. The board shall establish standards for determining assessments when such assessments are less than the full cost of care. Such standards shall be based on the income, assets, and other circumstances of the persons liable for cost of care and shall include consideration of the number of dependents, as defined under Georgia income tax law and regulations; legal rights to payment under any insurance agreement, and other evidence of ability to pay; but no assessment shall be fixed or collected on the basis of any assets exempted by subsection (b) of Code Section 37-9-8. In determining assess ments for persons liable for cost of care, the department shall develop procedures to ensure that no dependent, deduction, or personal exemption as defined by Georgia income tax law will be reflected more than once in the determination of assessments for any one patient. In establishing standards to determine such assessments, the board shall adopt criteria to be applied uniformly to all persons liable for cost of care^ except that the board may adopt separate criteria for assessing monthly benefits or funds from any source to cover cost of care, support, and treatment provided to patients who are hospitalized for longer than three months and whose current needs, as defined by the Social Security Administration, are being met. However, the board shall ensure that the assessment made each month shall allow the recipients of such benefits or funds to retain at a minimum an amount as a personal allowance equal to the amount of the per sonal needs allowance allowed beneficiaries under the state medical assistance plan. Fur ther, such Stteh standards will include special provisions for assessing mentally retarded respite care admissions under Code Section 37-4-21 or any other respite program allowed by law or duly adopted departmental regulations, where such admissions are legally lim ited to 56 days of care a year. To the extent practicable, such criteria shall ensure that persons having the same or substantially the same financial ability to pay cost of care shall have the same or substantially the same financial obligation to pay such cost of care."
Section 4. Said chapter is further amended by striking in its entirety Code Section 37-9-7, relating to the authority of the department to determine income and assets, and inserting in lieu thereof a new Code Section 37-9-7 to read as follows:
37-9-7. (a) The department, through its duly authorized agents, shall have the authority to investigate or otherwise determine the income and assets of the patient or his estate and when necessary the income and assets of all other persons liable for the cost of care of such patient in order to determine ability to pay cost of care. All persons liable for cost of care must provide signed consent forms necessary to authorize and con duct an investigation to determine the income and assets of such persons in order to determine ability to pay cost of care. The department shall further have the authority to contract with any person, firm, or corporation which it finds necessary to provide the information appropriate to the carrying out of its duties under this chapter.
(b) The department shall require declarations to be filed by the patient or other per sons liable for cost of care necessary to determine the assessments required by this chap ter and shall prescribe the form and content thereof. All such declarations are to be
3710
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regarded as essential to carrying out the public policy of this state; and any person who knowingly falsifies such declarations shall be charged as for false swearing. Failure by the patient or other persons liable for cost of care to (1) provide information required by such declarations or (2) provide signature of consent for the department to conduct an investigation authorized by subsection (a) of this Code section shall create a rebuttable presumption that the patient or other persons liable for cost of care consent to and agree with the assessment of the full cost of care, and the declaration shall contain on its face, conspicuously and in clear language, a statement to that effect.
(c) The department, through its duly authorized agents, shall have access to Georgia income tax records for the purpose of obtaining necessary information to enforce this chapter. Upon the request of the department 'or its duly authorized agents, the state rev enue commissioner and his agents or employees shall disclose such income tax informa tion contained in any report or return required under Georgia law as may be necessary to enforce the provisions of this chapter. Any tax information secured from the federal government by the Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information or tax returns under the authority of this subsection shall be considered either an officer or employee as those terms are used in subsection (a) of Code Section 48-7-60; and as such an officer or employee, any person receiving any tax information or returns under the authority of this subsection shall be subject to Code Section 48-7-61.
(d) Any evidence, records, or other information obtained by the department or its duly authorized agents pursuant to the authority of this Code section shall be confiden tial and shall be used by the department or its agents only for the purposes of enforcing this chapter and shall not be released for any purpose other than a hearing provided for by this chapter.
(e) The department shall develop procedures to ensure that persons with no other documentation or evidence may sign an affidavit attesting to their indigent financial sta tus."
Section 5. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 37-9-8, relating to use of assets other than income for determination of assessments, and inserting in lieu thereof new subsections (b), (c), and (d) to read as fol lows:
"(b) The following assets of a person liable for cost of care shall be exempt from sub section (a) of this Code section:
(1) Real property which qualifies for a homestead exemption from ad valorem tax ation; and
(2) Any other real property which constitutes the principal residence of the person liable for cost of care but which does not qualify for a homestead exemption under paragraph (1) of this subsection; and
(3)--Any ether assets p to a tetel vatee ef- $10,000.00. (c) Notwithstanding any other provisions of this Code section, as of January 1^ 1993, following six months of continuous inpatient hospitalization, the department is expressly authorized to levy an assessment for the full cost of care against the assets of all patients having assets accumulated from government benefit payments in excess of amounts allowed by the eligibility resource limit for institutionalized residents estab lished by Title XIX of the federal Social Security Act of 1935, as amended, and regula tions promulgated pursuant thereto, until said assets are reduced to a level which would establish resource eligibility under such program for the patient; provided, however, that the assets listed in subsection (b) of this Code section shall be exempt from such assess ment if said assets would also be an excluded resource under eligibility criteria of Title XIX of the federal Social Security Act. Following the effective date of this Code section, the department shall provide notice regarding the provisions of this subsection to patients and family members or other appropriate persons who may be affected by the provisions of this subsection. (d) Nothing in this Code section shall be construed to supersede the provisions of Chapter 12 of Title 53, the 'Georgia Trust Act.'"
WEDNESDAY, MARCH 25, 1992
3711
Section 6. Said chapter is further amended by striking in its entirety Code Section 37-9-9, relating to payment of cost of care from insurance, plans, or benefits, and inserting in lieu thereof a new Code Section 37-9-9 to read as follows:
"37-9-9. Notwithstanding any other provisions of law, the department shall not be required to expend public funds for the purpose of providing support, care, and treat ment covered under this chapter to any patient until such patient has exhausted his or her eligibility and receipt of benefits under all other existing or future private, public, local, state, or federal programs or plans. Before the department expends public funds for a patient's cost of care, the department may assess and recover the cost of a patient's care from the patient or other persons liable for such patient's cost of care if such patient is eligible for benefits under any other program or plan. In the event the patient is covered by an insurance contract or any other plan or benefit of any nature providing for payment of hospitalization, medical expenses, and other health care services or any combination thereof, such patient or other person liable for the cost of care of such patient shall pay or cause to have paid from such insurance, plan, or benefit without deduction, exemptions, or credits, the full cost of care of the patient, or that portion thereof covered by such insurance, plan, or benefit. The assessment for cost of care of the patient made by the department pursuant to Code Section 37-9-5 shall be for the total amount payable by such insurance, plan, or benefit up to the total cost of care or for that portion of cost of care payable by such insurance, plan, or benefit; and if the proceeds from such insurance, plan, or benefit are less than the total cost of care, such assessment shall include an assessment based on the remaining balance, except where full payment of the balance or a portion thereof is required by a health insurance pro gram or other plan or benefit, in which case the balance or at least the required portion thereof will be the assessment. Further, the department shall comply with all federally funded health and medical insurance programs which require established amounts pay able by beneficiaries and is authorized to accept amounts payable toward cost of care under any insurance program, plan, or benefit if paid according to the provisions of such programs, plans, or benefits even though the amounts payable may exceed cost of care amounts as provided by this chapter. The department shall develop procedures to apply the provisions of this chapter, specifically Code Section 37-9-5, to any amounts which remain payable by the patient or beneficiaries under a federally funded health and med ical insurance program, provided that the application of any such procedures does not invalidate payment of benefits under the program. For the purpose of carrying out this Code section, the department is authorized to accept assignment of benefits payable under such insurance, plans, or benefits; but the department shall not require the assignment of such benefits as a condition precedent to the admission of a patient to a hospital or as a condition precedent to providing services for such pt.tient. In order to collect maximum benefits payable toward cost of care, the department is authorized to contract with any insurance program, plan, or benefit to become a participating mem ber hospital if payments are not made or are made at a lesser than full coverage amount to nonparticipating members. Moreover, the department or its designated agents will have subrogation rights to the recovery of a patient's cost of care that the patient or other person liable for the patient's cost of care may have against any person, estate, organization, entity, or plan. Further, if any patient or other person liable for the cost of a patient's care receives benefits or funds in settlement, judgment, or otherwise for any health care, medical expenses, or hospitalization or other care directly related to ser vices and care provided by the department to a patient, the patient or other person lia ble for cost of care will pay or cause to have paid the full cost of care or that portion thereof recovered which is directly related to the care provided by the department. This right of subrogation is cumulative and in addition to any other remedy and this right shall be available for any enforcement or collection process which is contemplated under other provisions of this chapter."
Section 7. Said chapter is further amended by striking in its entirety Code Section 37-9-12, relating to the deposit of funds collected by the department, which reads as fol
lows:
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JOURNAL OF THE HOUSE,
"37-9-12. All funds collected by the department pursuant to this chapter shall be paid into the general fund of the state treasury.", and inserting in lieu thereof the following:
"37-9-12. Reserved."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
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 Ashe Y Atkins
Baker Balkcom Y Barfoot Y Bargeron N Barnett.B N Barnett.M Y Bates N Beatty Y Benefield Birdsong N Blitch Y Bordeaux Y Bostick Y Branch
N Breedlove Brooks
Y Brown N Brush YBuck Y Buckner YByrd Y Campbell
N Canty Carrell
Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Cummings.M
Y Davis.D Davis.G
N Davis.M
Y Dixon.H Y Dixon.S Y Dobbs N Dover YDunn Y Edwards
N Elliott N Felton Y Fennel
Floyd,J.M N Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond
Y Hanner Y Harris,B Y Harris.J
Y Heard N Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore
YKing Kingston
Y Klein NLadd Y Lane,D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong
YLord Y Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B
McKinney,C N Meadows Y Merritt
Y Milam
E Mills Y Mobley N Moody Y Morsberger
Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten
N Pelote Y Perry
Y Pettit N Pinholster
Pinkston YPoag Y Porter Y Poston
Powell,A Y Powell.C N Presley 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 Stantil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert
Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White
Y Wilder N Williams.B
Williams ,J N Williams.R
Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 126, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representatives McKinney of the 40th and Kingston of the 125th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" 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.
Representative Mueller of the 126th moved that the House reconsider its action in giving the requisite constitutional majority to SB 790.
WEDNESDAY, MARCH 25, 1992
3713
On the motion, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams Y Aiken
Alford N Ashe Y Atkins
Baker Balkcom N Barfoot Bargeron Y Barnett.B Y Barnett.M N Bates
Y Beatty N Benefield
Birdsong Y Blitch N Bordeaux N Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush N Buck N Buckner NByrd N Campbell Y Canty Y Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers
N Clark.E Clark.L Coker
N Coleman Colwell
Connell N Culbreth Y Cummings.B
Cummings.M N Davis.D
Davis.G Y Davis.M N Dixon.H Y Dixon.S N Dobbs N Dover N Dunn
N Edwards Elliott
Y Felton Y Fennel
Floyd,J.M Y Floyd.J.W N Flynt
Y Godbee N Golden N Goodwin
E Green Y Greene Y Griffin N Groover
N Hamilton N Hammond
Manner Y Harris.B N Harris.J
Y Heard Henson
N Herbert N Holland
Holmes Y Howard N Hudson N Irwin N Jackson N Jamieson
N Jenkins Y Jones N Kilgore NKing N Kingston Y Klein YLadd Y Lane.D N Lane.R Y Langford Y Lawrence N Lawson NLee N Long NLord Y Lucas YMann N Martin N McBee N McCoy N McKelvey
McKinney.B McKinney.C Y Meadows N Merritt N Milam
On the motion, the ayes were 54, nays 95. The motion was lost.
E Mills N Mobley Y Moody N Morsberger
Moultrie Y Mueller N Oliver.C N Oliver.M NOrr
N Orrock
N Padgett N Parham N Parrish Y Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston NPoag N Porter N Poston Y Powell.A N Powell.C Y Presley N Purcell N Randall NRay
Reaves Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield
N Skipper Y Smith.L N Smith.P
Smith.T Y Smith, W Y Smyre NSnow N Stancil,F Y Stancil.S N Stanley N Streat N Taylor NTeper N Thomas.C Y Thomas.M N Thomas.N Y Thurmond N Titus Y Tolbert
Townsend N Turnquest Y Twiggs N Valenti Y Vaughan Y Walker,J
Walker.L N Wall Y Watson N Watts
White N Wilder N Williams.B
Williams,J Y Williams,R
Yeargin Murphy.Spkr
The Speaker assumed the Chair.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 1125.
By Representatives Poston of the 2nd, Fennel of the 155th, Orr of the 9th, Meadows of the 91st, Smith of the 16th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to create the State Ethics Commission; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying.
The following Senate substitute was read:
A BILL
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change certain definitions; to provide for pen alties for certain persons who make campaign contributions; to provide for contribution
3714
JOURNAL OF THE HOUSE,
limitations for all elected public officers; to reduce certain maximum allowable contribu tions; to provide for definitions; to provide for maximum allowable contributions by a political party; to prohibit the offer to give or the giving of any thing of value by lobbyists to public officers and public employees and members of their immediate families; to limit the offering or giving by any person registered or required to be registered as a lobbyist of a thing of value or series of things of value to a public officer, public employee, or mem ber of the officer's or employee's immediate family; to provide for a definition of what a "thing of value" shall not include; to provide for enforcement; to change the provisions relating to financial disclosure statements by public officers; to provide for the reporting of certain honoraria in financial disclosure statements; to provide for the registration of lobbyists with the State Ethics Commission; to define the term "lobbyist"; to provide that no person shall engage in the practice of a lobbyist unless such person is registered as a lobbyist; to provide for information to be furnished upon registration; to provide for sup plemental registration under certain circumstances; to provide for renewal procedures and for continuous registration; to provide for registration fees; to provide for identification cards for lobbyists; to provide for rosters of lobbyists; to limit the number of lobbyists which state agencies and other state organizations may have; to provide exceptions to reg istration requirements; to provide for lobbyist expenditure reports, their contents, and dates for filing with the State Ethics Commission; to provide a penalty for violations of this Act; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relat ing to lobbying, so as to repeal certain provisions of the law relating to registration of lob byists with the Secretary of State; to change certain references to the provisions repealed; to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to gen eral provisions relative to state government, so as to define certain terms; to provide that no state agency shall expend any public funds for personal services rendered by a retired state employee or official for a certain period following retirement; to provide for excep tions; to provide that retired state employees or officials shall not register as lobbyists for a certain period following retirement; to provide for related matters; 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. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," is amended by striking paragraph (15) of Code Section 21-5-3, relating to the definition of terms used in Chapter 5 of Title 21, the "Ethics in Government Act," and inserting in lieu thereof new paragraphs (14.1) and (15) to read as follows:
"(14.1) 'Public employee' means every person employed by the executive, legislative, or judicial branch of state government, or any department, board, bureau, agency, com mission, or authority thereof, or any county, municipality, board of education, political subdivision, or other governmental entity.
(15) 'Public officer' means: (A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or
appointed; (D) Each member of the General Assembly;
(E) The executive director of each state board or authority and the members thereof;
(F) Every elected county official every elected county or area school superintend ent, and every elected member of a county or area board of education; and
(G) Every elected municipal official."
Section 2. Said chapter is further amended by striking subsection (f) of Code Section 21-5-30, relating to contributions made to candidates or campaign committees or for recall of a public officer, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political
WEDNESDAY, MARCH 25, 1992
3715
campaign. Any person who knowingly violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both."
Section 3. Said chapter is further amended by adding two new paragraphs immedi ately following paragraph (6) of Code Section 21-5-40, relating to definitions regarding campaign contributions, to be designated paragraphs (6.1) and (6.2), to read as follows:
"(6.1) 'Political party' means any political organization which at the preceding: (A) Gubernatorial election nominated a candidate for Governor and whose candi
date for Governor at such election polled at least 20 percent of the total vote cast in the state for Governor; or
(B) Presidential election nominated a candidate for President of the United States and whose candidates for presidential electors at such election polled at least 20 per cent of the total vote cast in the nation for that office. (6.2) 'Public office' means the office of each elected public officer as specified in par agraph (15) of Code Section 21-5-3."
Section 4. Said chapter is further amended by striking subsection (a) of Code Sec tion 21-5-41, relating to maximum allowable contributions by persons or partnerships, and inserting in its place a new subsection (a) to read as follows:
"(a) No person shall for any election make contributions to any candidate for state wide elected public office ef the General Assembly which in the aggregate exceed
O o KQO QO 41 000 00 "
Section 5. Said chapter is further amended by striking Code Section 21-5-42, relating to maximum allowable contributions of corporations, and inserting in its place a new Code Section 21-5-42 to read as follows:
"21-5-42. No corporation shall for any election make contributions to any candidate for state-wide elected public office ef th General Aascmbly which in the aggregate, together with any contributions to the same candidate for the same election by any affil iated corporations, exceed $3,600.00 $1,000.00."
Section 6. Said chapter is further amended by striking Code Section 21-5-43, relating to maximum allowable contributions of political committees, and inserting in its place a new Code Section 21-5-43 to read as follows:
"21-5-43. No political committee shall for any election make contributions to any candidate for state-wide elected public office er the General Assembly which in the aggregate, together with any contributions to the same candidate for the same election by any affiliated political committees, exceed $3,600.00 $1,000.00."
Section 7. Said chapter is further amended by adding a new Code section immedi ately following Code Section 21-5-43, to be designated Code Section 21-5-43.1, to read as follows:
"21-5-43.1. No political party shall for any election make contributions to any candi date for public office which in the aggregate exceed $1,000.00."
Section 8. Said chapter is further amended by striking Code Section 21-5-44, relating to contributions to campaign committees, and inserting in its place a new Code Section 21-5-44 to read as follows:
"21-5-44. For purposes of this article, a contribution to a candidate's campaign com mittee of a candidate for public office shall be deemed to be a contribution to the such candidate."
Section 9. Said chapter is further amended by striking Code Section 21-5-45, relating to application of contribution limitations, and inserting in its place a new Code Section 21-5-45 to read as follows:
"21-5-45. The limitations on contributions imposed by this article shall apply sepa rately with respect to each election; provided, however, that no contribution whatsoever may be made to a candidate for public office for an election other than a general pri mary if the such candidate will not be on the ballot at such election other than a general primary."
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JOURNAL OF THE HOUSE,
Section 10. Said chapter is further amended by adding a new Article 2B to read as follows:
"ARTICLE 2B
21-5-46. (a) It shall be unlawful for any person registered or required to be regis tered as a lobbyist pursuant to Code Section 21-5-71 to offer to give or to give any thing of value to a public officer, public employee, or a member of such officer's or employee's immediate family.
(b) As used in subsection (a) of this Code section and in Code Section 16-10-2, a 'thing of value' shall not include any of the following:
(1) Promotional items distributed to the general public; (2) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, and the governing body of each political subdivision of this state; (3) Actual and reasonable expenses for food, beverages, travel, lodging, and regis tration for a meeting which are provided to permit participation in a panel or speak ing engagement at the meeting; (4) Informational material relevant to a public officer's or public employee's offi cial functions, such as books, pamphlets, reports, documents, or periodicals; (5) Actual and reasonable expenses, not to exceed $25.00, for food and refreshment in the ordinary course of a breakfast, lunch, or dinner business meeting, a public appearance, or an inspection tour where the public officer or public employee is prop erly in attendance as part of his or her official duties, provided that the total cost of such food and refreshment provided to a public officer or public employee by any lob byist shall not exceed $100.00 per public officer or public employee for any calendar year; or (6) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, or professional service. (c) Nothing in this Code section shall apply to campaign contributions. 21-5-47. Whenever it may appear to the commission, either upon complaint or other wise, that any person has engaged in or is engaging in any transaction which is declared to be unlawful under this article, the commission may investigate, hear evidence, and impose sanctions and penalties pursuant to Code Section 21-5-6."
Section 11. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-50, relating to financial disclosure statements, and inserting in its place a new paragraph (1) to read as follows:
"(1) Each monetary fee or honorarium of $101.00 or more which is received accepted by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received or honorarium accepted and the person from whom it was received accepted;".
Section 12. Said chapter is further amended by striking in its entirety subparagraph (c)(l)(B) of Code Section 21-5-50, relating to the filing of financial disclosure statements by public officers, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Each transaction or transactions which aggregate $9,000.00 or more in a calen dar year in which the candidate or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a agent a lobbyist registered with the Secretary of State commission pursuant to Gede Seetie 28-7-2 Article 4 of this chapter."
Section 13. Said chapter is further amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
21-5-70. As used in this article, the term 'lobbyist' means:
WEDNESDAY, MARCH 25, 1992
3717
(1) Any person who, for compensation, undertakes to promote or oppose the pas
sage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor;
(2) Any person any part of whose duties as an employee of another person includes
undertaking to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Gov
ernor; (3) Any person who makes a total expenditure of more than $100.00 in a calendar
year, not including the person's own travel, food, lodging expenses, or informational material to promote or oppose the passage of any legislation by the General Assembly,
or any committee thereof, or the approval or veto of legislation by the Governor; or (4) Any person who as an employee of the executive branch or judicial branch of
state government engages in any activity covered under paragraphs (1) through (3) of
this Code section. 21-5-71. (a) No person shall engage in the practice of a lobbyist unless such person is registered with the commission as a lobbyist. Any person may register with the com mission as a lobbyist even though such person is not required to register as a lobbyist
by this article. (b) Each lobbyist shall file an application for registration with the commission. The
application shall be verified by the applicant and shall contain:
(1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf;
(3) A statement of the business or purpose of each person, firm, corporation, asso ciation, or agency the applicant represents and the issue areas or subject matters on
which the applicant expects to lobby; (4) The names and addresses of all public officers or former public officers
employed or retained by the lobbyist or the lobbyists's employer with details of the
nature of the employment or contract; and (5) A statement signed by the person or agency employing, appointing, or authoriz
ing the applicant to lobby on its behalf. (c) The lobbyist shall file a supplemental registration indicating any substantial or material change or addition to the registration within three days of said change occur ring prior to its expiration. Previously filed information may be incorporated by refer
ence. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment
information required by paragraphs (3), (4), and (5) of subsection (b) of this Code sec
tion.
(d) Each registration under this Code section shall expire on December 31 of each
year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference.
21-5-72. Each lobbyist registering under this article shall be required to pay the
appropriate registration fee as follows:
(1) Ten dollars for each registrant representing a state, county, municipal, or pub
lic agency, department, commission, or authority;
(2) Fifteen dollars for each registrant employed by an organization exempt or eligi ble for exemption from federal income tax under Section 501(c)(3) or 501(c)(4) of the
Internal Revenue Code, as that code is defined in Code Section 48-1-2, or who is not required to register with the commission as a lobbyist but who chooses to do so as
provided in Code Section 21-5-71; or
(3) Three hundred dollars for each registrant representing a for profit entity, an organization representing for profit entities, or a professional association and not cov
ered under paragraphs (1) and (2) of this Code section.
21-5-73. (a) As soon as practicable after registering any such lobbyist, the commis sion shall issue to such lobbyist an identification card which shall have printed thereon
the word 'LOBBYIST' and the name of the lobbyist and the person, firm, corporation, association, agency, or governmental entity such lobbyist represents, provided that, when
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any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person. Each lobbyist while engaged in lob bying shall display said identification card in a readily visible manner.
(b) The commission shall regularly publish public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall periodi cally report to the House of Representatives, the Senate, and the Governor those per sons who have registered since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for copies of the roster.
(c) The registration provisions of this Code section shall not apply to: (1) Any individual who expresses personal views, on that individual's own behalf,
to any public officer; (2) Any person who appears before a committee of the General Assembly for the
purpose of giving testimony when such person is not otherwise required to comply with the registration provisions of this article;
(3) Any public employee of an agency, department, commission, or authority appearing before a committee of the General Assembly at the request of the commit tee or any person who furnishes information upon the specific request of a committee;
(4) Elected public officers performing the official duties of their public office; (5) Any licensed attorney appearing on behalf of a client in any adversarial pro ceeding before an agency of this state; and (6) A public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; or preparing arguments and submit ting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators. 21-5-74. (a) During any year that a lobbyist is registered under this article, the lob byist shall file a lobbyist expenditure report with the commission as follows: (1) By the last day of each month during any month that the General Assembly is in regular or special session; (2) Within 30 days following the last day that the General Assembly is in regular or special session; and (3) Quarterly current through the end of quarters ending March 31, June 30, Sep tember 30, and December 31 of each year. (b) (1) Each lobbyist expenditure report shall be verified and shall disclose every expenditure made since the filing of the preceding report to any elected or appointed public officer where such expenditure is made to the benefit of, for, or on behalf of a public officer or public employee whether in the course of influencing the passage of legislation by the General Assembly, influencing official action by any agency, department, commission, or authority, or influencing the approval or veto of legisla tion by the Governor or otherwise. The report shall contain, with respect to each expenditure the following:
(A) The name and official position of the elected or appointed public officer in whose behalf the expenditure is made;
(B) The name of the payee; (C) The general description of the item or service purchased; and (D) The date and amount of the expenditure. (2) With respect to each expenditure reported under paragraph (1) of this subsec tion for transportation or lodging for the Governor, Lieutenant Governor, a member of the General Assembly, or for a member of the immediate family of any such public officers, the report shall contain:
(A) The name of the elected public officer in whose behalf the expenditure is
made; (B) The method of transportation and the place and date of lodging; and
(C) The amount of the transportation or lodging expenditure.
(c) The commission shall maintain lobbyist expenditure reports for a period of at least seven years.
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21-5-75. (a) In addition to other penalties provided in this article, the commission may by order deny, suspend, or revoke for a period not to exceed one year the registra tion of a lobbyist if it finds that the lobbyist:
(1) Has filed an application for registration with the commission which was incom plete in a material respect or contained a statement that was, in light of the circum stances under which it was made, false or misleading with respect to a material fact;
(2) Has willfully violated or willfully failed to comply with this article or a rule promulgated by the commission under this article;
(3) Has failed to comply with the reporting requirements of this article; or (4) Has engaged in lobbying practices in violation of this article. (b) Application may be made to the commission for reinstatement. Such reinstate ment shall be conducted in the same manner as required for an initial registration under this article and shall be conditioned upon payment of the same registration fees applica ble to an initial registration and also any outstanding penalty fees. (c) Any person failing to comply with or violating any of the provisions of this article shall be guilty of a misdemeanor."
Section 14. Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying, is amended by striking Code Section 28-7-1, relating to the definition of and punishment for lobbying, which reads as follows:
"28-7-1. (a) Lobbying is any personal solicitation of a member of the General Assembly, during a session thereof, by private interview, or letter, or message, or other means, not addressed solely to the judgment, to favor or oppose, or to vote for or against any bill, resolution, report, or claim, pending or to be introduced in either branch thereof, by any person who misrepresents the nature of his interest in the matter to such member or who is employed for a consideration by a person or corporation inter ested in the passage or defeat of such bill, resolution, report, or claim for the purpose of procuring the passage or defeat thereof. Lobbying shall not include such service as drafting petitions, bills, or resolutions; attending to the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators.
(b) Lobbying shall be punished by confinement in the penitentiary for not less than one year nor more than five years.", in its entirety and inserting in lieu thereof the following:
"28-7-1. Reserved."
Section 15. Said chapter is further amended by striking in its entirety Code Section 28-7-2, relating to registration with the Secretary of State, which reads 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, 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 $5.00, 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
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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 author ity, 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 identifica tion 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 asso ciations or state departments, boards, agencies, commissions, or authorities they repre sent. 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 responsibil ity 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 upon the specific request of a member of the General Assembly or of a department head or constitutional officer representing that department or office.", and inserting in lieu thereof the following:
"28-7-2. Reserved."
Section 16. Said chapter is further amended by striking in its entirety Code Section 28-7-4, relating to the presence of certain persons on the floor of the House or Senate for purposes of privately discussing pending measures, and inserting in lieu thereof a new Code Section 28-7-4 to read as follows:
"28-7-4. It shall be unlawful for any person registered pursuant to the requirements of Code Section 28-7-2 Article 4 of Chapter 5 of Title 21 or for any other person, except as authorized by the rules of the House or Senate, to be on the floor of either house of the General Assembly while the same is in session to discuss privately measures then pending in the General Assembly."
Section 17. Said Chapter 7 of Title 28 is further amended by striking in its entirety Code Section 28-7-5, relating to the penalty for violating Code Sections 28-7-2 through 28-7-4, and inserting in lieu thereof a new Code Section 28-7-5 to read as follows:
"28-7-5. Any person failing to comply with or violating any of the provisions of Code Sections 28-7-2 through Section 28-7-3 or 28-7-4 shall be guilty of a misdemeanor."
Section 18. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, is amended by inserting at the end thereof a new Code section to read as follows:
"50-1-4. (a) As used in this Code section, the term: (1) 'Pension or retirement benefit' means any pecuniary benefit which a retired
employee is entitled to receive from any public retirement system created by Title 47 as a result of service rendered to this state or any state agency.
(2) 'Retired employee' means any person, including without limitation an elected or appointed official, who was formerly employed by the state or any state agency and
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3721
is currently receiving or is entitled upon application to receive any pension or retire ment benefit.
(3) 'State agency' means any agency, authority, department, board, bureau, or instrumentality of this state; provided, however, that such term shall not mean a polit ical subdivision of the state. (b) No state agency shall expend any public funds for personal services rendered or to be rendered by or under the direct supervision of any retired employee during a period of two calendar years immediately following such employee's retirement. This prohibition shall expressly extend to, but shall not be limited to, the rendering of per sonal services as a consultant. This prohibition shall extend to contractual arrangements with any business entity with which a retired employee may be affiliated as well as to contractual arrangements directly with a retired employee. (c) The provisions of this Code section shall not affect the terms of any contract in effect on the effective date of this Code section. (d) No retired employee shall register as or serve as a lobbyist pursuant to Article 4 of Chapter 5 of Title 21 during a period of two calendar years immediately following such employee's retirement."
Section 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 20. All laws and parts of laws in conflict with this Act are repealed.
Representative Poston of the 2nd moved that the House disagree to the Senate substi tute to HB 1125.
The motion prevailed.
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 463. By Senator Kidd of the 25th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia State Speech-Language Pathology and Audiology Licensing Act," so as to change the definition of the term "speech-language pathology aide" or "audiology aide"; to change the provi sions relating to the general powers of the State Board of Examiners for Speech-Language Pathology and Audiology.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia State Speech-Language Pathology and Audiology Licensing Act," so as to change the definition of the term "speech-language pathology aide"; to change the provi sions relating to the general powers of the State Board of Examiners for Speech-Language Pathology and Audiology; to repeal certain provisions relating to the registration and regu lation of audiology aides; to exempt certain public education communication aides from certain registration requirements applicable to speech-language pathology aides; to provide for the scope of practice of speech-language pathology aides; to provide that such board shall be authorized to determine minimum requirements for speech-language pathology aides; 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 44 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia State Speech-Language Pathology and Audiology Licensing Act," is
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amended by striking in its entirety paragraph (5) of Code Section 43-44-3, relating to defi nitions, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Speech-language pathology aide' or 'audiology aide' means any person who aids in the providing of those speech-language pathology services authorized by the board. who meets the minimum requirements established by the State Board of Examiners for Speech-Language Pathology and Audiology2 and who works directly under the supervi sion of a licensed speech-language pathologist er licensed audiologist, respectively."
Section 2. Said chapter is further amended by striking in its entirety paragraph (7) of subsection (a) of Code Section 43-44-6, relating to the general powers and duties of the board, and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Register and otherwise regulate qualified speech-language pathology er audiolgy aides and persons engaged in paid clinical experience as provided in paragraph (4) of subsection (a) of Code Section 43-44-8;".
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-44-7, relating to license requirements and exemptions, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) Licensure is not required of a speech-language pathologist or an audiologist certified by the Department of Education while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party.
(2) Registration as a speech-language pathology aide is not required of a public education communication aide while that person is working as an employee of an edu cational institution, provided that no fees are charged for the services either directly or through a third party."
Section 4. Said chapter is further amended by adding between Code Sections 43-44-10 and 43-44-11 a new Code Section 43-44-10.1 to read as follows:
"43-44-10.1. A speech-language pathology aide is one, other than a licensed speechlanguage pathologist, who is employed to assist a licensed speech-language pathologist by performing under direct supervision those acts, services, practices, and procedures as authorized under this chapter and approved by the board by rule or regulation. The board shall be authorized to determine minimum requirements for speech-language pathology aides."
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 ayes were 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
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.
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3723
Representative Kilgore of the 42nd moved that the House insist on its position in sub stituting SB 155.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:
SB 774. By Senators Langford of the 35th, Dawkins of the 45th, Taylor of the 12th and others:
A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to provide that on and after July 1, 1992, a retail dealer license shall be issued only to an individual who meets certain requirements relating to residency and ownership of business; to provide certain exceptions.
The following Committee substitute was read and withdrawn:
A BILL
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bev erages, so as to change the provisions for and limitations upon refunds or credits for taxes on alcoholic beverages; to change provisions relating to the manner of collecting state excise taxes on distilled spirits; to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to refund of taxes, so as to provide that said Code section shall not apply to taxes paid or stamps purchased for alcoholic beverages; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking Code Section 3-2-13, relating to the issuance of refunds or credits for taxes paid on alcoholic beverages or stamps purchased, and inserting in lieu thereof a new Code Section 3-2-13 to read as follows:
"3-2-13. (a) Notwithstanding any other provision of this title to the contrary, the provisions of this article shall provide the exclusive remedy and procedure for seeking and obtaining any and all refunds or credits for taxes paid on alcoholic beverages and for stamps purchased in payment of taxes on alcoholic beverages. No refund in the form of a disbursement from the state treasury shall be allowed for any such taxes or pay ments unless expressly authorized by this article.
{} (b) The commissioner may issue refunds or credits for taxes paid by or due from a wholesaler or, in the case of taxes on distilled spirits, may issue refunds er credits for stamps purchased by a manufacturer, distiller, or wholesaler when it can be is shown to the commissioner's satisfaction that any of the following events have occurred:
(1) Alcoholic beverages have been received by the wholesaler through an error in shipment and the alcoholic beverages are returned to the shipper prior to any sale by the wholesaler in this state;
(2) Alcoholic beverages ordered by the wholesaler have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area;
(3) Alcoholic beverages which are unfit for consumption upon receipt have been received by the wholesaler and the alcoholic beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in this state;
(4) Alcoholic beverages have been destroyed while in the possession of a wholesaler within the state by an act of God, such as fire, flood, lightning, wind, or other natural calamity; or
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(5) Wines have been sold by the wholesaler for delivery and consumption outside the state, provided the sale and delivery shall in all respects comply with the require ments of Code Section 3-6-26. IT ; or
(6) Taxes were paid or stamps were purchased under a statute expressly held to be unconstitutional by a court of last resort and the payments were made under pro test and the ground of the protest was the same as the basis for the ruling of uncon stitutionally by the court of last resort. {b} (c) Ay taanufaetttfef; distiller, ef wholesaler receiving refciftd et No person shall receive a credit for taxes paid or stamps purchased; in every any case where an amount equal to the amount of taxes paid or to the cost of the stamps purchased has been charged or paid by the wholesaler, shall refend er credit te tfee wholesaler <m amount eqal te the credit e* reftmd allowed by the commigateaeft any purchaser of the person seeking a refund or credit. When an applicant is issued a credit for taxes paid or stamps purchased, in every case where an amount equal to the amount of taxes paid or cost of the stamps purchased has been charged to or paid by any purchaser of the applicant, the applicant shall refund or credit to the purchaser or customer an amount equal to the credit allowed by the commissioner."
Section 2. Said title is further amended by striking Code Section 3-2-14, relating to limitations on refunds, and inserting in lieu thereof a new Code Section 3-2-14 to read as follows:
"3-2-14. (a) No credit for taxes paid on alcoholic beverages or for stamps purchased in payment of taxes on alcoholic beverages shall be allowed unless an application for credit is filed with the commissioner within 90 days from the date payment is received by the commissioner. If, in the opinion of the commissioner, ay refund an application filed by a applicant for refund credit of taxes paid pursuant to this title contains a false statement er if the 2 the application shall be denied. When an applicant is indebted to the state or an applicant is in violation of this title, the commissioner shall decline to approve the refund payment credit until the applicant has complied with the laws of this state. Payment ef the refund shaH be made, subject te this titter tf the commissioner finds that the applicant is justly entitled te the refund. In no event shall interest be allowed on any refund or credit for taxes paid on alcoholic beverages or for stamps pur chased in payment of taxes on alcoholic beverages. Nothing contained in this Code sec tion shall be construed so as to allow for a credit or refund of any license fee lawfully due or paid under this title.
(b) Each application for credit shall be filed in writing in the form and containing such information as the commissioner may reasonably require. The commissioner or his delegate shall consider information contained in the application, together with such other information as may be available, and shall approve or disapprove the application and notify the applicant of his action. Any applicant whose claim is denied by the com missioner or his delegate or whose claim is not decided by the commissioner or his dele gate within one year from the date of filing the claim shall have the right to bring an action for a credit in the Superior Court of Fulton County. No action or proceeding for the recovery of a credit shall be commenced before the expiration of one year from the date of filing the application unless the commissioner or his delegate renders a decision on the application within that time, nor shall any action or proceeding be commenced after the occurrence of the earlier of (1) the expiration of one year from the date the claim is denied, or (2) the expiration of two years from the date the application was filed. The time for filing an action for the recovery of a credit may be extended for such period as may be agreed upon in writing between the applicant and the commissioner during the period authorized for bringing an action or any extension thereof. In the event any application is approved and the taxpayer has not paid other state taxes which have become due, the commissioner may set off the unpaid taxes against the credit. When the setoff authorized in this Code section is exercised, the credit shall be deemed granted and the amount of the setoff shall be considered for all purposes as payment toward the particular tax debt which is being set off. Any excess credit properly allowa ble under this Article which remains after the setoff has been applied may be credited to the taxpayer."
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3725
Section 3. Said title is further amended by striking Code Section 3-4-61, relating to the collection of state excise taxes on distilled spirits, which reads as follows:
"3-4-61. (a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be collected in the following manner:
(1) The commissioner shall prescribe suitable stamps in proper denominations denoting the payment of taxes imposed by this part, and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intri cate geometric design on safety paper or in a manner as may be prescribed by the commissioner;
(2) Before shipment or delivery to any retailer, every manufacturer or wholesaler shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax; and
(3) All manufacturers, distillers, or wholesalers who sell, ship, or deliver to each other shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax. (b) The commissioner may at his discretion replace mutilated stamps when fully sat isfied that the stamps have not been used.", and inserting in lieu thereof a new Code Section 3-4-61 to read as follows: "3-4-61. (a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be paid by the licensed wholesale dealer in distilled spirits.
(b) The taxes shall be paid on or before the tenth day of the month following the calendar month in which the beverages are sold or disposed of within the particular municipality or county by the wholesale dealer.
(c) Each licensee responsible for the payment of the excise tax shall file a report itemizing for the preceding calendar month, by size and type of container, the exact quantities of distilled spirits sold during the month within the state. The licensee shall file the report with the commissioner.
(d) The wholesaler shall remit to the commissioner the tax imposed by the state on the tenth day of the month following the calendar month in which the sales were made.
(e) In order to phase in the reporting system of excise tax payment for distilled spir its and alcohol:
(1) The commissioner shall direct that no later than January 31, 1993, all persons who made excise tax payments in respect of distilled spirits and alcohol sales in the State of Georgia during the calendar year 1992 shall make a one-time deposit equal to the amount of 25 percent of said tax payments. This one-time advance shall be repaid in full by the state in equal semiannual installments over the period of 24 months following February 1, 1993; except that, in the event wholesalers made pay ments as provided for in this paragraph, the commissioner shall repay such wholesal ers in the form of semiannual credits against future tax liability;
(2) On February 1, 1993, or as soon thereafter as practicable, the commissioner shall direct that an inventory be taken of stamped merchandise and tax stamps held by manufacturers, shippers, and wholesalers. The commissioner shall issue refunds to all manufacturers and shippers for the value of tax stamps in their possession on Feb ruary 1, 1993, to be paid in 12 equal installments beginning on March 1, 1993. The commissioner shall issue tax credits to wholesalers for stamps in inventory on Febru ary 1, 1993, which shall be applied as credits against the wholesaler's future tax liabil
ity for the 12 month period beginning with the report due on March 10, 1993; (3) Nothing in this subsection shall be construed to impose an additional excise
tax on distilled spirits and alcohol held in inventory by wholesalers and retailers above the excise tax paid prior to February 1, 1993; and
(4) The commissioner shall adopt rules and regulations essential to the implemen tation of a reporting method of paying distilled spirits and alcohol excise taxes as well
as the elimination of the use of any type of distilled spirits and alcohol stamp. The commissioner shall have full authority to allow credits or make refunds as provided for in this subsection."
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Section 4. Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to refunds of taxes, is amended by adding a new subsection (d) at the end thereof to read as follows:
"(d) This Code section shall not apply to taxes paid or stamps purchased for alco holic beverages pursuant to Title 3."
Section 5. (a) Section 3 of this Act shall become effective February 1, 1993. All other provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) With regard to taxes paid and stamps purchased on or after the effective date of this Act, all provisions of this Act shall fully apply.
(c) With regard to taxes paid and stamps purchased prior to the effective date of this Act and with regard to which no application for credit or claim for refund was filed prior to the effective date of this Act, all of the provisions of this Act shall apply, provided that, with regard to payments made less than three years prior to the effective date of this Act, the taxpayer shall have 90 days from the effective date of this Act within which to file with the commissioner the protest and the application for credit provided for by this Act, and provided, further, that no interest shall be allowed on any such taxes paid or stamps purchased.
(d) With regard to taxes paid and stamps purchased prior to the effective date of this Act and with regard to which an application for credit or claim for refund has been filed prior to the effective date of this Act, the law which was in effect at the time the application for credit or claim for refund was filed shall apply, provided that no interest shall be allowed on any such payments, and provided, further, that if a suit for refund or credit has not been filed prior to the effective date of this Act with regard to any such application or claim, any suit for recovery of a credit pertaining to such a claim or applica tion must be filed within 90 days after the effective date of this Act.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Dixon of the 151st, et al., was read:
A BILL
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bev erages, so as to change the provisions for and limitations upon refunds or credits for taxes on alcoholic beverages; to change provisions relating to the manner of collecting state excise taxes on distilled spirits; to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to refund of taxes, so as to clarify that said Code section does not apply to taxes paid or stamps purchased for alcoholic beverages; to provide an effec tive date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking Code Section 3-2-13, relating to the issuance of refunds or credits for taxes paid on alcoholic beverages or stamps purchased, and inserting in lieu thereof a new Code Section 3-2-13 to read as follows:
"3-2-13. (a) Notwithstanding any other provision of this title or any other title to the contrary, the provisions of this article shall provide the exclusive remedy and proce dure for seeking and obtaining any and all refunds or credits for taxes paid on alcoholic beverages and for stamps purchased in payment of taxes on alcoholic beverages. No refund in the form of a disbursement from the state treasury shall be allowed for any such taxes or payments. No credit shall be allowed for any such taxes or payments unless expressly authorized by this article.
{a} (b) The commissioner may issue refunds er credits for taxes paid by or due from a wholesaler or, in the case of taxes on distilled spirits, may issue rcfunda credits for
WEDNESDAY, MARCH 25, 1992
3727
stamps purchased by a manufacturer, distiller, or wholesaler when it can fee is shown to the commissioner's satisfaction that any of the following events have occurred:
(1) Alcoholic beverages have been received by the wholesaler through an error in shipment and the alcoholic beverages are returned to the shipper prior to any sale by the wholesaler in this state;
(2) Alcoholic beverages ordered by the wholesaler have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area;
(3) Alcoholic beverages which are unfit for consumption upon receipt have been received by the wholesaler and the alcoholic beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in this state;
(4) Alcoholic beverages have been destroyed while in the possession of a wholesaler within the state by an act of God, such as fire, flood, lightning, wind, or other natural calamity; or
(5) Wines have been sold by the wholesaler for delivery and consumption outside the state, provided the sale and delivery shall in all respects comply with the require ments of Code Section 3-6-26.lt j or
(6) Taxes were paid or stamps were purchased under a statute expressly held to be unconstitutional by a court of last resort and the payments were made under pro test and the ground of the protest was the same as the basis for the ruling of unconstitutionality by the court of last resort. {b} (c) Ay manufacturer, distiller, er wholesaler receiving refund er No person shall receive a credit for taxes paid or stamps purchased; in every any case where an amount equal to the amount of taxes paid or to the cost of the stamps purchased has been charged to or paid by the wholesaler, shall refund er credit to the wholesaler eat amount equal te the credit er refund allowed fey the commissioner, any purchaser of the person seeking a refund or credit. When an applicant is issued a credit for taxes paid or stamps purchased, in every case where an amount equal to the amount of taxes paid or cost of the stamps purchased has been charged to or paid by any purchaser of the applicant, the applicant shall refund or credit to the purchaser or customer an amount equal to the credit allowed by the commissioner."
Section 2. Said title is further amended by striking Code Section 3-2-14, relating to limitations on refunds, and inserting in lieu thereof a new Code Section 3-2-14 to read as follows:
"3-2-14. (a) No credit for taxes paid on alcoholic beverages or for stamps purchased in payment of taxes on alcoholic beverages shall be allowed unless an application for credit is filed with the commissioner within 90 days from the date payment te received by the commissioner. If, in the opinion of the commissioner, any refund an application fifed by a applicant for reftmd credit of taxes paid pursuant to this title contains a false statement er if the 2 the application shall be denied. When an applicant is indebted to the state or an applicant is in violation of this title, the commissioner shall decline to approve the refund payment credit until the applicant has complied with the laws of this state. Payment ef the refund shall fee made, subject te this title, if- the commissioner finds that the applicant is justly entitled te the refund. In no event shall interest be allowed on any refund or credit for taxes paid on alcoholic beverages or for stamps pur chased in payment of taxes on alcoholic beverages. Nothing contained in this Code sec tion shall be construed so as to allow for a credit or refund of any license fee lawfully due or paid under this title.
(b) Each application for credit shall be filed in writing in the form and containing such information as the commissioner may reasonably require. The commissioner or his delegate shall consider information contained in the application, together with such other information as may be available, and shall approve or disapprove the application and notify the applicant of his action. Any applicant whose claim js denied by the com missioner or his delegate or whose claim is not decided by the commissioner or his dele gate within one year from the date of filing the claim shall have the right to bring an action for a credit in the Superior Court of Fulton County. No action or proceeding for the recovery of a credit shall be commenced before the expiration of one year from the date of filing the application unless the commissioner or his delegate renders a decision
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JOURNAL OF THE HOUSE,
on the application within that time, nor shall any action or proceeding be commenced after the occurrence of the earlier of (1) the expiration of one year from the date the claim is denied, or (2) the expiration of two years from the date the application was filed. The time for filing an action for the recovery of a credit may be extended for such period as may be agreed upon in writing between the applicant and the commissioner during the period authorized for bringing an action or any extension thereof. In the event any application is approved and the taxpayer has not paid other state taxes which have become due, the commissioner may set off the unpaid taxes against the credit. When the setoff authorized in this Code section is exercised, the credit shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess credit properly allowa ble under this Article which remains after the setoff has been applied may be credited to the taxpayer."
Section 3. Said title is further amended by striking Code Section 3-4-61, relating to the collection of state excise taxes on distilled spirits, which reads as follows:
"3-4-61. (a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be collected in the following manner:
(1) The commissioner shall prescribe suitable stamps in proper denominations denoting the payment of taxes imposed by this part, and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intri cate geometric design on safety paper or in a manner as may be prescribed by the commissioner;
(2) Before shipment or delivery to any retailer, every manufacturer or wholesaler shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax; and
(3) All manufacturers, distillers, or wholesalers who sell, ship, or deliver to each other shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax. (b) The commissioner may at his discretion replace mutilated stamps when fully sat isfied that the stamps have not been used.", and inserting in lieu thereof a new Code Section 3-4-61 to read as follows: "3-4-61. (a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be paid by the licensed wholesale dealer in distilled spirits.
(b) The taxes shall be paid on or before the tenth day of the month following the calendar month in which the beverages are sold or disposed of within the particular municipality or county by the wholesale dealer.
(c) Each licensee responsible for the payment of the excise tax shall file a report itemizing for the preceding calendar month, by size and type of container, the exact quantities of distilled spirits sold during the month within the state. The licensee shall file the report with the commissioner.
(d) The wholesaler shall remit to the commissioner the tax imposed by the state on the tenth day of the month following the calendar month in which the sales were made.
(e) In order to phase in the reporting system of excise tax payment for distilled spir its and alcohol:
(1) The commissioner shall direct that no later than January 31, 1993, all persons who made excise tax payments in respect of distilled spirits and alcohol sales in the State of Georgia during the calendar year 1992 shall make a one-time deposit equal to the amount of 25 percent of said tax payments. This one-time advance shall be repaid in full by the state in equal semiannual installments over the period of 24 months following February 1, 1993; except that, in the event wholesalers made pay ments as provided for in this paragraph, the commissioner shall repay such wholesal ers in the form of semiannual credits against future tax liability;
(2) On February 1, 1993, or as soon thereafter as practicable, the commissioner shall direct that an inventory be taken of stamped merchandise and tax stamps held by manufacturers, shippers, and wholesalers. The commissioner shall issue refunds to
WEDNESDAY, MARCH 25, 1992
3729
all manufacturers and shippers for the value of tax stamps in their possession on Feb ruary 1, 1993, to be paid in 12 equal installments beginning on August 1, 1993. The commissioner shall issue tax credits to wholesalers for stamps in inventory on Febru ary 1, 1993, which shall be applied as credits against the wholesaler's future tax liabil ity for the 12 month period beginning with the report due on August 10, 1993;
(3) Nothing in this subsection shall be construed to impose an additional excise tax on distilled spirits and alcohol held in inventory by wholesalers and retailers above the excise tax paid prior to February 1, 1993; and
(4) The commissioner shall adopt rules and regulations for the implementation of a reporting method of paying distilled spirits and alcohol excise taxes as well as the elimination of the use of any type of distilled spirits and alcohol stamp. The commis sioner shall have full authority to allow credits or make refunds as provided for in this subsection."
Section 4. Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to refunds of taxes, is amended by adding a new subsection (d) at the end thereof to read as follows:
"(d) This Code section shall not apply to taxes paid or stamps purchased for alco holic beverages pursuant to Title 3."
Section 5. (a) Section 3 of this Act shall become effective February 1, 1993. All other provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) With regard to taxes paid and stamps purchased on or after the effective date of this Act, all provisions of this Act shall fully apply.
(c) With regard to taxes paid and stamps purchased prior to the effective date of this Act and with regard to which no application for credit or claim for refund was filed prior to the effective date of this Act, all of the provisions of this Act shall apply, provided that, with regard to payments made less than three years prior to the effective date of this Act, the taxpayer shall have 90 days from the effective date of this Act within which to file with the commissioner the protest and the application for credit provided for by this Act, and provided, further, that no interest shall be allowed on any such taxes paid or stamps purchased.
(d) With regard to taxes paid and stamps purchased prior to the effective date of this Act and with regard to which an application for credit or claim for refund has been filed prior to the effective date of this Act, the law which was in effect at the time the application for credit or claim for refund was filed shall apply, provided that no interest shall be allowed on any such payments, and provided, further, that if a suit for refund or credit has not been filed prior to the effective date of this Act with regard to any such application or claim, any suit for recovery of a credit pertaining to such a claim or applica tion must be filed within 90 days after the effective date of this Act.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Dixon of the 151st moves to amend the Floor substitute to SB 774 as follows:
By striking on page 7 line 10 the word "February" and insert the word "August".
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 105, nays 19.
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The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
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 following substitute, offered by Representative Dobbs of the 74th, was read:
A BILL
To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to require a county which sells materials used in the construction of water systems, sewer systems, or other such facilities to publish acceptable manufacturing or engineering standards of such materials sold by the county and such other materials, if any, which the county finds acceptable for the construction of such facilities; to provide that in the construction of such a facility the use of materials not purchased from the county shall not render such facility or project ineligible for acceptance as a public right of way or utility project if the materials used meet the accept able standards; to provide that any county officer or employee who, without sufficient cause, refuses to accept as a public right of way or utility project any water and sewer sys tem or other facility constructed with acceptable materials not purchased from the county shall be guilty of a misdemeanor; to provide that upon a final conviction of a violation of this Act, the employment of such offender by the county shall be terminated; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, is amended by striking in its entirety Code Section 36-1-23, relating to the prohibition against a county requiring persons to purchase from the county materials used in the construction of water systems, sewer systems, or cer tain other facilities, and inserting in lieu thereof a new Code Section 36-1-23 to read as follows:
"36-1-23. (a) No county shall require any person who performs services on his prop erty or on private property pursuant to an agreement with an individual, corporation, partnership, association, or other private entity to purchase from the county any materi als used in the construction or repair of any water system, sewer system, storm or drain age system, building, or other facilities on such property. Any county which sells such materials used in the construction of such facilities shall be required to publish the acceptable manufacturing or engineering standards of such materials sold by the county and such other materials, if any, which the county finds acceptable for the construction of such facilities. In the construction of any such facility, the use by any person or other entity of materials which are not purchased from the county shall not render any such facility or project ineligible for acceptance as a public right of way or utility project if the materials used meet the acceptable standards published by the county.
(b) Nothing in this Code section shall affect the authority of a county to enact build ing, construction, electrical, fire, or other codes which require materials used in the con struction or repair of water systems, sewer systems, storm or drainage systems, buildings, or other facilities to meet or satisfy certain standards.
(c) Any county officer or employee who, without sufficient cause, refuses to accept as a public right of way or utility project any water and sewer system or other facility constructed with acceptable materials not purchased from the county shall be guilty of a misdemeanor.
WEDNESDAY, MARCH 25, 1992
3731
(d) Upon the final conviction of any county officer or employee of violating subsec tion (c) of this Code section, the employment of such officer or employee by the county shall immediately be terminated."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and lost:
Representative Felton of the 22nd moves to amend the Floor substitute to SB 119 as follows:
Add a new Section 2 to read as follows:
Sec. 2 Code Section 36-31-2 of the Official Code of Ga. Annotated, relating to the minimum distance between proposed corporate boundaries & boundaries existing munici pal corporations generally, is amended by designating the present language of said Code section as subsection (a) thereof and by adding at the end thereof new subsection (b) to read as follows:
"(b) The provisions of this Code section shall not apply to any municipal corporation within a county having a population of 290,000 or more according to the U. S. decennial census of 1980 or any future such census which receives an original municipal charter subsequent to the enactment of this Act and prior to Dec. 31, 1993."
Renumber the present Section 2 to Section 3.
The Floor substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 103, nays 4.
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 agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:
SB 604. By Senator Broun of the 46th:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Anno tated, relating to open and public meetings, so as to change the provisions relating to exceptions from the provisions of such chapter for certain meet ings.
The Senate has agreed to the House substitute by Senate substitute to the following Bill of the Senate:
SB 622. By Senators Clay of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that a student shall not be eligible to participate in extracurricular athletics unless such student maintains a passing grade on the subjects being taken.
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JOURNAL OF THE HOUSE,
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:
HB 1657. By Representative Hanner of the 131st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congres sional districts of Georgia.
The President has appointed on the part of the Senate the following:
Senators Walker of the 43rd, Garner of the 30th and Hooks of the 14th.
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 490 Do Pass
Respectfully submitted, /s/ Watson of the 114th
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 1094 Do Pass
HB 1577 Do Pass, by Substitute HB 2002 Do Pass, by Substitute HB 2003 Do Pass, by Substitute
HB 2004 Do Pass, by Substitute HB 2005 Do Pass, by Substitute
HB 2114 Do Pass, by Substitute
HB 2170 Do Pass, by Substitute HB 2171 Do Pass, by Substitute HB 2172 Do Pass
HB 2151 Do Pass SB 826 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 2052.
By Representatives Klein of the 21st, Coker of the 21st, Atkins of the 21st, Hammond of the 20th, Vaughan of the 20th and others:
A bill to amend an Act changing the boundaries of the seven education dis tricts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County.
WEDNESDAY, MARCH 25,1992
3733
The following Senate substitute was read:
A BILL
To amend an Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County; to continue terms of office; to provide for the election of members from each education district only by voters of that district voting for such office; to provide for definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; 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 changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, is amended by striking subsection (a) of Section 2 of said Act and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For the purpose of electing members of the Board of Education of Cobb County, the Cobb County School District is divided into seven education districts as follows:
Education District: 1
COBB COUNTY VTD: 0001 ACWORTH VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 101, 104, 107, 108, 211B, 212 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0051 LOST MOUNTAIN VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 (Part) Tract: 0301.98 Block(s): 101, 102A, 103A, 105, 106, 107, 108B, 108C, 113, 114B, 114C, 116B, 118, 119, 120, 201E, 202B, 203B, 208B, 225D, 225E, 630B, 633B, 633C, 640D, 644C, 701, 702, 706E, 707D, 708, 709D, 709E, 710B, 711B, 712B, 801B, 802C, 803, 804, 805B, 805C, 805D, 806B Tract: 0302.04 Block(s): 102, 103, 105, 106, 201, 202, 203, 204, 205, 206C, 207, 208, 209, 210, 313A, 313B, 313C, 314A, 314B, 315, 316, 402D, 403B Tract: 0316.98 Block(s): 307A VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0076 OREGON 2 VTD: 0078 OREGON 4 VTD: 0090 RED ROCK VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 825, 826 VTD: OOC1 OREGON 5
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Education District: 2
COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 (Part) Tract: 0303.21 Block(s): 206, 207, 208, 210, 211, 212, 404B, 405B, 406B, 408B, 604, 605 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0310.01 Block(s): 910C Tract: 0311.08 Block(s): 102H, 102J, 314B, 401D, 401E, 403, 404A, 405A, 406, 407, 408, 409B, 41 ID VTD: 0055 MABLETON 4 (Part) Tract: 0312.02 Block(s): 610B, 611A Tract: 0313.01 Block(s): 155A, 234, 235, 401, 402, 403, 404, 407, 423, 450, 451, 901B, 902, 903, 904, 905C, 906, 907, 908, 911, 912, 913 VTD: 0057 MARIETTA 1 (Part) Tract: 0311.09 Block(s): 101C VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 107B, 136B, 137B, 139B VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.07 Block(s): 201B, 202B, 203A, 203F, 203G, 203H, 203J, 206B, 217, 226B, 227, 306C, 309B, 323B VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3
Education District: 3
COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0056 MACLAND VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS
WEDNESDAY, MARCH 25, 1992
3735
VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3
Education District: 4
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.04 Block(s): 534C, 534D Tract: 0302.05 Block(s): 913C, 913D Tract: 0302.06 Block(s): 210, 211C, 211D, 211E, 231B, 233B, 234B, 236, 237B, 238, 239, 240, 241, 242, 701, 702, 703 Tract: 0302.07 Block(s): 101C, 101D, 101E, 105, 106, 107, 108B, 109, 110, 111, 112, 113E, 114B, 115C, 201D, 201E, 202, 701, 702, 703, 704, 705, 706 VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 501B, 513B, 526D, 526E, 527B, 527C, 528B, 529, 530B, 531B, 535B Tract: 0302.05 Block(s): 603B, 604, 609B, 610, 612B, 619B, 620B, 621, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912B, 914B, 915B, 916B, 917B, 918 Tract: 0302.07 Block(s): 103C, 103D, 104B VTD: 0008 BIG SHANTY 3 VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501C, 501D, 501E, 502B, 506B, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 501, 502, 503, 504, 703, 704, 705, 706, 707, 708, 709, 710C, 711B, 713, 714, 715, 716 VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B
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Tract: 0307. Block(s): 118C
VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0060 MARIETTA 4 (Part)
Tract: 0306. Block(s): 708G
VTD: 0065 MARS HILL 2 (Part) Tract: 0302.04 Block(s): 404B, 405B Tract: 0302.06 Block(s): 201B, 201C
VTD: OOB3 CRITTERS 8 VTD: OOB4 CRITTERS 11 (Part)
Tract: 0303.07 Block(s): 216
VTD: OOB5 CRITTERS 10 VTD: OOB7 CRITTERS 9 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): USD, 801C, 802B, 803, 823B, 824
Education District: 5
COBB COUNTY VTD: 0014 CHESTNUT RIDGE VTD: 0018 DOBBINS 2 (Part) Tract: 0305.03 Block(s): 208B VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 306, 307B, 308B, 309, 310, 311, 409, 601B, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 710B, 711C, 717B, 718B, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112C, 113, 114C, 115, 116, 201B, 201C, 201D, 202C, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0043 CRITTERS 5 VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01
WEDNESDAY, MARCH 25, 1992
3737
Block(s): 601E Tract: 0305.02
Block(s): 201E, 607B VTD: 0062 MARIETTA 6 (Part)
Tract: 0305.03 Block(s): 316B
VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0087 POST OAK 8 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0305.03 Block(s): 419B, 419C
VTD: OOB4 CRITTERS 11 (Part) Tract: 0303.14 Block(s): 101, 102, 103, 106, 107, 108, 109, 110
Education District: 6
COBB COUNTY VTD: 0010 BISHOP LAKE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0021 EASTSIDE VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 112B Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306, 401, 402B, 404, 405, 406B VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C VTD: 0035 FULLERS 3 (Part) Tract: 0304.02 Block(s): 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 123, 124, 125, 126 VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 920D VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0079 PARKAIRE VTD: 0086 POST OAK 6 VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B, 920E Tract: 0304.02 Block(s): 122, 127
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VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3
Education District: 7
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0011 CHATTAHOOCHEE 1 (Part) Tract: 0303.21 Block(s): 201, 202, 203, 204, 205, 209, 301, 401, 402B, 402C VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C Tract: 0311.08 Block(s): 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 316, 317, 318, 320B, 321B, 322, 404B, 405C VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part) Tract: 0308. Block(s): 206B Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 205B, 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0035 FULLERS 3 (Part) Tract: 0304.02
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Block(s): 201, 212, 213, 214, 215 VTD: 0036 FULLERS 4 VXD: 0055 MABLETON 4 (Part)
Tract: 0313.01 Block(s): 206, 207, 208, 209, 210, 214, 215, 216, 217, 218, 233, 405, 406, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422
VTD: 0057 MARIETTA 1 (Part) Tract: 0304.06 Block(s): 402B
VTD: 0062 MARIETTA 6 (Part) Tract: 0304.05 Block(s): 203B
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.06 Block(s): 602D
VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136C, 601, 602, 603, 604, 615, 620, 621, 623, 624, 625 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422,
VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.05 Block(s): 113, 114, 131, 134, 139C, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 616, 617, 618, 619, 622, 627 Tract: 0311.06 Block(s): 412 Tract: 0311.07 Block(s): 315B, 401B, 402, 403, 409A, 409C, 409D, 410, 416B, 417, 418B, 421B
VTD: 0077 OREGON 3 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 205C, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
VTD: OOC2 BIRNEY 2
For purposes of this subsection: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of the Cobb County School District which is not included in any edu cation district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
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(5) Any part of the Cobb County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said Act is further amended by striking from subsection (b) of Section 2 thereof the following:
". The electorate of the Cobb County School District from the entire county as a whole shall vote on the candidates offering for election from each of the seven (7) educa tion districts.", and inserting in its place the following:
"and that member shall be elected only by the voters of that education district voting for such office and not by the voters of the entire county.", so that when so amended said subsection shall read as follows:
"(b) There shall be elected to the Board of Education of Cobb County one member from each of said education districts. To be eligible for membership on the board to represent an education district, a person must reside in the education district which he represents. There shall be one member of the Board from each education district and that member shall be elected only by the voters of that education district voting for such office and not by the voters of the entire county. No person residing within the territory embraced within an independent school system shall be eligible to vote in an election for members of the Board, nor shall any such person be eligible to serve on the Board. In order to be eligible as a member of the Cobb County Board of Education, a candidate must be a resident from the education district from which they offer, must be a citizen of the United States of America, must have been a resident of the Cobb County School District for at least twelve months immediately preceding the date of the election, and a qualified elector of Cobb County."
Section 3. The members of the Board of Education of Cobb County in office on March 1, 1992, and any person selected to fill a vacancy in such office, shall continue to serve out the terms of office to which they were elected. The new education districts pro vided in this Act shall apply to the nomination and election of successors to the members of the board of education whose terms of office expire in 1992 and thereafter.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Cobb County Board of Education to submit this Act to the United States Attorney General for approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Klein of the 21st moved that the House agree to the Senate substitute to HB 2052.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 725. By Senators Hammill of the 3rd, Echols of the 6th, Perry of the 7th and others:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to provide for authority of the Department of Natural Resources; to make certain provisions relative to the membership of the Shore Assistance Committee; to provide powers of the Shore Assistance Committee.
WEDNESDAY, MARCH 25, 1992
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The following Committee substitute was read:
A BILL
To amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to provide for authority of the Department of Natural Resources; to change the name of the Shore Assistance Committee; to make certain provisions relative to the membership of such committee; to provide powers of such committee; to provide for applications for permits for certain construction; to provide procedures relative to such applications; to provide for certain grants to local governments; to make provisions relative to certain orders; to make illegal the operation of a motor vehicle over certain dunes and beaches; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia, relating to coastal waters, beaches, and sand dunes, is amended by striking in its entirety Part 2, relating to engineering, construction, and other such activity along the shorelines, and inserting in lieu thereof the following:
"Part 2
12-5-230. This part shall be known and may be cited as the 'Shore Assistance Protec tion Act ef WTO.'
12-5-231. The General Assembly finds and declares that coastal sand dunes, beaches, sandbars, and shoals comprise a vital natural resource system, known as the sandsharing system, which acts as a buffer to protect real and personal property and natural resources from the damaging effects of floods, winds, tides, and erosion. It is recognized that the coastal sand dunes are the most inland portion of the sand-sharing system and that because the dunes are the fragile product of shoreline evolution, they are easily dis turbed by actions harming their vegetation or inhibiting their natural development. The General Assembly further finds that offshore sandbars and shoals are the system's first line of defense against the potentially destructive energy generated by winds, tides, and storms, and help to protect the onshore segment of the system by acting as reservoirs of sand for the beaches. Removal of sand from these bars and shoals can interrupt natu ral sand flows and can have unintended, undesirable, and irreparable effects on the entire sand-sharing system, particularly when the historical patterns of sand and water flows are not considered and accommodated. Also, it is found that ocean beaches provide an unparalleled natural recreation resource which has become vitally linked to the econ omy of Georgia's coastal zone and to that of the entire state. The General Assembly fur ther finds that this natural resource system is costly, if not impossible, to reconstruct or rehabilitate once adversely affected by man-related man related activities and is important to conserve for the present and future use and enjoyment of all citizens and visitors to this state and that the sand-sharing system is an integral part of Georgia's barrier islands, providing great protection to the state's marshlands and estuaries. The General Assembly further finds that this sand-sharing system is a vital area of the state and is essential to maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General Assembly declares that the management of the sand-sharing sys tem has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for regulation under the police power of the state. The General Assembly further finds and declares that activi ties and structures on offshore sandbars and shoals, for all purposes except federal navigational activities, must be regulated to ensure that the values and functions of the sand-sharing system are not impaired. It is declared to be a policy of this state and the intent of this part to protect this vital natural resource system by allowing only activi ties and alterations of the eeeatt sand dunes and beaches which are considered to be in the best interest of the state and which do not substantially impair the values and func tions of the sand-sharing system and by authorizing the local units of government of the
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State of Georgia to regulate activities and alterations of the ocean sand dunes and beaches and recognizing that, if the local units of government fail to carry out the poli cies expressed in this part, it is essential that the department undertake such regulation.
12-5-232. As used in this part, the term: (1) 'Applicant' means any person who files an application for a permit under this
part. (2) 'Bare sand surface' means an area of nearly level unconsolidated sand landward
of the ordinary high-water mark which does not contain sufficient indigenous vegeta tion to maintain its stability.
(3) 'Barrier islands' means the following islands: Daufuskie, Tybee, Little Tybee, Petit Chou, Williamson, Wassaw, Ossabaw, St. Catherines, Blackbeard, Sapelo, Cabretta, Wolf, Egg, Little St. Simons, Sea, St. Simons, Jekyll, Little Cumberland, Cumberland, Amelia, and any ocean-facing island which is formed in the future and which has multiple ridges of sand, gravel, or mud built on the seashore by waves and currents; ridges generally parallel to the shore; and areas of vegetation.
(4) 'Beach' means a zone of unconsolidated material that extends landward from the ordinary low-water mark to the line of permanent vegetation.
(5) 'Board' means the Board of Natural Resources. (6) 'Boardwalk' or 'crosswalk' means a nonhabitable structure, usually made of wood and without a paved or poured surface of any kind, whose primary purpose is to provide access to or use of the beach, while maintaining the stability of any sand
dunes it traverses. (7) 'Committee' means the Shore Assistance Protection Committee. (8) 'Dynamic dune field' means the dynamic ocean-facing area of beach and sand
dunes, varying in height and width, the ocean boundary of which extends to the ordi nary high-water mark and the landward boundary of which is the first occurrence either of live native trees 20 feet in height or greater; ef coastal marshlands as defined
k Part 4 ef this article, ef ef n existing structure or of a structure existing on July lj 1979. The landward boundary of the dynamic dune field shall be the seaward most
line connecting any such tree or structure as set forth in this part to any other such tree or structure if the distance between the two is a reasonable distance not to exceed
250 feet. In determining what is a reasonable distance for purposes of this paragraph, topography, dune stability, vegetation, lot configuration, existing structures, distance from the ordinary high-water mark, and other relevant information shall be taken into consideration in order to conserve the vital functions of the sand-sharing system. If
a real estate appraiser certified pursuant to Chapter 39A of Title 43 determines that an existing structure, shoreline engineering activity, or other alteration which forms
part of the landward boundary of the dynamic dune field has been more than 80 per cent destroyed by storm driven water or erosion, the landward boundary of the dynamic dune field shall be determined as though such structure had not been in exis
tence on July lj 1979. (9) 'Erosion' means the wearing away of land whereby materials are removed from
the sand dunes, beaches, and shore face by natural processes, including, but not lim
ited to, wave action, tidal currents, littoral currents, and wind. (10) 'Local unit of government* means a county, as defined by Code Section 36-1-1,
or an incorporated municipality, as defined by Code Section 36-40-21, or any combina
tion thereof which has been authorized by an Act of the General Assembly, any of
which has within its jurisdiction any sand dune or beach. (11) 'Ordinary high-water mark' means the position along the shore of the mean
monthly spring high tide reached during the most recent tidal epoch. This term is not
synonymous with 'mean' high-water mark. (12) 'Ordinary low-water mark' means the position along the shore of the mean
monthly spring low tide reached during the most recent tidal epoch. This term is not synonymous with 'mean' low-water mark.
(13) 'Permit-issuing authority' means the Shore Assistance Protection Committee or a local unit of government which has adopted a program of shore assistance protection
which meets the standards of this part and which has been certified by the board as
an approved program.
WEDNESDAY, MARCH 25, 1992
3743
(14) 'Person' means any association, individual, partnership, corporation, public or private authority, or local unit of government, and shall include the State of Georgia and all its departments, boards, bureaus, commissions, authorities, any other govern ment agencies or instrumentalities, and any other legal entity.
(15) 'Sand dunes' means mounds of sand deposited along a coastline by wind action, which mounds are often covered with sparse, pioneer vegetation and are located landward of the ordinary high-water mark and may extend into the tree line.
(16) 'Sand-sharing system' means an interdependent sediment system composed of sand dunes, beaches, and offshore bars and shoals.
(17) 'Shoreline engineering activity' means an activity which encompasses any artifi cial method of altering the natural topography or vegetation of the sand dunes, beaches, bars, submerged shoreline lands, and other components of the sand-sharing system. This includes, but is not limited to, such activities as:
(A) Grading, clearing vegetation, excavating earth, or landscaping, where such activities are for purposes other than erection of a structure;
(B) Artificial dune construction; (C) Beach nourishment restoration or renourishment; (D) Erosion control activity activities, including, but not limited to, the con struction and maintenance of groins^ seawalls, and jetties; eatd (E) Shoreline stabilization activities, including, but not limited to, the construc tion and maintenance of seawalls and riprap protection: and {E} (F) The construction and maintenance of pipelines and piers. (18) 'Stable sand dune' means a sand dune that is maintained in a steady state of neither erosion nor accretion by indigenous vegetative cover. (19) 'Structure' means an institutional, residential, commercial, or industrial build ing. (20) 'Submerged shoreline lands' means the intertidal and submerged lands from the ordinary high-water mark seaward to the limit of the state's jurisdiction in the Atlantic Ocean. (21) 'Tidal epoch' means the variations in the major tide-producing forces that result from changes in the moon's phase, declination of the earth, distance of the moon from the earth, and regression of the moon's modes, and which go through one complete cycle in approximately 1&6 19 years. 12-5-233. The area of operation of this part shall be:
(1) The dynamic dune fields on the barrier islands of this state a determined by reference to Code Section 12-5-232. Such determination shall be made by the permitissuing authority on the basis of site inspectiont and evaluation of other pertinent information as provided for in subsection (d) of Code Section 12-5-239;
(2) The submerged shoreline lands of this state from the seaward limit of this state's jurisdiction landward to the dynamic dune fields or to a line projected from the westernmost point of the dynamic dune field on the southern end of a barrier island, to the westernmost point of the dynamic dune field on the northern end of the adjacent barrier island to the southv; and
(3) If an area has dynamic dune fields as defined by Code Section 12-5-232, and marshlands as defined by Code Section 12-5-282, it is subject to the jurisdiction of this part and Part 4 of this article. In the event of a conflict between this part and Part 4 of this article, the commissioner shall determine which part shall apply so as to best protect the public interest. 12-5-234. (a) The department shall have the following authority:
(1) To administer and enforce this part and all rules, regulations, and orders issued pursuant to this part;
(2) To accept moneys from persons, government units, and private organizations; (3) To conduct public hearings and to institute and to prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations
promulgated pursuant to this part; provided, however, that all such actions shall be in the name of the department;
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(4) To make reasonable inspections of the lands within jurisdiction of this part to ascertain whether the requirements of this part and the rules, regulations, and permits promulgated or issued pursuant to this part are faithfully complied with; and
(5) To exercise all incidental powers necessary to carry out the purposes of this part. (b) The foregoing powers and duties may be exercised and performed by the depart ment through such duly authorized agents and employees as it deems necessary and proper. 12-6-234. 12-5-235. (a) There is created the Shore Assistance Protection Committee within the Department ef Natural Resources department. The committee shall be com posed of three members, the commissioner of natural resources and two people selected by the board. A person selected by the board shall be a resident of one of the following counties: Camden, Glynn, Mclntosh, Liberty, Bryan, or Chatham. The members of the committee shall be entitled to and shall be reimbursed from moneys appropriated to the department for their expenses, such as mileage and per diem, as set by the board.
(b) The committeej in the absence of an approved local shore protection program as provided by this part, shall act as permit-issuing authority and shall have the authority to issue orders and to grant, suspend, revoke, modify, extend, condition, or deny permits as provided in this part. Permits may, at the committee's discretion, be revoked, sus pended, or modified upon a finding that the permittee is not in compliance with permit conditions or that the permittee is in violation of any rule or regulation promulgated pursuant to this part.
(c) The chairman of the committee, upon application by the permittee, may issue renewal of a permit previously granted by the committee. Such action must be based upon recommendations of staff, past committee actions, and the results of public com ments. The chairman may refer the request for renewal to the committee to decide on renewals that, in his judgment, should receive broader consideration. A committee mem ber may choose to have the full committee decide on renewals that the member feels should receive broader consideration.
12-6-236. 12-5-236. The board shall adopt and have the power to promulgate rules and regulations governing the issuance ef- permits fey the committee and establishing standards for th construction ef hurricane-resistant buildings. Such rates tatd rcgula tions sfiftii meet trie FCQUireni^ftts of tins port. 1 TIC stftndftrds tor trie constructtoft of
South Florida Building Code for the implementation and enforcement of this part con sistent with the purpose of this part.
12-6-236. 12-5-237. (a) No person shall construct or erect any structure or con struct, erect, conduct, or engage in any shoreline engineering activity or engage in any land alteration which alters the natural topography or vegetation of any area within the jurisdiction of this part, except in accordance with the terms and conditions of a permit therefor issued in accordance with this part. A permit may authorize the construction or maintenance of the project proposed in an application. After construction of a project pursuant to a permit, the project may be maintained without a permit so long as it does not further alter the natural topography or vegetation of the site or increase the size or scope of the project.
(b) No permit shall be required for a structure, shoreline engineering activity, or land alteration which exists as of July 1, 1979, provided that a permit must be obtained for any modification which will have a greater adverse effect on the sand-sharing system or for any addition to or extension of such shoreline engineering activity, structure, or land alteration; provided, further, that, if any structure^ shoreline engineering activity, or land alteration is more than 80 percent destroyed by wind, water, or erosion as deter mined by an appraisal of the fair market value by a member of the American Institute ef Real Estate Appraisers (hereinafter called MAI appraisal) real estate appraiser certi fied pursuant to Chapter 39A of Title 43, a permit is required for reconstruction, t previded, further, that enty structure ef land alteration may be reconstructed without prior permit spppovfli if dcswoyed Dy owicr tnftn w&vc setion or it destroyed ot? percent or teas as determined by MAI appraisal ef the fmr market value.
WEDNESDAY, MARCH 25, 1992
3745
12 6-287. 12-5-238. All applications for permits required by this part must be on forms prescribed by the permit-issuing authorityz must be properly executed, and must include the following:
(1) The name and address of the applicant; (2) A brief description of the proposed project; (3) Construction documents showing the applicant's proposed project and the man ner or method by which the project shall be accomplished. Such document shall iden tify the dynamic dune field affected; (4) A copy of the deed or other instrument under which the applicant claims title to the property or, if the applicant is not the owner, a copy of the deed or other instrument under which the owner claims the title together with written permission from the owner to carry out the project on his land. In lieu of a deed or other instru ment referred to in this paragraph, the permit-issuing authority may accept some other reasonable evidence of ownership of the property in question or other lawful authority to make use of the property. If all or any part of the proposed construction or alteration shall take place on property which is owned by the State of Georgia, the applicant shall present an easement, revocable license, or other written permission
from the state to use the property for the proposed project; in the alternative, the permit-issuing authority may condition the issuance of the permit on the requirement to obtain written permission from the state. The permit-issuing authority will not
adjudicate title disputes concerning the property which is the subject of the applica tion; provided, however, that the permit-issuing authority may decline to process an
application when submitted documents show conflicting deeds; (5) A plat showing the boundaries of the proposed project site ad the owners ef
properties adjacent thereto; (6) The names and addresses of all landowners of property adjoining or abutting
the parcel of land on which the proposed project is to be located. If the property to be altered is bordered on any side bjr other property of the applicant, the applicant
shall supply the names and addresses of the nearest landowners, other than the appli cant, of property adjoining the applicant's property. If the applicant cannot determine
the identity of adjoining landowners or their addresses, the applicant shall file in lieu thereof an affidavit stating that a diligent search, including a search of the records of the county tax assessor's office, has been made but that the applicant was not able
to ascertain the names or addresses of adjoining landowners; 46) <2i An application fee in such reasonable amount as is designated by the
permit-issuing authority or, if the committee is the permit-issuing authority, a nonrefundable application fee as set by the board which reflects the cost to the
department to evaluate the application. Fees for the renewal of a permit shall be equal to the application fee. Application fees shall not exceed $1,000.00 for any one pro
posal. If the committee is the permit-issuing authority, such fees shall be paid to the
department; 47-) (8) Site plans for the proposed project site showing existing and proposed
streets, utilities, buildings, and any other physical structures; 48) (9) A certification by a a registered architect or engineer licensed by this state
certifying that all proposed structures, if any, for which the permit is applied for are
designed to meet standards contained regulations adopted fey the beatd for suitable
hurricane-resistant buildings standards; ad 49) (10) Any and all other relevant data required by the permit-issuing authority for
the purposes of ascertaining that the proposed improvements, activities, and uses will
meet the standards of this partr; (11) A certificate or letter from the local governing authority or authorities of the
political subdivision in which the property is located stating that the applicant's pro
posal is not violative of any zoning law; and (12) A statement from the applicant that he has made inquiry to the appropriate
authorities that the proposed project is not over a landfill or hazardous waste site and
that the site is otherwise suitable for the proposed project. 12 6-238. 12-5-239. (a) The permit-issuing authority shall take action on each per
mit application within 60 90 days after the application is completed; provided, however,
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that this provision may be waived upon the written request of the applicant. An applica tion is complete when it contains substantially all of the written information, documents, forms, fees, and materials required by this part. An application must be completed suffi ciently in advance of the permit-issuing authority meeting at which the project will be considered to allow for public notice and evaluation by the permit-issuing authority.
(b) Within ten days ef After receipt of a completed application and at least seven 30 days prior to acting on the application, the permit-issuing authority shall nw} a written notice te notify all persons identified by the applicant as owning land adjacent to the location of the proposed project and to all persons who have filed a written request with such permit-issuing authority that their names be placed on a mailing list for rsccipt oi sucri notice, flno wiio ftftvc t-cnctcPCct ttic cos* t sucn niftiiin^f) fts sucfi cost ~ts estimated from time te time by seh permit-issuing authority. Any person desiring to be placed on such mailing list must so request in writing and renew such request in December of each year. The name of any person who has not renewed such request shall be removed from the list. The landowners who have not requested to be placed on a mailing list shall be notified in writing if their addresses are known. Such notice shall be in writing and shall include a general description of the proposed project and its loca tion. The applicant shall post such notice in a conspicuous place on the subject property at or prior to the time the permit-issuing authority issues public notice of the applica tion. If the applicant has filed an affidavit that the names or addresses of the adjoining landowners were not ascertained after a diligent search, the permit-issuing authority shall cause a notice of the proposed activity and a brief description of the land to be affected to be published in the legal organ or a newspaper of general circulation jn the county in which such land lies. Cost of such public notices shall be paid by the appli cant. Whenever there appears to be sufficient public interest, the permit-issuing author ity may call a public hearing.
(c) No permit shall be issued except in accordance with the following provisions:
(1) A permit for a structure or land alteration, ether than shoreline engineering activity including, but not limited to, private residences, motels, hotels, condominiums, and other commercial structures, in the dynamic dune field snaM may be issued only when:
(A) The proposed project shall occupy the landward area of the subject parcel and, if feasible, the area landward of the sand dunes;
(B) At least a reasonable percentage, not less than one-third, of the subject par cel shall be retained in its naturally vegetated and topographical condition;
(C) The proposed project is designed according to applicable standards as previdcd in regulations adopted by the beatd- for hurricane-resistant buildings stan dards;
(D) The activities associated with the construction of the proposed project are kept to a minimum, are temporary in nature, and, upon project completion, restore
the natural topography and vegetation to at least its former stability condition,
using the best available technology; and (E) The proposed project will maintain the normal functions of the sand-sharing
mechanisms in minimizing storm-wave damage and erosion, both to the unaltered
section of the subject parcel and at other shoreline locations; (2) No permits; except for permits for shoreline engineering activity, shall be
issued for a structure er kmd alteration on beaches, eroding sand dune areas, and areas without stable sand dunca, submerged lands; providedz however, that a permit
for a pier, boardwalkj or crosswalk in such an area may be issued provided that: (A) The activities associated with the construction of the proposed land altera
tions are kept to a minimum, are temporary in nature, and, upon project comple tion, the natural topography and vegetation shall be restored to at least their former
stability condition, using the best available technology; and (B) The proposed project maintains the normal functions of the sand-sharing
mechanisms in minimizing storm-wave damage and erosion, both to the unaltered
section of the subject parcel and at other shoreline locations;
WEDNESDAY, MARCH 25, 1992
3747
(3) A permit for shoreline engineering activity or for a land alteration er structure on beaches, sand dunes, and submerged shoreline lands shall may be issued only when:
(A) The activities associated with the construction of the proposed project are to be temporary in nature, and the completed project will result in complete resto-
dunes, or shoreline areas altered as a result of that activity;
\D7----At ICftSt ft FCQSOI1 ft D 1C pCPCCHtfl^C T tllC SUQJCCv pSFCCl Will DC fCtfllWCfl HiV 119
naturally vegetated condition; {) (B) The proposed project will maintain the normal functions of- insofar as
possible minimize effects to the sand-sharing mechanisms in minimizing from stormwave damage and erosion both to the subject parcel and at other shoreline locations;
^&)--The proposed project is designed according te standards as provided regu lations adopted fey the beafd fef hurricane-resistant buildings;
{E} (C) In the event that shoreline stabilization is necessary, either low-sloping porous granite rock structures or other techniques which maximize the absorption dissipation of wave energy and minimize shoreline erosion shall be used; . Permits may be granted for shoreline stabilization activities when the applicant has demon strated that no reasonable or viable alternative exists; provided, however, that beach restoration and renourishment techniques are preferable to the construction of shoreline stabilization activities; and
{F} (D) A copy of the permit application has been transmitted to the local unit of government wherein the project site lies, if such local unit of government has been certified by the board, requesting comments on such application. (d) In evaluating a permit application in order to determine compliance with the provisions set forth in subsection (c) of this Code section, the permit-issuing authority shall may use the following assessment tools and techniques, as appropriate and as avail able: (1) Historic photographs and topographic data of the project site ever the test M6 years, which can be used in determining the impact of a proposed project on the sta bility of the shoreline; (2) On-site inspections to determine the impact of a proposed project on topo graphic and vegetative conditions, erosion or accretion rates, and other factors influ encing the life cycles of dune plants; (3) Any recognized or accepted scientific investigations necessary to determine the proposed project's impacts on the surrounding biological and geological systems, and the historic and archeological resources; (4) When present, the potential effects of shoreline engineering structures (seawalls, groins, jetties, etc.), their condition, and their apparent influence on the sand-sharing mcchaniam system as it relates to the proposed project; (5) Historic, climatological, tidal data, and meteorological records of the vicinity of the project and possible potential effects of a proposed project upon erosion and accretion rates; and (6) New scientific information which, through recent advances, would effect a more competent decision relative to wise use and management of Georgia's sand-sharing system. (e) Every permit shall require that the proposed project be completed within twe five years after the date of issuance of the permit and shall expire two five years after the date of issuance. Such time may be extended for geed etwse five additional years upon a showing that all due efforts and diligence toward the completion of the project have been made. If a permit holder sells, leases, rents, or otherwise conveys the land or any portion of the land for which the permit was issued, such permit shall be continued in force in favor of the new owner, lessee, tenant, or other assignee so long as there is no change in the use of the land as set forth in the original application. The permittee must notify the permit-issuing authority within 30 days after change of ownership of property. (f) All plans, documents, and materials contained in any application for any permit required by this part shall be made a part of the permit, if granted, and conformance
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JOURNAL OF THE HOUSE,
to such plans, documents, and materials shall be a condition of the permit. No change or deviation from any such plans, documents, or materials shall be permitted without the prior notification and approval of the permit-issuing authority.
(g) Compliance with all other federal, state, and local statutes, ordinances, and regu lations shall also be a condition of every permit issued pursuant to this part. If, prior to completion of review of an application under this part the committee receives notice o7 the deniaTbFa "permit or authorization necessary for the project, review of the project snalTbe suspended and, ifthe denial becomes final, tEe application shall stanor3eniea.
(h) All permit-issuing authorities may place such conditions on any permit issued under this Code section as are necessary to carry out this part.
(i) In passing upon the application for a permit, the permit-issuing authority shall consider the public interest "which for purposes of tniTpart shall be deemed to pe the following considerations:
(1) Whether or not unreasonably harmful, increased alteration of the dynamic dune field or submerged Fends, or function of the"sand-aharing system wilfEe created;
(2) Whether or not the granting of a permit and the completion of the applicant's proposal will unreasonably interfere with the "conservation of marine lf?eT wildlife, or other resourcesTanH
(3) Whether or not the granting of a permit and the completion of the applicant's proposal will unreasonably interfere with reasonable access by and recreational use and enjoyment of public properties impacted by the project.
(i) Issuance of a permit under this part and construction of the permitted project shall not remove th~e designated property from the jurisdiction of this part. All changes in permitted uses"1vhich increase impacts to anyland subject to the provisions of this part must be "ruled upon by the" permit-issuing authority to determine if the proposed change is consistent with this part and the permit. Each permitted alteration within the" area of operation of this part snail be reviewed by the permit-issuing authority on a fiveyear T>asis or when noncompliance with the purpose for which the permit was issued is evident to determine if the use within tHe area of operation of this part is consistent
tlon 12-5-247T (k) (1) A permit granted by. the permit-issuing authority becomes final immediately upon issuance, but no construction or alteration may commence until the expiration of 30 days following the date of the' permit-issuing authority meeting at which the application is approvedTexcept as otherwise provided in paragraph (2) of this subsec tion; provided, noweveT, that if a timely appeal is filedT no construction or alteration may commence until all administrative proceedings are terminated except as otherwise provided in paragraph (2) of this subsection. (2) If the permit-issuing authority, either at the request of the applicant or on its
own motion, finds that an emergency exists in any particular geographic area or in regard to any particular permit issued by_ the permit-issuing authority, the permit-
issuing authority is authorized to allow a permittee to commence immediately or to continue the construction or alteration authorized by_ the permit. The permit-issuing authority in determining an emergency shall base its determination on imminent peril to the public health, safety, or welfare or a grave danger to life, real property, struc
tures, or shoreline engineering activities. If the permit-issuing authority makes such a finding of an emergency, the permittee may commence immediately or continue the construction or alteration authorized by the permit, but such construction or altera
tion is undertaken at the risk to the permittee of an administrative or judicial order requiring the sand dunes, beaches, and submerged lands to be returned to their condi
tion prior to such construction or alteration. (1) When work has been completed in accordance with provisions of a permit, the permittee shall so notify the permit-issuing authority in writing within 30 days of such
completion. 12-6-380. 12-5-240. A certified copy of every permit issued to an applicant shall be
prominently displayed within the area of proposed activity. If the permit-issuing author
ity deems it advisable, the applicant may be required to cause a sign to be erected bear ing the permit number, date of issuance, name of applicant, and such other information
WEDNESDAY, MARCH 25, 1992
3749
as the permit-issuing authority may reasonably require. The permit-issuing authority may specify the type of and, within reasonable dimensions, the size of the sign.
12-6-240. 12-5-241. (a) If a local unit of government has enacted ordinances which meet or exceed the standards, requirements, and provisions of this part, and which are enforceable by such local unit of government, the board may certify such local unit of government as a permit-issuing authority. In areas in which a local shore assistance pro tection program has been certified by the board, the local unit of government shall have all permitting authority described in this part, except for shoreline engineering activities and activities proposed to occur in whole or in part on submerged shoreline lands or on other state owned lands. The committee shall exercise exclusive permitting authority for shoreline engineering activities and activities proposed to occur in whole or in part on submerged shoreline lands. Local units of government are authorized to enact ordinances meeting or exceeding the requirements of this part.
(b) The board shall periodically review the actions of local units of government which have approved local shore assistance protection programs and may revoke its cer tification of such programs if it determines that such ordinances are not being suffi ciently enforced to carry out the intent of this part.
(c) In all areas of the state within the areas of operation of this part where no local shore assistance protection program has been certified by the board or where such certi fication has been revoked by the board, the provisions of this part shall be carried out by the committee.
(d) From appropriations of the General Assembly made to the department for such purposes, the department shall be authorized to provide state grants to local units of government for any one or more of the following purposes:
(1) Construction and maintenance of boardwalks; (2) Dune stabilization programs; (3) Beach restoration and renourishment; (4) Public purchase of rights of way to beaches; and (5) Construction or removal of shoreline engineering activities.
12-6-241. 12-5-242. The department shall provide technical assistance to any local unit of government which requests such assistance in order to develop an ordinance meeting the requirements of this part. The department shall also develop a model ordi nance which may be used by such local units of government.
12-6-242. 12-5-243. Nothing in this part shall be construed as prohibiting a local unit of government from adopting ordinances more restrictive in regard to activity on sand dunes and beaches than the standards set forth in this part.
12-6-243. 12-5-244. (a) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Beard ef Natural Resources board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act/ and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
(b) Where a local unit of government has, pursuant to this part, granted, suspended, modified, extended, conditioned, or denied a permit, any person aggrieved or adversely affected by such action shall be afforded a right to administrative and judicial review of such action.
(c) Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by this part. In the event the commit tee or local unit of government, as appropriate, asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.
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JOURNAL OF THE HOUSE,
12-6-244. 12-5-245. Any activity in violation of this part or of any ordinance or regu lation adopted pursuant hereto to this part shall be a public nuisance; and such activity may be enjoined or abated by an action filed in the appropriate superior court by the Attorney General on behalf of the department, by any local unit of government affected, or by any person. Upon showing of any activity in violation of this part or of any ordi nance or regulation adopted pursuant hereto to this part, a temporary restraining order, a permanent or temporary injunction, or other order shall be granted without the neces sity of showing lack of an adequate remedy at law and irreparable injury. The relief granted by the court in an action filed pursuant to this Code section may include, but shall not be limited to, an order requiring the sand dunes, beaches, and submerged shoreline lands to be returned to their condition prior to such violation.
12-6-246. 12-5-246. The superior court of the county in which the alleged violator er person against whom substantial relief is sought resides land or any part thereof is located or in which jurisdiction is otherwise proper shall have jurisdiction to restrain a violation of this part at the action of the department, any local unit ef- government affected, or any person.
12-6-246. 12-5-247. (a) If the department determines that any person is violating
any provision of this part or any rule or regulation adopted pursuant hereto to this part or the terms and conditions of any permit issued thereunder under this part, and such violation is in an area where the committee is the permit-issuing authority, the depart ment may employ any one, or any combination of any or all, of the enforcement meth
ods specified in paragraphs (1) through {3} (4) of this subsection: (1) The department may issue an administrative order specifying the provision of
this part or the rule, or both, alleged to have been violated and require the person so ordered to cease and desist from such activity and to take corrective action within a reasonable period of time as prescribed in the order] provided, however, that the
issuance of such order shall not affect the availability of relief under Code Section 12-5-244. Such corrective action may include, but shall not be limited to, requiring
that the sand dunes, beaches, and submerged shoreline lands be returned to their con dition prior to the violation of the this part or a rule adopted pursuant hereto to this
part. Any such order shall become final unless the person named therein requests in writing a hearing before a hearing officer appointed by the board no later than 36 ten
days after the issuance of such order. Review of such order shall be available as pro vided in subsection (a) of Code Section 12-6-243. 12-5-244;
(2) Whenever the department committee finds that an emergency exists requiring immediate action to protect the public or private interest where the public interest is
served, the department may it may issue an order; te be effective immediately, recit ing the existence of such an emergency and requiring or allowing that such action be taken as it deems necessary to meet the emergency, f provided, however, that such i
emergency order shall be issued only after affidavit feas been filed with the depart ment showing irreparable injury. Any person against whom such order is directed shall
comply therewith immediately, bat en application te the department shall be afforded ft ficdring witftin %fi dftys. wii tftc Ddsis ot sucft iic0.Fin, tftc ct'Cpftrtincut* sxifiii DC
12-6-243. Notwithstanding any other provision of this part, such order shall be effec tive immediately. If an order requiring a person to take action is issued pursuant to this paragraph, such person shall be entitled to a hearing within ten days of the date of issuance of the order. Any person who is aggrieved or adversely affected by an emergency order of the committee, upon petition within ten days after issuance of such order, shall have a right to a hearing before an administrative law judge appointed by the board. At the next meeting of the committee that follows the issu ance of an emergency order, which shall be held within 30 days of the issuance of the order, the committee shall review such order to determine whether the order has been complied with, whether the order should continue in force, and any possible effects of such order on the sand-sharing system;
(3) The committee may file in the appropriate superior court a certified copy of an unappealed final order of the administrative law judge or of a final order of the
WEDNESDAY, MARCH 25, 1992
3751
administrative law judge affirmed upon appeal or other orders of the committee, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereof shall thereafter be the same^ as though such judgment has been rendered in an action duly heard and determined by the court; and
{8} (4) The department may seek injunctive relief pursuant to Code Section 13-6-344 12-5-245. (b) Any person who violates any provision of this part or any rule or regulation adopted hcrcundcr under this part, any permit issued under this part, or final or emer gency order of the department shall be subject to a civil penalty not to exceed $10,000.00 for each act of violation. Each day of continued violation shall subject said person to a separate civil penalty. A hearing officer An administrative law judge appointed by the board after a hearing conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall determine whether or not any person has violated any provision of this part, any rule or regulation adopted hcrcunder under this part, any permit, or any final or emergency order of the department or permit-issuing authority and shall upon proper finding issue an order imposing such civil penalties as provided in this subsection. Review of such order shall be available as pro vided in subsection (a) of Code Section 12- 6-243 12-5-244. All civil penalties recovered by the department as provided in this subsection shall be paid into the state treasury to the credit of the general fund. (c) Any person who causes or permits any removal, filling, or other alteration of the dynamic dune field or submerged lands in this state without first obtaining a permit from the permit-issuing authority shall be liable in damages to the state and any politi cal subdivision of the state for any and all actual or projected costs and expenses and injuries occasioned by such alteration of the dynamic dune field or submerged lands. The amount of damages assessed pursuant to this Code section shall include, but shall not be limited to, any actual or projected costs and expenses incurred or to be incurred by the state or any political subdivision thereof in restoring as nearly as possible the natural topography of the sand-sharing system and replacing the vegetation destroyed by any alteration of the dynamic dune field or submerged lands. Damages to the state shall be recoverable in a civil action instituted by the department and shall be paid to the department to cover cost of restoration. Damages to a political subdivision shall be recoverable in a civil action instituted by said subdivision. (d) Owners of property with knowledge of unauthorized activities occurring thereon are responsible under this part. 12-5-248. (a) It shall be unlawful for any person to:
(1) Operate any motorized vehicle or other motorized machine on, over, or across the dynamic dune field or beaches except as authorized by the permit-issuing author ity, except that individual handicap vehicles, emergency vehicles, and governmental vehicles utilized for beach maintenance or research may operate within the dynamic dune field and beaches without authorization from the permit-issuing authority as long as those vehicles operate across existing cross-overs, paths, or drives; or
(2) Store or park sailboats, catamarans, or other commercial or recreational marine craft in any dynamic dune field. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Porter of the 119th moves to amend the Committee on Natural Resources and Environment substitute to SB 725 by striking on lines 22 through 25 of page 28 the following:
"At the next meeting of the committee that follows the issuance of an emergency order, which shall be held within 30 days of the issuance of the order, the committee shall",
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JOURNAL OF THE HOUSE,
and inserting in lieu thereof the following:
"The committee shall hold a meeting no sooner than 30 days after the issuance of an emergency order to".
The following amendment was read:
Representative Orr of the 9th moves to amend the Committee substitute to SB 725 by inserting on line 13 of page 1 the following, immediately after the first semicolon:
"to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Anno tated, 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; to provide for related matters;"
By inserting after line 6 of page 31 the following:
"Section 2. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Anno tated, relating to general provisions concerning the Department of Natural Resources, is amended by striking in its entirety Code Section 12-2-3, relating to the objects of the Department of Natural Resources, and inserting in lieu thereof a new Code Section 12-2-3 to read as follows:
'12-2-3. It shall be the objects objectives of the department: (1) To have the powers, duties, and authority formerly vested in the Division of
Conservation and the commissioner of conservation; (2) By means of investigation, recommendation, and publication, to aid: (A) In the promotion of the conservation and development wise utilization of the natural resources of the state; (B) In promoting a more profitable reasonable use of lands and waters; and {)--h* promoting the development of commerce and industry; and {B) (C) In coordinating existing scientific investigations with any related work of other agencies for the purpose of formulating and promoting sound policies of conservation and development; (3) To collect and classify the facts derived from such investigations and from
the work of other agencies of the state as a source of information accessible to the citizens of the state and to the public generally, which facts set forth the natural; economic, industrial, and commercial advantages of the state; and
(4) To establish and maintain perfect cooperation with any and every agency of the federal government interested in or dealing with the subject matter of the department.'
Section __. Said article is further amended by striking in its entirety Code Section 12-2-4, relating to the powers and duties of the Department of Natural Resources, and inserting in lieu thereof a new Code Section 12-2-4 to read as follows:
'12-2-4. (a) The department shall make investigations of the natural mining industry and commercial mineral resources of the state and shall take such mea sures as it may deem best suited to promote the conservation and development of such resources. (b) The department shall have the care of the state parks and other recreational areas now owned or to be acquired by the state, {e)--Repealed. {d} (c) The department shall make such examination, survey, and mapping of the geology, mineralogy, and topography of the state, including their industrial and eco nomic utilization, as it may consider necessary. {e) (d) The department shall make an investigation of the water supply and water power of the state with recommendations and plans for promoting their more profit able reasonable use and shall take such measures as it may consider necessary to pro mote their development.
WEDNESDAY, MARCH 25, 1992
3753
{f)--!Fhe department shall make investigations ef existing conditions of trade, comnieree; and industry in the state, paying particular attention te the causes which- may hinder ef encourage the growth, and may devise and recommend such plans as may fee considered best suited to promote the development ef their interests.
{g> (e) The department may take such other measures as it may deem advisable to obtain and make public a more complete knowledge of the state and its resources, and it is authorized to cooperate with other departments and agencies of the state in obtaining and making public such information. It shall be the duty of the department to arrange and classify the facts derived from its investigations so as to provide a gen eral source of information in regard to the state, its advantages, and its resources.
{h} |fj The department shall prepare a report to be submitted by the Governor to each General Assembly, showing the nature and progress of the department.
{& (g) The department shall from time to time prepare for publication reports and statements, with illustrations, maps, and other descriptions which adequately set forth the natural and material resources of the state and its industrial and commercial development, with a view toward furnishing information to educate the people regard ing the material advantages of the state; te encourage and foster the existing indus tries, and te present inducements fer investments in new enterprises. Such reports and information shall be published and distributed as the department may direct, at the expense of the state, as other public documents.
^j)--It is the intent and- purpose, in creating the Department ef Natural Resources, that the department shall confer with, cooperate with, and werte in harmony with the i-fGp&rti&ont of industry> i FftQc^ QUO j. OUHSHT OH du HOW senvit>ics of tno uopflrtmcnt ef Natural Resources.
{fc} (h) The department shall without any fee therefor accept applications for certi fication of environmentally sensitive conservation use property as provided for in Code Section 48-5-7.4 and shall certify property to local boards of tax assessors as meeting or not meeting the criteria of such Code section.'"
By renumbering all other following sections accordingly.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Abernathy N Adams N Aiken
Alford
N Ashe N Atkins
Baker Balkcom N Barfoot N Bargeron N Barnett,B N Barnett.M N Bates
Y Beatty N Benefield N Birdsong
Blitch Bordeaux N Bostick N Branch Breedlove Brooks N Brown N Brush NBuck Y Buckner NByrd Campbell
Y Canty N Carrell N Carter
Cauthorn N Chafin N Chambless
N Cheeks N Childers N Clark.E Y Clark.L N Coker N Coleman N Colwell
N Connell N Culbreth
Cummings.B Cummings.M
Y Davis,D N Davis.G Y Davis.M N Dixon,H
Dixon.S Dobbs N Dover Dunn Edwards Y Elliott N Felton N Fennel Floyd,J.M N Floyd,J.W NFlynt N Godbee N Golden
Y Goodwin E Green N Greene N Griffin N Groover
Hamilton N Hammond
Manner N Harris.B
N Harris,J N Heard N Henson N Herbert N Holland
Holmes N Howard N Hudson Y Irwin Y Jackson N Jamieson N Jenkins Y Jones N Kilgore
NKing Y Kingston N Klein
YLadd N Lane.D N Lane,R N Langford Y Lawrence
Y Lawson NLee
Long NLord
Lucas NMann N Martin Y McBee N McCoy N McKelvey
McKinney.B McKinney.C Y Meadows N Merritt N Milam
N Mills N Mobley N Moody Y Morsberger
Moultrie N 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 N Pinkston
YPoag N Porter
Poston Y Powell.A N Powell.C Y Presley N Purcell Y Randall
Ray N Reaves
Redding N Ricketson N Royal N Selman Y Sherrill N Simpson N Sinkfield
Skipper N Smith.L N Smith,? N Smith.T N Smith,W Y Smyre YSnow
Y Stancil.F Y Stancil.S N Stanley N Streat
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JOURNAL OF THE HOUSE,
Taylor Y Teper N Thomas,C N Thomas,M N Thomas,N
Y Thurmond N Titus
Y Tolbert N Townsend Y Turnquest
N Twiggs Valenti
N Vaughan N Walker,J N Walker.L
Y Wall N Watson N Watts
White N Wilder
On the adoption of the amendment, the ayes were 36, nays 109. The amendment was lost.
N Williarns,B Williams.J
N Williams.R Y Yeargin
Murphy,Spkr
The Committee substitute, as amended, was adopted.
Representative Poston of the 2nd 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.
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 Alford
Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong
Blitch Bordeaux Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman N Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G Y Davis.M
N Dixon.H Dixon.S
Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin E 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 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 Langford
Y Lawrence Y Lawson YLee
Long YLord
Lucas YMann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston NPoag Y Porter Y Poston Y Powell,A Y Powell,C
Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Y Selroan Y Sherrill Y Simpson Y Sinkfield
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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
N Twiggs Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder
Y Williams.B Williams ,J
Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
SB 786. By Senators Taylor of the 12th and Foster of the 50th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to group or blanket accident and sickness insurance, so as to provide that a group policyholder may require an additional employee contribution for spousal coverage where the spouse so covered is eligible to receive coverage under another group accident and sickness policy but declines such coverage.
WEDNESDAY, MARCH 25, 1992
3755
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 88, nays 11.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Jamieson of the llth moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 786.
On the motion, the ayes were 95, nays 10.
The motion prevailed.
SB 545. By Senator Foster of the 50th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Anno tated, relating to legal defense of indigents, so as to create the office of the multicounty public defender; to define certain terms; to provide for the nature and powers of such office; to provide for the management of such office; to provide for the preparation of a budget and for payment of expenses of such office; to provide for the appointment of a multicounty public defender; to provide for staffing of such office.
The following substitute, offered by Representative Lawson of the 9th, was read and adopted.
A BILL
To amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to create the office of the multicounty public defender; to define certain terms; to provide for the nature and powers of such office; to provide for the management of such office; to provide for the preparation of a budget; to provide for the appointment of a multicounty public defender; to provide for staffing of such office; to provide for the defense of indigent persons charged with capital felonies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, is amended by striking in its entirety subsection (a) of Code Section 17-12-60, relating to the appointment of attorneys for the defense of indigents in capital cases, and inserting in lieu thereof the following:
"(a) Except as provided in Article 5 of this chapter, Whenever whenever it appears to the presiding judge of the superior court that a defendant indicted for a capital felony is indigent and unable to pay an attorney for his defense, it shall be the duty of the court to appoint one or more attorneys for the defendant; and each of the attorneys so appointed shall receive a reasonable sum in compensation for his services in the superior court, such sum te be net less than $60.00 ner mere than $160.00, as determined in the discretion of the court, plus such sums as have been actually and prudently incurred in the necessary preparation and investigation of the case; provided, however, that the
flCxi flttorncy TO ft sum of not 1633 tndH tp.io.vU.
Section 2. Said chapter is further amended by inserting at the end thereof the fol lowing:
"ARTICLE 5
17-12-90. As used in this article, the term:
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JOURNAL OF THE HOUSE,
(1) 'Council' means the Georgia Indigent Defense Council created by Article 2 of this chapter.
(2) 'Office' means the office of the multicounty public defender created by this article.
17-12-91. There is created the office of the multicounty public defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state. The office shall serve all counties of this state.
17-12-92. The office of the multicounty public defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office.
17-12-93. The Georgia Indigent Defense Council and the council's director shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following:
(1) Appointment of the multicounty public defender; (2) Establishing the compensation of the multicounty public defender and the office staff as provided in Code Sections 17-12-95 and 17-12-96;
(3) Approving the level of staffing and establishing policy consistent with the intent of this article; and
(4) Preparing an annual budget for the office, and administering the funds made available to the office, and overseeing the expenditure of such funds.
17-12-94. The council and its director shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget may be submitted by the multicounty public defender.
17-12-95. (a) The multicounty public defender shall be appointed by and shall serve at the pleasure of the council.
(b) The multicounty public defender must have been duly admitted and licensed to practice law in this state for at least five years, shall have been engaged in the active practice of criminal law in this state for not less than three years, and must otherwise be determined by the council to be competent to defend a person charged with a capital felony.
(c) No person shall be appointed to the office of multicounty public defender who has been adjudged by any court or disciplinary tribunal of this state or of the United States or any of the several states to have rendered ineffective assistance of counsel to any person charged with a criminal offense.
(d) The multicounty public defender shall be entitled to receive the same compensa tion and allowances as is provided by law for district attorneys from state funds.
(e) Prior to entering into the duties of said office, the multicounty public defender shall take and subscribe to the oath prescribed by Code Section 45-3-1 and shall further swear or affirm to execute well and faithfully the duties of said office.
(f) The multicounty public defender shall not engage in the private practice of law. 17-12-96. (a) The multicounty public defender may employ, with the advice and consent of the council, assistant attorneys, clerks, investigators, stenographers, and other persons as may be necessary to carry out the duties of said office. Any person employed under this Code section serves at the pleasure of the council. (b) Personnel employed as assistant attorneys, secretaries, or investigators shall meet
the same qualifications and shall receive the same compensation and allowances as pro vided by law for similar state paid personnel employed in a district attorney's office pur suant to Chapter 18 of this title. Personnel appointed to positions which have not been
authorized to be compensated by state funds within a district attorney's office shall meet the same qualifications and shall be compensated at the same rate and in the same manner as provided for comparable positions in state government under the State Merit System of Personnel Administration.
(c) No person shall be appointed as an assistant attorney who has been adjudged by any court or disciplinary tribunal of this state or of the United States or any of the sev eral states to have rendered ineffective assistance of counsel to any person charged with
a criminal offense within five years of being appointed as an assistant attorney.
WEDNESDAY, MARCH 25, 1992
3757
(d) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and determined by the council to be competent to counsel and defend a person charged with a capital felony.
(e) Personnel employed on a full-time basis by the multicounty public defender shall not engage in the private practice of law.
(f) Personnel employed on a full-time basis by the multicounty public defender shall take and subscribe to the oath prescribed by Code Section 45-3-1 and shall further swear or affirm to execute well and faithfully their duties.
17-12-97. (a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending may notify the office, and the office shall assume the defense of such person if the resources, funding, and staffing of the office allow; provided, however, that the public defender of any county shall have the option to assume sole responsibility for the defense of any such person.
(b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, such defense shall be pro vided as otherwise provided by law.
(c) The office shall be responsible for the defense of any person referred to it pursu ant to subsection (a) of this Code section if the resources, funding, and staffing of the office allow. Such defense shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. The office shall not assist with any petition for a writ of habeas corpus in federal court."
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 ayes were 94, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
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.
The following Committee substitute was read and adopted:
A BILL
To amend Part 4 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the issuance of certain dangerous drugs and controlled substances to the medical directors of licensed ambulance services, first responders, or neonatal services; to provide for conditions and procedures; to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to emergency medical services, so as to provide that medical directors of licensed ambulance services, first responders, or neonatal services are autho rized to contract with licensed pharmacies to furnish and control the number and type of dangerous drugs and controlled substances required on the vehicles of their particular ser vices; to repeal conflicting laws; and for other purposes.
3758
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, is amended by adding a new Code section at the end thereof, to be designated Code Section 26-4-123, to read as follows:
"26-4-123. (a) As used in this Code section, the term 'emergency service provider' means licensed ambulance services, first responder services, or neonatal services.
(b) Dangerous drugs and controlled substances as defined under Chapter 13 of Title 16, as amended, may be issued to the medical director of an emergency service provider from any pharmacy licensed in Georgia only in accordance with the provisions of this Code section.
(c) The medical director of an emergency service provider and the issuing pharmacy must have a signed contract or agreement designating the issuing pharmacy as the provider of drugs and consultant services and a copy must be filed with the State Board of Pharmacy and the Department of Human Resources prior to any drugs being issued. The medical director of an emergency service provider may only have one contractual relationship with one pharmacy per county serviced by such emergency service provider.
(d) A manual of policies and procedures for the handling, storage, labeling, and record keeping of all drugs must be written, approved, and signed by the medical direc tor of an emergency service provider and the pharmacist-in-charge of the issuing phar macy. The manual shall contain procedures for the safe and effective use of drugs from acquisition to final disposition.
(e) A written record of all drugs issued to the medical director of an emergency ser vice provider must be maintained by the issuing pharmacy and emergency service provider. Agents of the Georgia Drugs and Narcotics Agency may review all records to determine the accuracy and proper accountability for the use of all drugs.
(f) To provide for the proper control and accountability of drugs, a written record of all drugs used by such emergency service provider shall be provided to the issuing pharmacy within 72 hours of use.
(g) A pharmacist from the contracting issuing pharmacy shall physically inspect the drugs of such emergency service provider to determine compliance with appropriate poli cies and procedures for the handling, storage, labeling, and record keeping of all drugs not less than annually and maintain records of such inspection for a period of no less than two years. Such an inspection shall, at a minimum, verify that:
(1) Drugs are properly stored, especially those requiring special storage conditions; (2) Drugs are properly accounted for by personnel of such emergency service provider; (3) Proper security measures to prohibit unauthorized access to the drugs are implemented; and (4) All policies and procedures are followed and enforced. (h) All outdated, expired, unused, or unusable drugs shall be returned to the issuing pharmacy for proper disposition in a manner acceptable to the State Board of Phar macy."
Section 2. Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions relative to emergency medical services, is amended by adding at the end thereof a new Code Section 31-11-12 to read as follows:
"31-11-12. Medical directors of licensed ambulance services, first responders, or neonatal services are authorized to contract with licensed pharmacies to furnish danger ous drugs and controlled substances for the vehicles of their particular services. Such dangerous drugs and controlled substances shall be furnished, secured, and stored in the manner provided for in Code Section 26-4-123."
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 106, nays 0.
WEDNESDAY, MARCH 25, 1992
3759
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
SB 750. By Senator Baldwin of the 29th:
A bill to amend Code Section 35-8-19 of the Official Code of Georgia Anno tated, relating to the appointment of a citizen of an adjoining state as a peace officer in certain cities, so as to remove the population figures.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to change certain provi sions relating to the appointment of a citizen of an adjoining state as a peace officer in certain cities; to provide for reimbursement by a new employer of a peace officer or for reimbursement by the peace officer to a municipality or county or the state which initially paid for the peace officer's mandated or formalized training; to provide for different amounts of reimbursement based on the time at which the peace officer is hired by a new employer following training; to provide for the Georgia Peace Officer Standards and Train ing Council to set the standards for reimbursement; to provide for civil remedies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," is amended by striking in its entirety Code Section 35-8-19, relating to the appointment of a citizen of an adjoining state as a peace officer in certain cities, and inserting in lieu thereof a new Code Section 35-8-19 to read as follows:
"35-8-19. In each city of this state adjacent to the State of Georgia boundary line tnu ftftvmg d popuiit-ion of not 1693 tftftn 4,i&W5 ctnd not more trisn 4jouu ftccopdin^ to the United States- decennial eensas ef- 1070 or any future svtek census, the sheriff, mayor, or other person authorized to appoint peace officers may appoint as special deputy, spe cial constable, marshal, policeman, or other peace officer; a person who is not a citizen of Georgia but who is a citizen of an adjoining state, provided such appointed person is otherwise qualified to serve as a peace officer."
Section 2. Said chapter is further amended by adding at the end thereof a new Code Section 35-8-22 to read as follows:
"35-8-22. (a) Unless otherwise provided by an employment contract to the contrary, if the State of Georgia or any county or municipality thereof employs a peace officer and said peace officer is hired by another agency within 15 months after completing mandated or formalized training requirements, then the total expense of training, including salary paid during training, shall be reimbursed by the hiring agency or the peace officer to the State of Georgia or any county or municipality thereof which ini tially paid for such training. If said officer is hired by another agency during a period of 15 to 24 months after mandated or formalized training requirements are completed, then one-half of the total expense of training, including salary paid during training, shall be reimbursed by the hiring agency or the peace officer to the State of Georgia or any county or municipality thereof which initially paid for such training. The council shall set standards for reimbursement by hiring agencies or peace officers based upon actual expenses incurred in mandated, or formalized training by individual departments.
(b) The State of Georgia or any county or municipality thereof which initially paid for the training of a peace officer shall submit an itemized, sworn statement to the new employer of the peace officer and shall demand payment thereof and may enforce collec tion of such obligation through civil remedies and procedures."
3760
JOURNAL OF THE HOUSE,
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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
SR 363. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in the City of Milledgeville, Baldwin 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 ayes were 99, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted.
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 315 Do Pass, by Substitute
Respectfully submitted, 1st 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 of the
Senate and has instructed me to report the same back to the House with the following recommendations:
SB 572 Do Pass, by Substitute SB 601 Do Pass
SB 644 Do Pass SB 787 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
WEDNESDAY, MARCH 25, 1992
3761
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 637 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 164 Do Pass, by Substitute SB 779 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs 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 - 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 2024 Do Pass, as Amended
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 617 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the llth
Chairman
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
3762
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
HB 113. By Representative Lane of the 27th:
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 require a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county.
The President has appointed on the part of the Senate the following:
Senators Harris of the 27th, Walker of the 43rd and Perdue of the 18th.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1497.
By Representatives Buck of the 95th, Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Article 1 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food and beverage standards and labeling in general, so as to define the term "spring water".
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1322. By Representative Balkcom of the 140th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the disposal of certain seized wildlife; to change certain provisions relating to legal weapons for hunting; to change the open season dates and bag limits of certain wildlife.
The Senate insists on its substitute to the following Bill of the House:
HB 1125.
By Representatives Poston of the 2nd, Fennel of the 155th, Orr of the 9th, Meadows of the 91st, Smith of the 16th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to create the State Ethics Commission; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1871. By Representatives Cummings of the 17th, Smith of the 16th, Kilgore of the 42nd, Watson of the 114th, Watts of the 41st and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide that American sign language shall be considered to be a foreign language for the purposes of fulfilling the requirements of the college preparatory curriculum.
WEDNESDAY, MARCH 25, 1992
3763
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:
HB 1779.
By Representatives Taylor of the 94th, Thurmond of the 67th and Harris of the 96th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana in, on or within 1,000 feet of any real property dedicated and set apart by a county or municipal governing authority as a park, playground, or recreation center.
HB 1763.
By Representatives Benefield of the 72nd, Murphy of the 18th, Lee of the 72nd, Chafin of the 72nd, King 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 the form that shall be used in reporting of family violence incidents; to provide for collection and publication of data; to amend Title 35 of the Official Code of Georgia Anno tated, relating to law enforcement, so as to provide for training in investiga tion of family violence incidents.
HB 1004.
By Representative Dunn of the 73rd:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to provide for user fees for the establishment and maintenance of public information services and materials.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1642.
By Representatives Streat of the 139th, Jenkins of the 80th, Walker of the 113th, Ray of the 98th and Holland of the 136th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Anno tated, the "Georgia Fire Sprinkler Act," so as to provide for an order to cease and desist violation of rules and regulations; to provide for revocation of a new certificate of competency; to provide additional grounds for revocation or suspension of a certificate of competency.
The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House:
HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles.
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:
3764
JOURNAL OF THE HOUSE,
HR 1181. By Representatives Kingston of the 125th, McKinney of the 35th, Merritt of the 123rd, Brush of the 83rd, Mueller of the 126th and others:
A resolution urging a study of welfare reform by the House of Representa tives.
Referred to the Committee on Rules.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:
SB 730. By Senator Broun of the 46th:
A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to authorize agreements for probation services and other services for municipal courts; to authorize establishment of probation systems for municipal courts; to provide for procedures and requirements related thereto.
The following substitute, offered by Representatives Walker of the 113th and Holland of the 136th, was read:
A BILL
To amend Chapter 8 Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide that community service shall include certain services performed for handicapped, disabled, or aged persons; to provide for qualifications for receiving such assistance; to provide that such service shall be voluntary; to authorize agreements for pro bation services and other services for municipal courts; to authorize establishment of pro bation systems for municipal courts; to provide for procedures and requirements related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 42-8-70, relating to definitions, and inserting in lieu thereof the following:
"(2) 'Community service' means uncompensated work by an offender with an agency for the benefit of the community pursuant to an order by a court as a condition of pro bation. Such term also means uncompensated service by an offender who lives in the household of a disabled person and provides aid and services to such disabled individual, including, but not limited to, cooking, housecleaning, shopping, driving, bathing, and dressing. Such term also means uncompensated service performing common tasks for a handicapped or disabled person or a person over 65 years of age which such persons are unable to perform because of their handicap, disability, or age, including, without limita tion, cooking, cleaning, yard work, repair or maintenance of a domicile, shopping, and driving."
Section 2. Said chapter is further amended by inserting at the end of Code Section 42-8-72, relating to matters relative to community service as a condition of probation, the following:
"(f) Any agency may recommend to the court that certain handicapped or disabled persons or persons over 65 years of age are in need of assistance in performing common tasks which they are unable to perform because of their handicap, disability, or age. The judge shall confer with the prosecutor, defense attorney, probation supervisor, commu nity service office, or other interested persons to determine if a community service pro gram involving such person is appropriate for an offender. If such community service is deemed appropriate and if both the offender and the handicapped, disabled, or aged
WEDNESDAY, MARCH 25, 1992
3765
person consent to such service, the court may order such community service as a condi tion of probation."
Section 3. Said chapter is further amended by inserting after Code Section 42-8-101 a new Code Section 42-8-102 to read as follows:
"42-8-102. (a) The judge of the municipal court of any municipality or unified gov ernment of a municipality and county of this state, with the approval of the governing authority of that municipality or unified government, is authorized to enter into an agreement with a private corporation, enterprise, or agency to provide general probation supervision, fine collection services, counseling, and other probation services for persons convicted in such court and placed on probation.
(b) The judge of the municipal court of any municipality or unified government of a municipality and county of this state, with the approval of the governing authority of that municipality or unified government, is authorized to establish a probation system to provide general probation supervision, fine collection services, counseling, and other probation services for persons convicted in such court and placed on probation."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Pinholster of the 8th moves to amend the Floor substitute to SB 730 by adding after line 11 page 1 the following:
"and to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relat ing to probation, so as to require participation of certain individuals in adult education courses; to provide for conditions and requirements for participation; to provide for test ing of such individuals; to authorize agreements for".
"Section 4. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding a new subsection (f) at the end of Code Section 42-8-35.1 to read as follows:
'(f) Any probationer sentenced under the terms of this Code section shall be tested to determine whether such probationer is capable of achieving a fifth-grade level of literacy, as established by the State Board of Education. If such testing indicates that the probationer is capable of attaining such level of competency, the probationer shall, in addition to all other requirements specified in this Code section, be required to enroll in and participate in a volunteer or other cost free adult literacy program to attain the equivalency of a grade five competency in reading and writing. The proba tioner shall be required to enroll and enter into such literacy program after comple tion of confinement in a "special alternative incarceration-probation boot camp" and to remain in such program until attaining a grade five literacy level or until the con clusion of the period of court ordered probation. This subsection shall not apply to probationers whose diagnostic testing indicates they are incapable of attaining grade five literacy competency.'"
By redesignating Section 4 as Section 5.
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
Y Abernathy N Adams Y Aiken
Alford Y Ashe Y Atkins N Baker
Balkcom N Barfoot
N Bargeron N Barnett.B N Barnett.M Y Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush N Buck N Buckner N Byrd
Y Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers
Y Clark.E Clark,L
N Coker N Coleman N Colwell
Connell N Culbreth
Cummings.B N Cummings.M
3766
N Davis,D N Davis.G Y Davis.M
Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards Y Elliott
Felton N Fennel
Floyd.J.M N Floyd,J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin N Groover Y Hamilton Y Hammond
Manner N Harris.B N Harris.J
JOURNAL OF THE HOUSE,
Y Heard N Henson N Herbert N Holland
Holmes Howard Hudson Y Irwin
N Jackson Jamieson
N Jenkins
Y Jones N Kilgore NKing Y Kingston Y Klein YLadd Y Lane,D N Lane.R N Langford Y Lawrence
Lawson
NLee Long
NLord Lucas Mann
N Martin N McBee N McCoy N McKelvey
McKinney.B McKinney.C Meadows N Merritt N Milam
N Mills Mobley
N Moody Y Morsberger
Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr
Orrock Y Padgett N Parham N Parrish
Patten N Pelote Y Perry
N Pettit Y Pinholster
Pinkston YPoag
Porter N Postal N Powell,A N Powell.C Y Presley N Purcell N Randall NRay
Reaves Redding Y Ricketson Royal Selman N Sherrill
N Simpson N Sinkfield N Skipper N Smith.L N Smith,P N Smith.T
Smith.W YSmyre YSnow N Stancil.F Y Stancil,S
N Stanley Streat
Y Taylor N Teper N Thomas.C N Thomas.M
Thomas.N N Thurmond N Titus Y Tolbert N Townsend Y Turnquest N Twiggs N Valenti Y Vaughan N Walker,J N Walker.L N Wall N Watson
N Watts White
Y Wilder Y Williams.B
Williams,J Y Williams.R
Yeargin Murphy.Spkr
On the adoption of the amendment, the ayes were 45, nays 95. The amendment was lost.
On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Y Aiken Alford
N Ashe Y Atkins
Baker Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M
N Bates N Beatty Y Benefield
Y Birdsong N Blitch Y Bordeaux
Bostick
N Branch N Breedlove Y Brooks
Brown Y Brush NBuck Y Buckner YByrd Y Campbell
N Canty N Carrell Y Carter N Cauthorn
Y Chafin Y Chambless
N Cheeks N Childers
Y Clark.E Y Clark.L N Coker N Coleman N Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M N Davis.D N Davis.G Y Davis.M
Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd,J.W N Flynt
Godbee N Golden Y Goodwin E Green N Greene N Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J
N Heard Y Henson
Herbert Y Holland
Holmes Howard Y Hudson N Irwin N Jackson Jamieson N Jenkins N Jones Y Kilgore King N Kingston Y Klein NLadd Y Lane.D N Lane.R N Langford N Lawrence N Lawson YLee Long
YLord Lucas
NMann Y Martin
N McBee Y McCoy N McKelvey
McKinney.B McKinney.C Meadows Y Merritt N Milam
Y Mills
Mobley Y Moody Y Morsberger
Moultrie N Mueller N Oliver.C Y Oliver.M YOrr
Orrock
N Padgett Y Parham
N Parrish Patten
Y Pelote
Y Perry
Y Pettit N Pinholster
Pinkston
NPoag Porter
Y Postal N Powell.A Y Powell.C N Presley N Purcell Y Randall NRay
Reaves Redding Y Ricketson Royal Selman Y Sherrill N Simpson N Sinkfield
Y Skipper N Smith.L N Smith.P Y Smith.T N Smith.W Y Smyre N Snow Y Stancil.F N Stancil.S N Stanley
Streat Y Taylor Y Teper Y Thomas.C N Thomas.M Y Thomas.N N Thurmond N Titus N Tolbert N Townsend N Turnquest N Twiggs
Y Valenti Y Vaughan
Y Walker.J
Y Walker.L
N Wall
Y Watson
N Watts White
N Wilder N Williams.B
Williams,J N Williams.R N Yeargin
Murphy.Spkr
On the adoption of the Floor substitute, the ayes were 69, nays 77.
WEDNESDAY, MARCH 25, 1992
3767
The Floor substitute was lost.
Representative Pettit of the 19th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.
The following amendment was read:
Representative Pinholster of the 8th moves to amend SB 730 by striking lines 1 through 3 of page 1 in their entirety and inserting in lieu thereof the following:
"To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to require participation of certain individuals in adult education courses; to provide for conditions and requirements for participation; to provide for test ing of such individuals; to authorize agreements for".
By striking lines 10 through 13 of page 1 in their entirety and inserting in lieu thereof the following:
"Section 1. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding a new subsection (f) at the end of Code Section 42-8-35.1 to read as follows:
'(f) Any probationer sentenced under the terms of this Code section shall be tested to determine whether such probationer is capable of achieving a fifth-grade level of literacy, as established by the State Board of Education. If such testing indicates that the probationer is capable of attaining such level of competency, the probationer shall, in addition to all other requirements specified in this Code section, be required to enroll in and participate in a volunteer or other cost free adult literacy program to attain the equivalency of a grade five competency in reading and writing. The proba tioner shall be required to enroll and enter into such literacy program after comple tion of confinement in a "special alternative incarceration-probation boot camp" and to remain in such program until attaining a grade five literacy level or until the con clusion of the period of court ordered probation. This subsection shall not apply to probationers whose diagnostic testing indicates they are incapable of attaining grade five literacy competency.'
Section 2. Said chapter is further amended by adding a new Code Section 42-8-102 to read as".
By redesignating Section 2 as Section 3.
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken
Alford
Y Ashe Y Atkins N Baker
Balkcom N Barfoot N Bargeron N Barnett.B Y Barnett.M Y Bates Y Beatty N Benefield N Birdsong N Blitch Y Bordeaux
Bostick
Y Branch Y Breedlove Y Brooks
Brown
Y Brush N Buck Y Buckner Y Byrd Y Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers Y Clark.E YClark.L
N Coker N Coleman N Colwell
Connell
N Cuibreth Cummings,B
N Cummings.M N Davis.D N Davis.G Y Davis.M
Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton N Fennel
Floyd,J.M N Floyd.J.W N Flynt
N Godbee
N Golden Y Goodwin E Green N Greene Y Griffin N Groover Y Hamilton N Hammond
Banner Y Harris.B N Harris.J Y Heard N Henson N Herbert
Holland
Holmes Howard Hudson
Y Irwin
N Jackson Jamieson
N Jenkins Y Jones Y Kilgore N King Y Kingston Y Klein Y Ladd Y Lane.D N Lane.R N Langford Y Lawrence Y Lawson N Lee
3768
JOURNAL OF THE HOUSE,
Long
NLord
Lucas YMann N Martin Y McBee
N McCoy Y McKelvey
McKinney.B McKinney.C Meadows Y Merritt Milam N Mills Mobley Y Moody Y Morsberger
Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr N Orrock N Padgett N Parham N Parrish
Patten Y Pelote Y Perry N Pettit
Y Pinholster Pinks ton
YPoag Porter
Y Poston N Powell,A N Powell.C Y Presley N Purcell N Randall NRay
Reaves Redding
Y Ricketson Royal
N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith,L
N Smith.P N Smith.T Y Smith.W
Y Smyre
N Snow N Stancil.F
Y Stancil.S
N Stanley
Streat Y Taylor Y Teper N Thomas.C
Thomas.M Thomas.N Y Thurmond N Titus Y Tolbert
N Townsend N Turnquest N Twiggs
N Valenti Y Vaughan N Walker.J N Walker.L N Wall 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 62, nays 83. The amendment was lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot N Bargeron
Barnett,B N Barnett.M
Y Bates
N Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch N Breedlove Y Brooks
Brown
Y Brush YBuck Y Buckner
YByrd Y Campbell N Canty
Y Carrell Y Carter N Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards N Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris.J
Y Heard Y Henson Y Herbert
Holland Holmes Howard Y Hudson Y Irwin
Y Jackson Jamieson
N Jenkins N Jones Y Kilgore YKing Y Kingston
Y Klein
Y Ladd Y Lane.D
N Lane,R N Langford Y Lawrence Y Lawson YLee YLong Y Lord Y Lucas
Y Mann
Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B
McKinney,C Meadows Y Merritt N Milam
Y Mills 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
Pinkston N Poag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell
Randall
YRay Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill N Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith.W Y Smyre
Y Snow
Y Stancil.F N Stancil.S Y Stanley
Streat
Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts White
N Wilder
Y Williams.B Williams.J
Y Williams.R
Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 135, nays 19. The Bill, having received the requisite constitutional majority, was passed.
Representative Randall of the 101st 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.
WEDNESDAY, MARCH 25, 1992
3769
SB 468. By Senator Kidd of the 25th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Anno tated, relating to the creation of the Composite State Board of Medical Examiners, so as to provide for certain expense allowances, mileage allow ances, and reimbursement for members of the Physician's Assistants Advis ory Committee.
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 Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown N Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D 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 E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert
Holland Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas YMann Y Martin Y McBee N McCoy Y McKelvey
McKinney.B McKinney.C 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
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 Presley
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
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 N 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 3. The Bill, having received the requisite constitutional majority, was passed.
SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, fur ther, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative intent; to define certain terms.
Representative Childers of the 15th moved that SB 735 be placed upon the table.
3770
JOURNAL OF THE HOUSE,
On the motion, the roll call was ordered and the vote was as follows:
N Abernathy N Adams N Aiken
Alford N Ashe N Atkins N Baker
Balkcom Y Barfoot Y Bargeron N Barnett.B N Barnett.M Y Bates N Beatty N Benefield N Birdsong N Blitch N Bordeaux
Bostick N Branch N Breedlove N Brooks
Brown N Brush NBuck Y Buckner NByrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks
Childers
Y Clark.E N Clark.L N Coker N Coleman Y Colwell Y Connell N Culbreth N Cummings.B N Cummings.M
Y Davis.D N Davis.G
N Davis.M N Dixon.H
N Dixon.S N Dobbs
Y Dover N Dunn Y Edwards
N Elliott N Felton Y Fennel
Floyd,J.M Floyd,J.W Y Flynt Y Godbee
Y Golden N Goodwin E Green
Greene Y Griffin N Groover Y Hamilton Y Hammond Y Hanner N Harris.B N Harris,J
N Heard N Henson Y Herbert Y Holland
Holmes Howard N Hudson Y Irwin N Jackson N Jamieson N 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 NLord Lucas N Mann Y Martin Y McBee N McCoy N McKelvey McKinney.B McKinney.C Meadows Y Merritt N Milam
Y Mills N Mobley N Moody N Morsberger
Moultrie N Mueller Y Oliver.C N Oliver.M YOrr Y Orrock N Padgett Y Parham N Parrish
Patten N Pelote N Perry Y Pettit N Pinholster
Pinkston NPoag
Porter N Poston N Powell.A N Powell.C N Presley Y Purcell N Randall NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill Y Simpson
Sinkfield
Y Skipper N Smith.L N Smith.P
Smith.T Y Smith.W N Smyre N Snow N Stancil.F N Stancil.S Y Stanley N Streat N Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
N Titus Tolbert Townsend
N Turnquest N Twiggs N Valenti N Vaughan N Walker,J N Walker.L N Wall N Watson N Watts N White N Wilder N Williams.B
Williams,J N Williams.R
N Yeargin Murphy.Spkr
On the motion, the ayes were 43, nays 111. The motion was lost.
Representative Groover of the 99th moved that SB 735 be recommitted to the Com mittee on Public Safety.
On the motion, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams N Aiken
Alford Y Ashe N Atkins Y Baker
Balkcom Y Barfoot
Y Bargeron N Barnett.B N Barnett.M
Bates N Beatty N Benefield N Birdsong Y Blitch Y Bordeaux
Bostick Y Branch N Breedlove Y Brooks
Brown N Brush YBuck
N Buckner NByrd N Campbell
Y Canty N Carrell N Carter N Cauthorn
N Chafin Chambless
N Cheeks Y Childers Y Clark.E N Clark.L N Coker
Coleman
Y Colwell N Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D N Davis.G N Davis.M N Dixon.H Y Dixon.S
Y Dobbs N Dover N Dunn Y Edwards N Elliott
N Felton Y Fennel
Floyd.J.M Floyd.J.W Y Flynt
Y Godbee Y Golden N Goodwin E Green
Greene Y Griffin Y Groover N Hamilton Y Hammond
Hanner N Harris,B Y Harris.J Y Heard Y Henson N Herbert
Y Holland
Holmes Howard Y Hudson Y Irwin N Jackson N Jamieson Y Jenkins Y Jones Y Kilgore NKing Y Kingston Y Klein NLadd N Lane,D N Lane,R Y Langford Y Lawrence N Lawson NLee YLong NLord Lucas NMann Y Martin
Y McBee N McCoy N McKelvey
McKinney.B McKinney.C
Meadows Y Merritt N Milam Y Mills
Y Mobley Y Moody N Morsberger
Moultrie N Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock
N Padgett Y Parham Y Parrish
Patten N Pelote Y Perry Y Pettit
WEDNESDAY, MARCH 25, 1992
3771
Y Pinholster Pinkston
N Poag Porter
Y Poston Y Powell.A N Powell.C N Presley N Purcell Y Randall Y Ray
N Reaves Redding
N Ricketson Y Royal N Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper N Smith.L Y Smith,?
N Smith.T N Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley N Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N N Thurmond N Titus
Tolbert Townsend Y Turnquest N Twiggs Y Valenti N Vaughan N Walker,J
N Walker.L N Wall N Watson Y Watts Y White N Wilder N Williams.B
Williams,J N Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 82, nays 71. The motion prevailed.
SB 747. By Senator Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters; to provide for definitions; to provide exceptions; to provide for various categories of licenses; to prohibit certain activities of individuals not holding licenses; to provide for certificates of authority; to provide penalties.
The following Committee substitute was read:
A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters; to provide for definitions; to provide exceptions; to provide for various categories of licenses; to prohibit certain activities of individuals not holding licenses; to provide for certificates of authority; to pro vide penalties; to provide conditions for licensure; to provide for applications; to provide for fees; to provide for examinations and study materials; to provide for bonding require ments; to provide for nonresident licenses; to provide for continuing education require ments; to provide for the placement of licenses on inactive status; to provide for the suspension or revocation of licenses; to provide requirements relative to the maintenance of a place of business in this state; to provide for notices of terminations of certificates of authority; to provide for the scope of certain licenses; to provide requirements for the countersigning of policies; to provide for service of process of nonresident licensees; to pro vide for records; to provide for the accounting of funds; to provide for investigations; to provide for the promulgation of rules and regulations; to provide for other matters relative to the foregoing; to provide for applicability; 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. Chapter 23 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, brokers, counselors, and adjusters, is amended by striking Article 1, relating to life insurance, accident and sickness insurance, and annuity contracts, and Article 2, relating to property, casualty, and surety insurance, in their entirety and inserting in lieu thereof a new Article 1 to read as follows:
"ARTICLE 1
33-23-1. (a) As used in this article, the term: (1) 'Adjuster' means any person who for a fee, commission, salary, or other com
pensation investigates, settles, or adjusts and reports to his employer or principal with respect to claims arising under insurance contracts on behalf of the insurer or the
3772
JOURNAL OF THE HOUSE,
insured or a person who directly supervises or manages such person. The term 'adjuster' does not include:
(A) Persons who adjust claims arising under contracts of life or marine insurance or annuities; or
(B) An agent or a salaried employee of an agent who adjusts or assists in adjust ing losses under policies issued by such agent or insurer. (2) 'Agency' means a person who represents one or more insurers and is engaged in the business of soliciting or procuring insurance or applications for insurance or countersigning, issuing, or delivering contracts of insurance for one or more insurers. (3) 'Agent' means an individual appointed or employed by an insurer who solicits insurance or procures applications for insurance; who in any way, directly or indi rectly, makes or causes to be made any contract of insurance for or on account of an insurer; or who as representative of an insurer receives money for transmission to the insurer for a contract of insurance, anything in the application or contract to the con trary notwithstanding, and who has on file with the Commissioner a certificate of authority from each insurer with whom the agent places insurance. (4) 'Controlled business of a person' means property or casualty insurance for a person or a person's spouse; for any relative by blood or marriage within the second degree of kinship as defined by paragraph (5) of Code Section 53-4-2; for a person's employer or the firm of which a person is a member; for any officer, director, stock holder, or member of a person's employer or of any firm of which a person is a part ner; for any spouse of the officer, director, employer, stockholder, or member of a person's firm; for a person's ward or employee; or for any person or in regard to any property under a person's control or supervision in any fiduciary capacity. (5) 'Counselor' means any person who engages or advertises or holds himself or herself out as engaging in the business of counseling, advising, or rendering opinions as to the benefits promised under any contract of insurance issued or offered by any insurer or as to the terms, value, effect, advantages, or disadvantages under the con tract of insurance, other than an actuary or consultant advising insurers. When receiv ing a fee, commission, or other compensation for this service, such person shall not receive any compensation from any other source on or relating to the same transac tion. (6) 'Independent adjuster' means an adjuster representing the interest of the insurer who is not an employee of such insurer. (7) 'Insurance,' except where the type of insurance is specifically stated, means all kinds of insurance other than bail bonding by individual sureties. (8) 'Public adjuster' means any person who solicits, advertises for, or otherwise agrees to represent only a person who is insured under a policy covering fire, wind storm, water damage, and other physical damage to real and personal property other than vehicles licensed for the road, and any such representation shall be limited to the settlement of a claim or claims under the policy for damages to real and personal property, including related loss of income and living expense losses but excluding claims arising out of any motor vehicle accident.
(9) 'Subagent' means any licensed agent, except as provided in Code Section 33-23-12 of this article, who acts for or on behalf of another licensed agent in the solicitation of, negotiations for, or procurement or making of an insurance contract or annuity contract whether or not the person is designated by the agent as subagent, solicitor, or any other title and who has on file with the Commissioner a certificate of authority from each agent with whom the subagent places insurance. The term 'subagent' shall not include:
(A) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year; or
(B) An agent who places surplus lines insurance with or through a surplus lines broker only with respect to such surplus lines insurance.
(10) 'Surplus lines broker' means a person as defined in Code Section 33-1-2.
(b) The definitions of agent, subagent, counselor, and adjuster in subsection (a) of this Code section shall not be deemed to include:
WEDNESDAY, MARCH 25, 1992
3773
(1) Any regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insurance transaction so long as such person is not involved in soliciting insurance, signing or countersigning contracts, or receiving premiums;
(2) An attorney at law admitted to practice in this state, when handling the collec tions of premiums or advising clients as to insurance as a function incidental to the practice of law or who, from time to time, adjusts losses which are incidental to the practice of his or her profession;
(3) Any representative of ocean marine insurers; (4) Any representative of farmers' mutual fire insurance companies as defined in Chapter 16 of this title; (5) A salaried employee of a credit or character reporting firm or agency not engaged in the insurance business who may, however, report to an insurer; (6) A person acting for or as a collection agency; or (7) A person who makes the salary deductions of premiums for employees or, under a group insurance plan, a person who serves the master policyholder of group insurance in administering the details of such insurance for the employees or debtors of the master policyholder or of a firm or corporation by which the person is employed and who does not receive insurance commissions for such service; provided, further, that an administration fee not exceeding 5 percent of the premiums collected paid by
the insurer to the administration office shall not be construed to be an insurance com mission.
33-23-2. A license to act as an agent, subagent, counselor, or adjuster shall be issued only to an individual.
33-23-3. (a) An agency as defined in paragraph (2) of subsection (a) of Code Section
33-23-1 must register annually on forms prescribed by the Commissioner. Such registra
tion shall include the following: (1) Name of the agency;
(2) Mailing address of the agency; (3) Location of the agency; (4) Names of all owners or, if a corporation, all officers and directors of the agency and, if any are licensees under this chapter, their license numbers;
(5) Names of all other employees of the agency and, if licensed under this chapter, their license numbers; and
(6) List of insurance companies represented by the agency. (b) An agency shall be subject to all penalties, fines, criminal sanctions, and other
actions authorized for agents under this chapter. (c) No person shall be an owner of an agency or, if the agency is a corporation, no
person shall be an officer or director of such corporation or own 10 percent or more of the corporation if such person has had his or her license under this chapter refused,
revoked, or suspended. 33-23-4. (a) No person shall act as or hold himself or herself out to be an agent,
subagent, counselor, or adjuster in this state unless such person first procures a license
from the Commissioner. (b) No agent or subagent shall solicit or take applications for, procure, or place for
others any kind of insurance for which such agent or subagent is not then licensed and
for which a certificate of authority is not currently on file with the Commissioner; pro vided, however, no certificate of authority shall be required for:
(1) An agent who places insurance with or through another agent involving 12 or
fewer policies or certificates of insurance in any one calendar year; (2) An agent who places surplus lines insurance with or through a surplus lines
broker, only with respect to such surplus lines insurance; or (3) An agent who, with agreement of an insurer, places a specific policy or risk
with such insurer provided the insurer within 15 days of the acceptance of the risk files with the Commissioner an application for a specific certificate of authority in
such form and manner as may be prescribed by the Commissioner. (c) No insurer or agent doing business in this state shall pay, directly or indirectly, any commissions or any other valuable consideration to any person for services as an
3774
JOURNAL OF THE HOUSE,
agent, subagent, or adjuster within this state, unless such person is duly licensed in accordance with this article.
(d) An insurer may pay a commission or other valuable consideration to a registered insurance agency in which all employees, stockholders, directors, or officers who solicit, negotiate, or effectuate insurance contracts are qualified insurance agents, subagents, or counselors holding currently valid licenses as required by the laws of this state; and an agent, subagent, or counselor may share any commission or other valuable consideration with such a registered insurance agency.
(e) No person, partnership, or corporation other than a duly licensed adjuster, agent, subagent, or counselor shall pay or accept any commission or other valuable considera tion except as provided in subsections (c) and (d) of this Code section.
(f) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the grounds that the licensee has ceased to be an agent, subagent, or counselor nor prevent the receipt or payment of any commis sion by a person who has been issued a temporary license pursuant to this chapter.
(g) Any person who willfully violates this Code section shall be guilty of a misde meanor and, upon conviction thereof, shall be subject to punishment as provided in Code Section 17-10-3, relating to punishment for misdemeanors.
33-23-5. (a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-29. The Commissioner shall not issue a license to any applicant who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (7) of this subsection:
(1) The applicant must be a resident of this state who will reside and be present within this state for at least six months of every year; provided, however, in cities, towns, or trade areas, either unincorporated or comprised of two or more incorporated cities or towns, located partly within and partly outside the state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like require ments as to residence and place of business;
(2) If applying for an agent's license for property and casualty insurance, the applicant must not use or intend to use the license for the purpose of obtaining a rebate or commission upon controlled business; and the applicant must not in any cal endar year effect controlled business that will aggregate as much as 25 percent of the volume of insurance effected by such applicant during such year, as measured by the comparative amounts of premiums;
(3) If applying for an agent's license, the applicant must have been appointed an agent by an authorized insurer subject to issuance of the license;
(4) If applying for a subagent's certificate of authority, the applicant must have been appointed a subagent by a licensed agent subject to issuance of the certificate of authority;
(5) The applicant must be of good character;
(6) The applicant must pass any written examination required for the license by this article;
(7) If applying for a license as counselor, the applicant must show that he or she has had five years' experience acting as either an agent, subagent, or adjuster or in some other phase of the insurance business which in the opinion of the Commissioner has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner; and
(8) If applying for an agent's license, subagent's license, counselor's license, or adjuster's license, except as provided in subsection (c) of this Code section and in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-29, no appli cant shall be qualified therefor or be so licensed unless he or she has:
(A) Successfully completed classroom courses in insurance satisfactory to the Commissioner at a school which has been approved by the Commissioner; or
WEDNESDAY, MARCH 25, 1992
3775
(B) Completed a correspondence course in insurance approved by the Commis sioner and has had at least six months of responsible insurance duties as a substan tially full-time bona fide employee of an agent or insurer or the managers, general agents, or representatives of the insurer in the kind or kinds of insurance for which such applicant seeks to be licensed. (b) Where the applicant's qualifications as required in subparagraph (a)(7)(B) of this Code section are based in part upon the periods of employment at responsible insurance duties, the applicant shall submit with this application for license on a form prescribed by the Commissioner an affidavit setting forth the period of such employment, stating that the employment was substantially full time, and giving a brief abstract of the nature of the duties performed by the applicant. (c) An individual who was qualified to sit for an agent's or adjuster's examination at the time such individual was employed by the Commissioner and who while so employed was employed in responsible insurance duties as a full-time bona fide employee shall be permitted to take an examination if application for such examination is made within 90 days after the date of termination of employment with the Commis sioner. (d) This Code section shall not apply as to any temporary license provided for in Code Section 33-23-13. 33-23-6. (a) In addition to the other applicable provisions of this chapter, the Com missioner shall license as an adjuster only an individual who has furnished evidence sat isfactory to the Commissioner that such person has had special education or training, with reference to the handling of loss claims under insurance contracts, of sufficient duration and extent to qualify the person as reasonably competent to fulfill the respon sibilities of an adjuster.
(b) In addition to other applicable provisions of this chapter, an applicant for a pub lic adjuster's license must have previously filed a bond as required by rule or regulation of the Commissioner.
33-23-7. In addition to other applicable provisions of this chapter, an applicant for a counselor's license must have previously filed a bond as required by rule or regulation by the Commissioner.
33-23-8. (a) An applicant for any license required by this chapter shall file with the Commissioner a written application upon forms prescribed by the Commissioner. The application shall be signed and verified by the oath of the applicant. As a part of or in connection with such application, the applicant shall state the kinds of insurance pro posed to be transacted and furnish information concerning the applicant's identity, per sonal history, experience, business history, purposes, and any other pertinent facts which the Commissioner may by rule or regulation require.
(b) If the application is for an agent's license, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by written appoint ment of the applicant as agent by an authorized insurer subject to issuance of the license.
(c) If the application is for a subagent's certificate of authority, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by a written appointment of the applicant as subagent by an agent subject to issuance of the certificate of authority.
(d) The application shall also show whether the applicant was ever previously licensed to transact any kind of insurance in this state or elsewhere; whether any license was ever refused, surrendered, suspended, restricted, or revoked; whether any insurer, general agent, agent, or other person claims the applicant is indebted to it and, if so, the details of the indebtedness; whether the applicant ever had an agency contract can celed and the facts of the cancellation; whether the applicant has had a certificate of authority terminated by an insurer or agent and the facts of the termination; whether the applicant will devote all or part of his or her efforts to acting as an insurance agent or subagent and, if part time only, how much time the applicant expects to devote to such work and in what other business or businesses he or she will be engaged; whether, if the applicant is a married person, the husband or wife has ever applied for or held
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a license to solicit insurance in any state and whether the license has been refused, sur rendered, suspended, restricted, or revoked; and such other information as the Commis sioner in his or her discretion may require.
(e) As to any application for an agent's or subagent's license or certificate of author ity, the Commissioner shall require as part of application a certificate of the insurer or agent proposed to be represented relative to the applicant's identity, residence, experi ence, or instruction as to the kinds of insurance to be transacted; and the certificate shall state the extent and nature of the investigation of the applicant's character and background conducted by the insurer or agent, the fact that the insurer or agent is satis fied that the applicant is trustworthy and qualified to act as its agent or subagent and to hold himself or herself out in good faith to the general public as an agent or subagent, and the fact that the insurer or agent desires that the applicant be licensed as an agent or subagent to represent it in this state.
(f) All such applications shall be accompanied by the appropriate fees in the respec tive amounts as provided by law.
33-23-9. The rules and regulations of the Commissioner shall designate textbooks,
manuals, and other materials to be studied by the applicant in preparation for examina tions in each classification designated by the Commissioner. The textbooks, manuals, or other materials may consist of matter available to applicants by purchase from the pub lisher or may consist of matter prepared at the direction of the Commissioner and dis
tributed to applicants upon request therefor and payment of reasonable costs. When textbooks, manuals, or other materials shall have been designated by or prepared at the direction of the Commissioner, all examination questions shall be prepared from the
contents of those textbooks, manuals, or other materials. 33-23-10. (a) Each individual applicant for a license as agent, subagent, counselor,
or adjuster shall submit to a personal examination in writing as to his competence to
act in such capacity. The examination shall be prepared and given by the Commissioner or a designee of the Commissioner and shall be given and graded in a fair and impartial manner and without unfair discrimination as between individuals examined. Any
required examination may be supplemented by an oral examination at the discretion of the Commissioner. The Commissioner shall provide by rule or regulation for a reason
able waiting period before giving a reexamination to an applicant who failed to pass a previous similar examination.
(b) The Commissioner shall by rule or regulation establish criteria and procedures for:
(1) The scope of any examination; and
(2) Exemptions, if any, to examinations. (c) An applicant for a license to act as an agent, subagent, counselor, or adjuster who
held a valid license to act as such which lapsed while the applicant was a member of any branch of the armed forces of the United States shall be granted a new license if
application is made within a period of five years from the date of the expiration of the old license and proof satisfactory to the Commissioner is furnished that:
(1) The person was a member of the armed forces of the United States at the time the previous license lapsed; and
(2) The person's service in the armed forces of the United States was not termi nated more than one year prior to the date of application for a new license.
33-23-11. (a) The Commissioner shall issue licenses applied for to persons qualified
for the licenses in accordance with this chapter. (b) The license shall state the name and address of the licensee, the date of issue,
the general conditions relative to expiration or termination, the kind or kinds of insur
ance covered, and the other conditions of licensing. 33-23-12. The Commissioner may provide by rule or regulation for licenses of agents
or subagents which are limited in scope to specific lines or sublines of insurance as
defined in this title, and such limited license may be issued without requiring the appli cant to hold an agent's license.
33-23-13. (a) In the event of the death of an agent or subagent, including a tempo
rary agent or subagent, or the inability to act as an agent or subagent by reason of ser vice in the armed services of the United States, illness or other disability, or termination
WEDNESDAY, MARCH 25, 1992
3777
of appointment by the insurer, if there is no other individual connected with the agency who is licensed as an agent or subagent in regard to insurance of the classification trans acted by the agent or subagent deceased or unable to act, the Commissioner may issue a temporary license as agent or subagent in regard to insurance of such classification to an employee of the agency, to a member of the family of said former agent or subagent, or to some associate or to a guardian, receiver, executor, or administrator for the pur pose of continuing or winding up the business affairs of the agent, subagent, or agency. A temporary license shall be issued only to an applicant who has filed a sworn applica tion upon forms prescribed by the Commissioner. The applicant shall not be required to meet the requirements as to examination, residence, and education required for licensing of agents or subagents other than temporary agents. If the Commissioner deems the applicant to be qualified for a temporary license, the Commissioner shall issue the license.
(b) A temporary license may be issued to a person at the request of an insurer for the purposes of training such person to act as an agent; provided, however, such person must perform his or her duties under the supervision of a person licensed under this article. The Commissioner may prescribe by rule or regulations such further restrictions on such temporary licenses as may be necessary for the protection of the public.
(c) A license issued pursuant to this Code section shall be effective for six months, renewable from time to time for renewal periods of three months in the discretion of the Commissioner; but in no event shall such renewal or any other temporary license of renewal with reference to the same matter extend to a time more than 15 months after the date of the first issuance of a temporary license in such matter.
(d) A temporary license issued pursuant to subsection (a) of this Code section shall authorize the negotiation of renewal policies, the receipt and collection of premiums, and such other acts as are necessary to the continuance of the particular insurance business of the agent or subagent. The license shall not authorize the holder thereof to solicit, negotiate, or procure new insurance accounts.
33-23-14. (a) The Commissioner shall have the authority to issue a probationary license to any applicant under this chapter.
(b) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing.
(c) The Commissioner, at his or her discretion, shall prescribe the terms of proba tion, may extend the probationary period, or refuse to grant a license at the end of any probationary period.
33-23-15. The Commissioner may issue two or more licenses to one individual pro vided the individual meets all qualifications and conditions for each such license.
33-23-16. An individual residing in another state and licensed in that state as an agent, broker, counselor, or adjuster may be licensed by the Commissioner as a nonresi dent agent, broker, counselor, or adjuster under the following circumstances and in the following manner:
(1) Upon written application certifying that the applicant will not negotiate or effect a contract of insurance on property or a risk having situs in this state with any insurer not qualified to do business in this state and upon payment of the required license fee and without requiring a written examination, the Commissioner shall issue a license to an individual to act as nonresident agent, broker, counselor, or adjuster, if, by the laws of the state of the applicant's residence, residents of this state may be licensed in the same manner as nonresident agents, subagents, counselors, or adjusters of such state. The license by the Commissioner shall be of a classification provided in this Code section and for which the applicant has been licensed in the other state;
(2) The required license fee for such license shall be as provided by law; and
(3) No license, however, shall be issued to a nonresident who maintains an office as an insurance agent, subagent, counselor, or adjuster in this state or who is a mem ber or an employee of a firm or association or is an officer, director, stockholder, or employee of a corporation which maintains an office as an insurance agency or adjust ing firm in this state. No license shall be issued to any individual who does not hold
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an agent's, broker's, counselor's, or adjuster's license issued by the state of his or her residence. 33-23-17. A natural person not a resident of this state may be registered to represent an authorized life insurer domiciled in this state, provided such person only represents the insurer exclusively at a United States military installation located in a foreign coun try. The Commissioner may, upon request of the insurer on application forms prescribed by the department and upon payment of an annual registration fee of $25.00, issue a certificate of registration to the person. An official of the insurer shall certify to the Commissioner that the applicant has the necessary training to hold himself or herself out as a foreign life or accident and sickness insurance representative; and the official of the insurer shall further certify on behalf of his or her insurer that it is willing to be bound by the acts of such applicant within the scope of his or her employment. Such certificate shall expire as of December 31 succeeding the date of its issuance unless it is terminated at an earlier time in accordance with this chapter and Chapter 2 of this title. 33-23-18. (a) All licenses except temporary or probationary licenses shall be issued on a continuous basis. (b) A license may be continued upon receipt by the Commissioner of evidence of such continuing education as the Commissioner may establish by rule or regulation and payment of such fees as are provided by law. (c) Filings for continuation of the license on forms prescribed by rule or regulation must be made prior to the first December 31 following the initial issuance of the license and every December 31 thereafter.
(d) Continuing education requirements imposed by the Commissioner pursuant to this Code section shall not exceed 15 classroom hours for each licensed person during the calendar year.
(e) The Commissioner may provide, by rule or regulation, for any exemption to or reduction in continuing education required under this Code section.
(f) Every person required to participate in a continuing education program pursuant to this Code section shall furnish or such person's insurer shall furnish the Commis sioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements.
(g) The Commissioner by rule may establish staggered deadlines for the filing of con tinuing license applications together with appropriate fees.
33-23-19. (a) An agent's license shall be placed on inactive status when the agent no longer has on file with the Commissioner a certificate of authority to represent at least one insurer licensed to do business in this state.
(b) A subagent's license shall be placed on inactive status when the subagent no longer has on file with the Commissioner a certificate of authority to represent at least one agent licensed to do business in this state.
(c) When a license placed on inactive status under this Code section has been in such status for two consecutive years without a certificate of authority having been filed with and accepted by the Commissioner, such license shall be revoked.
(d) During the time a license is in inactive status under the provisions of this Code section, the licensee still shall be required to provide evidence of compliance with the continuing education requirements of Code Section 33-23-18.
33-23-20. (a) The suspension of the license of an agent or subagent or the placing of such license in inactive status shall not deprive such person or the executors or administrators of such person's estate of any right that may have been acquired by a contract made before such suspension or placement in inactive status to receive all or a portion of commissions upon contracts of insurance written before such suspension or placement in inactive status with reference to the periods of time during which such contracts are in effect, including renewal option periods provided in the contracts.
(b) In case of a sale of an agency upon a work-out basis, the vendor without main taining his or her license or the executors and administrators of the vendor's estate may participate in the proceeds of premiums on insurance written by the purchaser of the agency when and as authorized to do so by the contract of sale of the agency; and this
WEDNESDAY, MARCH 25, 1992
3779
participation may be without limitation of time after the vendor ceased to hold a license. An agent whose license has been suspended or placed in inactive status may, if autho rized by the insurer, countersign certificates and endorsements necessary to continue coverage to the expiration date, including renewal option periods.
(c) Nothing in this article shall be construed to permit an agent or subagent whose license has been suspended or placed in inactive status to solicit insurance, procure applications for insurance, or directly or indirectly make or cause to be made any con tract for insurance other than as expressly permitted in subsections (a) and (b) of this Code section.
33-23-21. A license, other than a probationary license, may be refused or a license duly issued may be suspended or revoked by the Commissioner if the Commissioner finds that the applicant for or holder of the license:
(1) Has violated any provision of this title or of any other law of this state relating to insurance;
(2) Has intentionally misrepresented or concealed any material fact in any applica tion for a license or on any form filed with the Commissioner;
(3) Has obtained or attempted to obtain the license by misrepresentation, conceal ment, or other fraud;
(4) Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer, insured, agent, applicant, or a beneficiary;
(5) Has committed fraudulent or dishonest practices;
(6) Has materially misrepresented the terms and conditions of an insurance policy or contract;
(7) Has failed to pass an examination pursuant to this article, or cheated on any examination required for a license;
(8) Has failed to comply with or has violated any proper order, rule, or regulation, issued by the Commissioner, including any order issued by the Commissioner or his designated representative during the course of any administrative hearing proceeding;
(9) Is not in good faith carrying on business as an agent or subagent, but, on the contrary, is holding such license for the purpose of securing rebates or commissions or controlled business;
(10) Is not in good faith carrying on business as a licensee under this chapter;
(11) Has shown lack of trustworthiness or lack of competence to act as an licensee under this chapter;
(12) Has knowingly participated in the writing or issuance of substantial overinsurance of any property insurance risk;
(13) Has failed or refused, upon written demand, to pay over to any insurer, agent, applicant, beneficiary, or insured any moneys which belong to such insurer, agent, applicant, beneficiary, or insured;
(14) Has failed to comply with Code Section 33-2-12 or 33-2-13 or has refused to appear or to produce records in response to a written demand by the Commissioner sent by registered or certified mail to the last known address of the licensee as shown in the records of the Commissioner;
(15) Has been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (15) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this par agraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(16) Has been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere.
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The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be con clusive evidence of arrest and sentencing for such crime;
(17) Has had a license to practice a business or profession licensed under the laws of this state or any other state, territory, country, or the United States revoked, sus pended, or annulled by any lawful licensing authority other than the Commissioner; had other disciplinary action taken against him or her by any such lawful licensing authority other than the Commissioner; was denied or refused a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary pro ceedings; or was refused the renewal of a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings; or
(17) Has failed to notify the Commissioner within 60 days of any event referred to in paragraph (14), (15), or (16) of this Code section. 33-23-22. (a) Any license, other than a probationary license, may be suspended or revoked as provided by Code Section 33-23-21, and the Commissioner shall give notice of such action to the applicant for or holder of the license and any insurer or agent whom the applicant or licensee represents or who desires that the applicant or licensee be licensed. The procedure for conduct of hearings set forth in Chapter 2 of this title shall be followed.
(b) Appeal from any order or decision of the Commissioner made pursuant to this chapter shall be taken as provided in Chapter 2 of this title.
33-23-23. (a) No licensee or applicant whose license or application has been refused or revoked as provided by Code Sections 33-23-21 and 33-23-22 shall be entitled to file another application for a license as an agent, subagent, counselor, or adjuster within five years from the effective date of the refusal, revocation, or, if judicial review of such refusal or revocation is sought, within five years from the date of the final court order or decree affirming such refusal or revocation.
(b) The application when filed may be refused by the Commissioner unless the applicant shows good cause why the refusal or revocation of the license shall not be deemed a bar to the issuance of a new license.
(c) By law, any surrender of a license under written consent order shall have the same effect as a revocation under subsections (a) and (b) of this Code section.
33-23-24. The permits of service representatives and licenses of licensees under this article shall not be transferable.
33-23-25. Every licensed agent, subagent, counselor, and adjuster shall have and maintain in this state or, if a nonresident agent or broker, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of business shall appear on all licenses of the licensee and the licensee shall promptly notify the Commissioner in writing within 30 days of any change in the busi ness address.
33-23-26. (a) Each insurer authorized to transact insurance in this state shall obtain an agent's certificate of authority for each agent representing such insurer in the solici tation of, negotiation for, procurement of, or making of contracts of insurance in this
state. (b) All agent's certificates of authority shall be renewed by the insurer on or before
January 1 of each year. (c) The fee for each agent's certificate of authority or renewal or duplicate thereof
shall be as provided by law. (d) (1) On or before January 1 of each year every insurer shall file with the Com missioner in such form and manner as the Commissioner may prescribe a certified list
ing of all of its agents whose certificates of authority are to be renewed for the coming year and shall remit payment to the Commissioner for the appropriate fees.
(2) Each insurer shall also be required to maintain and update periodically its list ing of authorized agents filed with the Commissioner in such form and manner as may
be prescribed by the Commissioner.
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3781
(e) If an agent's certificate of authority is terminated, the insurer promptly shall give written notice of said termination and the effective date of the termination to the Com missioner and to the agent where reasonably possible. The Commissioner may also require the insurer to demonstrate to the satisfaction of the Commissioner that the insurer has made a reasonable effort to give notice to the agent.
(f) All notices of termination shall be filed with the Commissioner in such form and manner as the Commissioner shall prescribe by rule or regulation.
33-23-27. (a) Each agent licensed in this state shall obtain a certificate of authority for each subagent representing such agent in this state.
(b) Each subagent's certificate of authority shall be renewed by the agent not more than once every three years in such form and manner as specified by the Commissioner by rule or regulation.
(c) Each agent shall also be required to inform the Commissioner of any termination of or change to any certificate of authority for each subagent in such form and manner as may be prescribed by the Commissioner by rule or regulation.
(d) The fee for each subagent's certificate of authority or renewal or duplicate thereof shall be as provided by law.
(e) The subagent's certificate shall be held by the agent and shall be returned to the Commissioner upon termination of the subagent's authority along with an explanation of the reason for such termination in such form and manner as the Commissioner may specify by rule or regulation.
33-23-28. (a) A subagent's certificate of authority shall not cover any kind of insur ance for which the agent is not then licensed.
(b) A subagent shall not have power to bind an insurer or to countersign policies. (c) All business transacted by a subagent under such subagent's license shall be in the name of the agent by whom the subagent is employedj, and the agent shall be responsible for all the acts or omissions of the subagent within the scope of his or her employment. (d) A record of each transaction on a form prescribed by the Commissioner shall be maintained by both the agent and the subagent. 33-23-29. (a) On behalf of and as authorized by an insurer for which he or she is licensed as agent, an agent may from time to time act as an adjuster and investigate and report upon claims without being required to be licensed as an adjuster. (b) No license by this state shall be required:
(1) Of a nonresident independent adjuster for the adjustment in this state of a sin gle loss or of losses arising out of a catastrophe common to all such losses; or
(2) Of a nonresident adjuster who regularly adjusts in another state and who is licensed in such other state, if such state requires a license, to act as adjuster in this state for emergency insurance adjustment work for a period not exceeding 60 days and performed for an employer who is an insurance adjuster licensed by this state or who is a regular employer of one or more insurance adjusters licensed by this state, pro vided that the employer shall furnish to the Commissioner a notice in writing immedi ately upon the beginning of the emergency insurance adjustment work.
(c) An individual residing in another state and licensed in that state as an adjuster may be licensed by the Commissioner as a nonresident adjuster under the following cir cumstances and in the following manner:
(1) Upon written application and payment of the required license fee and without requiring a written examination, the Commissioner shall issue a license to an individ ual to act as a nonresident adjuster if, by the laws of the state of the individual's resi dence, residents of this state may be licensed in such manner as nonresident adjusters of such state; and
(2) The required fee for the license shall be the fee provided by law or the sum which is charged as a license fee for nonresident adjusters by the state of the appli cant's residence, whichever is greater.
(d) The Commissioner is, authorized to enter into reciprocal agreements with the appropriate official of any other jurisdiction for the purpose of implementing this Code section.
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33-23-30. An agent shall not sign or countersign in blank any policy to be issued out side of such agent's office nor countersign in blank any endorsement of any policy to be issued outside of such agent's office. An agent shall not give power of attorney to or otherwise authorize anyone to sign or countersign the agent's name to policies unless the person so authorized is directly employed by the agent and no other person, and the person has no office files, equipment, or address in regard to the insurance business other than those in the office of the agent. Nothing in this Code section shall prohibit an agent from authorizing an insurer represented by such agent to reproduce mechani cally or electronically such agent's signature on policies, certificates, endorsements, rid ers, or other insurance contract documents.
33-23-31. (a) A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable prop erty which is actually in this state or is principally used or kept in this state or on per sons resident in this state.
(b) All insurance contracts on risks or property or persons located or having a situs in this state shall bear the countersignature of an agent who resides in this state and is licensed pursuant to this article, except:
(1) Any contract of insurance covering the rolling stock of any railroad, covering any vessel, aircraft, or motor vehicle used in interstate or foreign commerce or cover ing any liability or other risks incident to the ownership, maintenance, or operation thereof;
(2) Any contract of property insurance upon property of railroad companies and other common carriers;
(3) Any contract of insurance covering any property in transit while in the custody of any common carrier or any liability or risk incident to the carrier;
(4) Any contract of reinsurance between insurers;
(5) Any contract of life or accident and sickness insurance; or
(6) Bid bonds issued by any surety insurer in connection with any public or pri vate building or construction project.
(c) A nonresident who is the holder of a nonresident agent's license from this state shall not directly or indirectly solicit, negotiate, or effect insurance contracts in this state unless accompanied by a countersigning agent licensed pursuant to this chapter.
(d) Each nonresident agent by obtaining a license in this state or by doing business in this state shall be deemed to have consented that any notice provided in this chapter and any summons, notice, or process in connection with any action or proceeding in any state or federal court in this state, which notice, summons, or process grows out of or is based upon any business or acts done or omitted to be done in this state, may be sufficiently served upon such nonresident agent by serving the same upon the Commis sioner. Service shall be made by leaving a copy of the notice, summons, or process with a fee in the hands of the Commissioner. The fee for such service shall be as provided by law. Such service shall be sufficient service upon the nonresident agent, provided that notice of the service and a copy of the notice, summons, or process shall be immediately sent by registered or certified mail by the plaintiff or by the Commissioner to the resi dence of the nonresident agent addressed to the agent. The nonresident agent's return receipt and the affidavit of compliance with the notice, summons, or process made by the plaintiff or the plaintiffs attorney or by the Commissioner shall be appended to the notice, summons, or process and filed with the case in the court where it is pending or filed with the Commissioner if in regard to a proceeding provided under this chapter. Venue of such an action shall be in the county of the residence of a plaintiff in the action, if the plaintiff resides in this state; otherwise venue shall be in Fulton County. The place of residence of a licensed nonresident agent placed on file by him with the Commissioner shall be deemed to be his place of residence until the agent places on file with the Commissioner a written notice stating another place of residence. As used in this subsection, the term 'process' shall include a petition attached thereto.
33-23-32. Except as provided in subsection (b) of Code Section 33-23-31, all insur ance contracts on risks or property located or having a situs in this state must be coun tersigned by a resident agent duly licensed in accordance with this chapter; and, if a
WEDNESDAY, MARCH 25, 1992
3783
licensed nonresident agent participates in the effectuation of such contract, the resident agent shall be entitled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the commis sion. Nothing contained in this Code section shall be construed to require a company to make additional compensation in the way of commissions or otherwise to a person
who is paid on a salary basis. 33-23-33. (a) Every licensee under this chapter shall keep the Commissioner
advised of: the office address of the licensee; the residence address of the licensee; the name and address of each insurer that the licensee represents directly or indirectly; the name and address of each agency of which the licensee is proprietor, partner, officer, director, or employee or which the licensee represents; every trade name of such agency; and the names of all partners and members of any firm or association and the corporate name of any corporation owning or operating the agency. The information shall be
transmitted in writing by the licensee to the Commissioner. (b) Any change in the information required by subsection (a) of this Code section
shall be transmitted in writing to the Commissioner within 30 days of such change. The Commissioner shall prescribe by rule or regulation the form and manner by which such information will be transmitted.
33-23-34. (a) Every licensee under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include:
(1) In the case of an agent or subagent, a record of each insurance contract pro cured, issued, or countersigned together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from who business is accepted and of persons to whom commissions or allowances of any kind are promised or paid;
(2) In the case of an adjuster, a record of each investigation or adjustment under taken or consummated and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of the investigation or adjust ment; and
(3) Such other and additional information as may be customary or as may be rea sonably required by the Commissioner.
(b) All records as to any particular transaction shall be kept for a term of five years beginning immediately after the completion of the transaction or the term of the con tract, whichever is greater, provided that records of losses adjusted by an independent adjuster may be kept at the office of the insurer for whom the adjuster acted.
33-23-35. (a) An agent, subagent, or any other representative of an insurer or of any other person in the effectuation of an insurance contract shall report to the insurer or its agent the premium for the contract and the amount shall be shown in the contract. Each willful violation of this subsection shall constitute a misdemeanor.
(b) All funds representing premiums received or return premiums due the insured by any agent or subagent shall be accounted for in the licensee's fiduciary capacity, shall not be commingled with the licensee's personal funds, and shall be promptly accounted for and paid to the insurer, insured, or agent as entitled to such funds. Nothing con tained in this Code section shall be deemed to require any agent or subagent to main tain a separate bank deposit for the funds of each principal, if the funds so held for each principal are reasonably ascertainable from the books of accounts and records of the agent or subagent.
(c) Any violation of this Code section shall constitute grounds or cause for action by the Commissioner, including, but not limited to, probation, suspension, or revocation of the license. Each and every act by a licensee shall also constitute grounds for fines and penalties, which amounts shall be set by rule or regulation of the Commissioner. Any willful violation of this Code section shall constitute a misdemeanor unless such amounts involved exceed $500.00, whereby such violation shall constitute a felony.
33-23-36. The Commissioner may upon his own motion and shall upon a written complaint signed by a citizen of this state and filed with the Commissioner inquire into
3784
JOURNAL OF THE HOUSE,
any alleged illegal or improper conduct of any licensee or inquire into the question of whether a licensee is untrustworthy or not competent or not qualified to act as a licensee under this chapter. No finding or decision adverse to any person in regard to whom the inquiry is conducted shall be made by the Commissioner until after notice and hearing as provided in Chapter 2 of this title.
33-23-37. Nothing in this chapter shall prevent the placing of surplus lines of insur ance when authorized and permitted under this title.
33-23-38. (a) No agent or subagent shall place any insurance or receive any remu neration in regard to any insurance of a classification outside the scope of such agent's or subagent's license, nor shall the agent or subagent share a commission except with an agent licensed pursuant to this article; with an agency that has as its proprietor or as a partner in the agency or as an officer or employee of the agency one or more agents licensed in regard to insurance that is within the scope of his or her agency; or with an agent or agency having a residence or situs in another state and a license from such other state for the transaction of insurance in that state.
(b) Except as otherwise provided in this title, no person shall solicit or be instrumen tal in placing insurance upon any risk having a situs in this state except with an insurer admitted to do insurance business in this state.
(c) A violation of this Code section shall authorize, among other penalties, the revo cation of the violator's license as an agent or subagent.
33-23-39. No insurer shall issue, make, write, place, or cause to be made, written, placed, or issued any contract of insurance, indemnity, or suretyship covering risks or property located or having a situs in this state or covering any liability created by or arising under the laws of this state, except through an agent or agents licensed pursuant to this article, except that bid bonds issued by any surety insurer in connection with any public or private building or construction project may be issued without regard to this Code section.
33-23-40. Any contract of insurance issued or countersigned by a person prohibited by this chapter from so issuing or countersigning it shall not be rendered unenforceable by reason of the violation of this chapter; but all persons knowingly participating in the violation shall be guilty of a misdemeanor.
33-23-41. (a) Any person who in this state acts, purports to act, or holds himself or herself out as an agent, subagent, counselor, or adjuster or as an employee of an agent, subagent, counselor, or adjuster of or for an insurer that has not obtained from the Commissioner a certificate of authority then in effect to do business in this state as required by this title or who has not obtained a certificate of authority as required by this article and any person who in this state collects or forwards any premium or por tion of the premium for or to the insurer shall pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by the insurance companies legally doing business in this state. It is the Commissioner's duty to report violators of this Code section to the district attorney for the county in which the violations occurred. Violators of this Code section shall also be personally liable to the same extent as the insurer upon every contract of insurance made by the insurer with reference to a risk having a situs in this state, if the violator participated in the solicitation, negotiation, or making of the contract or in any endorsement to the contract, in any modification of the contract, or in the collection or forwarding of any premium or portion of the pre mium relating to such contract. This Code section shall have no application to a con tract of insurance entered into in accordance with Chapter 5 of this title.
(b) An applicant for a license locating to this state who currently holds a valid license in another state or territory of the United States may transact business in this state for the class or classes of insurance authorized by the current license provided that evidence verifying the validity of the license and good standing of the applicant certified by the insurance supervisory official of such state or territory is submitted with the application. The permission granted pursuant to this subsection shall be valid in this state for a period not to exceed 90 days.
33-23-42. Any person who performs any of the acts or things specified in this chapter for any insurance company or agent of said company without such company's having
WEDNESDAY, MARCH 25, 1992
3785
first received a certificate of authority from the Commissioner as required by law shall be punished as for a misdemeanor and shall also pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by insurance companies legally doing business in this state. It shall be the duty of the Commissioner to report any vio lation of this Code section to the district attorney or prosecuting attorney of the circuit or county which has jurisdiction.
33-23-43. The Commissioner may establish rules and regulations with respect to: (1) The classification of applicants according to the kinds of insurance to be
effected by them if licensed; (2) The scope, type, and conduct of written examinations to be given pursuant to
this chapter and the times and places within this state for holding the examinations; (3) Classification and scope of authority of any license authorized under this chap
ter; and (4) Any other purpose required or necessary for the implementation or enforce
ment of this chapter. 33-23-44. This article shall apply only with respect to acts occurring on or after July 1, 1992; provided, however, that nothing in this Code section shall prevent the Commis sioner from implementing sanctions which were authorized by law with respect to acts occurring prior to July 1, 1992."
Section 2. Said chapter is further amended by redesignating Article 3 thereof as Article 2.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Milam of the 81st moves to amend the Committee substitute to SB 747 as follows:
On page 20 line 8 after the word person and before the word during on line 9 add the following:
"who has held a license for less than 20 years" during the calendar year for those per sons who have held a license for 20 years or more the requirement shall be no more than 10 classroom hours during the calendar year.
The following amendment was read:
Representative Dunn of the 73rd moves to amend the Committee substitute to SB 747 by adding on line 12 of page 20 after the word "section" and before the period the follow ing:
"; provided, however, that any licensee under this chapter who is also a member of a standing committee of the Senate or the House of Representatives to which insurance legislation is assigned may use such service to satisfy the continuing education require ments of this Code section".
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken
Alford
N Ashe Y Atkins
Baker
Balkcom
N Barfoot N Bargeron N Barnett.B
Barnett,M
Bates N Beatty N Benefield
Y Birdsong
N Blitch N Bordeaux
Bostick N Branch
Y Breedlove N Brooks Y Brown
N Brush
N Buck N Buckner N Byrd Y Campbell
Canty Y Carrell N Carter
N Cauthorn
N Chafin Chambless
Y Cheeks Y Childers
N Clark.E Clark.L
Y Coker
N Coleman
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JOURNAL OF THE HOUSE,
N Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis,G Y Davis.M
Y Dixon.H Dixon.S
N Dobbs Y Dover
Y Dunn Y Edwards N Elliott N Felton
Fennel
Floyd.J.M Floyd.J.W
Y Flynt
N Godbee Y Golden N Goodwin E Green
Greene
Y Griffin Y Groover N Hamilton
Y Hammond Manner
N Harris.B Y Harris,J
Y Heard
Henson
Y Herbert
Holland Holmes Y Howard N Hudson N Irwin Y Jackson
N Jamieson Jenkins
Y Jones
N Kilgore N King
Kingston N Klein NLadd N Lane.D N Lane.R Y Langford Y Lawrence Y Lawson N Lee YLong
NLord Y Lucas YMann
Martin
N McBee N McCoy Y McKelvey
McKinney.B McKinney.C N Meadows Y Merritt Milam Y Mills Y Mobley
N Moody N Morsberger
Moultrie
N Mueller Y Oliver.C
Oliver.M YOrr
Orrock N Padgett N Parham N Parrish
Patten Y Pelote
Y Perry
Y Pettit N Pinholster
Pinkston YPoag
Porter Y Poston N Powell,A Y Powell.C N Presley N Purcell
Randall NRay N Reaves
Redding Ricketson
N Royal N Selman N Sherrill N Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P N Smith.T N Smith.W Y Smyre YSnow N Stancil.F
N Stancil.S Y Stanley Y Streat Y Taylor N Teper
Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus
N Tolbert Townsend
Turnquest Twiggs N Valenti
N Vaughan N Walker.J Y Walker.L N Wall N Watson
Watts N White N Wilder N Williams.B
Williams ,J Williams ,R N Yeargin Murphy,Spkr
On the adoption of the amendment, the ayes were 63, nays 72. The amendment was lost.
The Committee substitute, as amended, was adopted.
Representative Kingston of the 125th asked to be excused from voting pursuant to House Rule 134 on the Dunn amendment to SB 747.
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 Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell
Y Canty
Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless N Cheeks
Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings.B Cummings.M Y Davis.D Davis.G Y Davis.M Y Dixon.H Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Y Fennel Floyd,J.M
Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin
Y Groover
Y Hamilton
Y Hammond Hanner
Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert
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 YMann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C N 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 N 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 Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
WEDNESDAY, MARCH 25, 1992
3787
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 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 Watson
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 152, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
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.
SB 563. By Senators Newbill of the 56th and Clay of the 37th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms and weapons, so as to change certain crimes relating to carrying to or while at school buildings or grounds or school functions certain weapons or explo sive compounds and provide penalties therefor; to define a certain term; to provide exceptions.
The following Committee substitute was read:
A BILL
To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms and weapons, so as to change certain crimes relating to carrying to or while at school buildings or grounds or school functions certain weapons or explosive compounds and provide penalties therefor; to make it unlawful for any person to carry to or to possess or to have under such person's control while at a school building, school function, or school property or on a bus or other trans portation furnished by the school certain weapons or explosive compounds; to define a cer tain term; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Geor gia Annotated, relating to carrying and possession of firearms and weapons, is amended by striking Code Section 16-11-127, relating to carrying weapons to public gatherings, and inserting in place thereof a new Code section to read as follows:
"16-11-127. (a) A Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he carries to or while at a public gathering any explosive com pound, firearm, or knife designed for the purpose of offense and defense.
(b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, schools er school functions, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises.
(c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors, and district attorneys may carry pistols in publicly owned or operated buildings."
Section 2. Said part is further amended by adding immediately following Code Sec tion 16-11-127 a new Code section to read as follows:
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JOURNAL OF THE HOUSE,
"16-11-127.1. (a) It shall be unlawful for any person to carry to or to possess or have under such person's control while at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chap ter 10 of Title 25. Any person who violates this subsection shall, upon conviction thereof, be punished by a fine of not more than $5,000.00, by imprisonment for not less than one nor more than five years, or by both.
(b) For the purposes of this Code section, the term 'weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of three or more inches, straight-edge razor, spring stick, metal knucks, blackjack, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at
least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind.
(c) The provisions of this Code section shall not apply to: (1) Competitors while participating in organized sport shooting events; (2) Persons participating in military training programs conducted by or on behalf
of the armed forces of the United States or the Georgia Department of Defense; (3) The following persons, when acting in the performance of their official duties
or when en route to or from their official duties:
(A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government;
(C) A prosecuting attorney of this state or of the United States; (D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is
authorized by the head of such correctional agency or facility to carry a firearm; and (E) A person employed as a campus police officer or school security officer who
is authorized to carry a weapon in accordance with Chapter 8 of Title 20; (4) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being con
ducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the
weapon or weapons which have been authorized and the time period during which the authorization is valid;
(5) A person who is licensed in accordance with Code Section 16-11-129 or issued
a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other
transportation furnished by the school; (6) A weapon which is in a locked container in or a locked firearms rack which is
on a motor vehicle which is used to bring to or pick up a student at a school building,
school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being con ducted on school property which has been authorized by a duly authorized official of
the school; (7) Persons employed in fulfilling defense contracts with the government of the
United States or agencies thereof when possession of the weapon is necessary for man
ufacture, transport, installation, and testing under the requirements of such contract; (8) Those employees of the State Board of Pardons and Paroles when specifically
designated and authorized in writing by the members of the State Board of Pardons
and Paroles to carry a weapon; (9) The Attorney General and those members of his staff whom he specifically
authorizes in writing to carry a weapon; (10) Probation supervisors employed by and under the authority of the Department
of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director
of Division of Probation;
WEDNESDAY, MARCH 25, 1992
3789
(11) Public safety directors of municipal corporations; and (12) Trial judges."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Lane of the lllth and Walker of the 113th move to amend the Com mittee substitute to SB 563 as follows:
Add a new Section 3 on page 5, line 18 to read as follows:
All schools shall post in public view the provisions as contained in Section 16-11-127.1 (a) and (b).
And renumber Section 3 accordingly to read 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 Y Ashe Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Y 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 Y Carrell Y Carter Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
Y Coker N Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M
Y Davis.D Davis,G
Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs N 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
E Green Greene
N Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert 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 YMann
Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam
Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill N Simpson 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 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 Y Wall 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, by substitute, as amended, the ayes were 146, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
3790
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 2113 Do Pass, by Substitute
Respectfully submitted, /a/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 1094.
By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act to create and establish a civil service system in Hall County for employees of Hall County, so as to change the employees covered under such system.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 1577.
By Representatives Lawrence of the 49th, Alford of the 57th, Redding of the 50th, Valenti of the 52nd, Oliver of the 53rd and others:
A bill to amend an Act revising, superseding, and consolidating the laws per taining to the governing authority of DeKalb County and creating a chair man and board of commissioners of roads and revenues for DeKalb County, so as to provide for the new reapportioned districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4235), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4325), so as to reapportion existing commissioner districts; to provide that com missioners formerly elected by the county at large shall be elected from commissioner dis tricts; to provide for definitions and insertions; to provide that members serving on the board on the effective date of this Act shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for sub mission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a referendum relating to certain provisions of this Act; to provide for a special primary, run off election, and election; to repeal conflicting laws; and for other purposes.
WEDNESDAY, MARCH 25, 1992
3791
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4235), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4325), is amended by striking Sections 2 and 3 in their entirety and inserting new sections to read as follows:
"Section 2. The Commission, (a) The commission shall consist of seven members. (b) For the purposes of electing members to represent Commissioner Districts 1 through 5, DeKalb County shall be divided into five commissioner districts as follows:
Commissioner District: 1
DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0037 DUNWOODY VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0053 HENDERSON MILL VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0069 LAVISTA AND LIVSEY VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0093 NORTHWOODS VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: OOAD PLEASANTDALE VTD: OOAW SHALLOWFORD VTD: OOAX SILVER HILL (Part) Tract: 0219.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 201C, 206B, 208B, 209B, 21 IB, 213B, 214B, 215B, 247, 325C, 325D, 328B, 335, 336B, 337B, 341B, 344, 348 VTD: OOAY SILVER LAKE VTD: OOBB SMOKE RISE VTD: OOBP TUCKER VTD: OOBQ VANDERLYN VTD: OOBR VERMACK VTD: OOBU WARREN
Commissioner District: 2
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD
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JOURNAL OF THE HOUSE,
VTD: 0014 CALLANWOLDE VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0052 HAWTHORNE VTD: 0054 HERITAGE VTD: 0061 JOHNSON ESTATES VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0092 NORTHLAKE VTD: 0094 OAK GROVE VTD: OOAE PONCE DE LEON VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOBA SKYLAND VTD: OOBD SOUTH DECATUR VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA
Commissioner District: 3
DEKALB COUNTY VTD: 0013 BROCKETT VTD: 0016 CANDLER VTD: 0027 CLIFTON VTD: 0038 EAST LAKE VTD: 0039 EASTLAND VTD: 0046 FLAT SHOALS VTD: 0047 FORREST HILLS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0051 HAMBRICK VTD: 0055 HOOPER ALEXANDER VTD: 0058 IDLEWOOD VTD: 0063 KELLY LAKE VTD: 0065 KIRKWOOD VTD: 0066 KNOLLWOOD VTD: 0076 MCLENDON VTD: 0078 MEADOWVIEW VTD: 0087 MONTREAL VTD: 0088 MORELAND VTD: 0091 NORTH DECATUR VTD: OOAA PETERSON VTD: OOAK REHOBOTH VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY (Part)
WEDNESDAY, MARCH 25, 1992
3793
Tract: 0231.01 Block(s): 206, 207
Tract: 0235.01 Block(s): 201, 202, 203
VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
Commissioner District: 4
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0070 LITHONIA VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: OOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE VTD: OOAX SILVER HILL (Part) Tract: 0219.03 Block(s): 349B VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBH STONEVIEW
Commissioner District: 5
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0044 FAIRINGTON VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAB PHILLIPS
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VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAQ ROWLAND ROAD VTD: OOAT SALEM VTD: ODBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBL TONEY (Part)
Tract: 0235.02 Block(s): 303, 305, 306, 307, 308, 309, 310, 311A, 311B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410
VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL
(c) For the purposes of electing the remaining two members of the board, who were elected by the county at large under previously existing provisions of this Act, DeKalb County shall be divided into two commissioner districts as follows:
Commissioner District: 6
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0005 AUSTIN VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0026 CLARKSTON VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0036 DUNAIRE VTD: 0037 DUNWOODY VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0059 INDIAN CREEK
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VTD: 0060 INGLESIDE VTD: 0061 JOHNSON ESTATES VTD: 0062 JOLLY VTD: 0064 KINGSLEY VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: OOAC PINE LAKE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAV SCOTTDALE VTD: OOAW SHALLOWFORD VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBD SOUTH DECATUR VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBQ VANDERLYN VTD: OOBR VERMACK VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA
Commissioner District: 7
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0013 BROCKETT VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0038 EAST LAKE
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VTD: 0039 EASTLAND VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0056 HUGH HOWELL VTD: 0063 KELLY LAKE VTD: 0065 KIRKWOOD VTD: 0066 KNOLLWOOD VTD: 0069 LAVISTA AND LIVSEY VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS
VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX
VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0087 MONTREAL VTD: 0088 MORELAND
VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST
VTD: OOAA PETERSON VTD: OOAB PHILLIPS VTD: OOAD PLEASANTDALE
VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK
VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH
VTD: OOAL ROCKBRIDGE VTD: OOAN ROWLAND
VTD: OOAP ROWLAND HILLS VTD: OOAT SALEM VTD: OOAX SILVER HILL
VTD: OOBB SMOKE RISE VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL
VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY
VTD: OOBM TOOMER VTD: OOBN TOWERS
VTD: OOBP TUCKER VTD: OOBT WADSWORTH VTD: OOBU WARREN
VTD: OOBV WESLEY CHAPEL VTD: OOBY WHITEFOORD NORTH
VTD: OOCA WHITEFOORD SOUTH
(d) For purposes of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
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3797
(3) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(5) Any part of DeKalb County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of DeKalb County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(e) Each commissioner shall be a citizen of this state, at least 25 years of age, and shall have been a resident of the geographic area encompassed by the respective com missioner district for at least two years immediately prior to taking office. Each commis sioner shall be elected by a majority of the electors voting within the respective commissioner district. Except for displacement of their residences from their respective districts due to reapportionment of the districts, any commissioners who cease to be res idents of their respective commissioner districts during their terms of office shall thereby vacate their seats on the commission. All members of the commission shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended.
Section 3. Establishment of Commission. The commission created by Sections 1 and 2 of this Act shall become effective on January 1, 1993. The initial and subsequent members of said commission shall be as follows:
(1) Effective January 1, 1993, the commissioners representing Commissioner Dis tricts 2 and 3 shall be the former commissioners representing Commissioner Districts 2 and 3, who were elected at the general election of 1990 under previously existing provisions of this Act and any commissioner elected to fill a vacancy created by any of such commissioners. Said commissioners so elected shall complete the terms of office to which they were elected, which shall expire on December 31, 1994. Their suc cessors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(2) Candidates to represent Commissioner Districts 1, 4, and 5 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Commission ers to represent such commissioner districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of four years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(3) Effective January 1, 1993, the commissioner representing Commissioner Dis trict 7 shall be the person elected as the at-large commissioner at the general election of 1990 under previously existing provisions of this Act, or any commissioner elected to fill a vacancy created by said commissioner. Said commissioner so elected shall
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complete the term for which he or she was elected, which shall expire on December 31, 1994. The successor to said commissioner shall be elected at the general election of 1994 and shall take office on January 1, 1995, and until the successor is elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their suc cessors are elected and qualified.
(4) Candidates to represent Commissioner District 6 shall be nominated at a spe cial primary to be held on the third Tuesday in September, 1992. A commissioner to represent Commissioner District 6 shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for a term of four years and until a successor is elected and qualified and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their suc cessors are elected and qualified."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of DeKalb County to submit this Act to the United States Attorney General for approval. If, as of July 1, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before July 1, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of commissioner in the general primary; (2) notices of candidacy for the office of commis sioner in the general election; and (3) notices of intention of candidacy for the office of commissioner by write-in candidates. Only candidates who have been certified by a politi cal party as qualified for party nomination for the office of commissioner in the special primary shall be eligible to run in the special primary; only candidates nominated for the office of commissioner in the special primary, candidates who have filed notices of candi dacy for the office of commissioner in the special election, and write-in candidates for whom notice of intent of candidacy for the office of commissioner has been given shall be eligible to run in the special election for the office of commissioner.
Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as pro vided in this section for the purpose of submitting the provisions of this Act relating solely to Commissioner Districts 6 and 7 to the electors of DeKalb County for approval or rejec tion. Specifically, the provisions of this Act relating solely to Commissioner Districts 6 and 7 are subsection (c) of quoted Section 2 and paragraphs (3) and (4) of quoted Section 3. The election superintendent shall conduct that election on the general primary date in 1992 and shall issue the call therefor not less than 30 nor more than 60 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 DeKalb County. The ballot shall have written or printed thereon the words:
YES ( ) NO
Shall the provisions of the Act be approved which provides that the two commissioners formerly elected from DeKalb County at large shall be elected from commissioner districts, and provides that the commissioner at large currently in office shall complete the term of office for which elected?
All persons desiring to vote for approval of the specified provisions of the Act shall vote "Yes," and those persons desiring to vote for rejection of the specified provisions of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the specified provisions of the Act, such provisions shall become of full force and effect immediately, and subsection (c) of Section 4 of this Act shall be void and of no effect. If the specified provisions of the Act are not so approved or if the election is
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not conducted as provided in this section, subsections (a) and (c) of Section 4 of this Act shall become effective immediately, but the remaining sections of this Act shall be void and of no effect.
The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 4. (a) The election superintendent shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call therefor as provided by law. If necessary, a special primary run-off election shall be held as provided by law; the election superintendent shall conduct a special election on the date of the general election in November, 1992, after issuing the call therefor as provided by law.
(b) If the specified provisions of this Act are approved in the referendum held on the general primary date in July, 1992, the special primary shall nominate candidates for commissioners to represent Commissioner Districts 1, 4, 5, and 6 as such districts are described in this Act. Commissioners to represent such districts shall be elected at the spe cial election to be held on the date of the general election.
(c) If the specified provisions of this Act are not approved in the referendum held on the general primary date in July, 1992, the two remaining commissioners shall be elected by the county at large, notwithstanding the provisions of subsection (e) of quoted Section 2 of this Act. The person elected as the at-large commissioner at the general elec tion of 1990 under previously existing provisions of this Act, or any commissioner elected to fill a vacancy created by said commissioner shall complete the term for which he or she was elected, which shall expire on December 31, 1994. The successor to said commissioner shall be elected at the general election of 1994 and shall take office on January 1, 1995, and until the successor is elected and qualified. The special primary shall nominate candi dates for commissioners to represent Commissioner Districts 1, 4, and 5 as such districts are described in this Act and candidates to succeed the at-large commissioner elected in the general election of 1988 to represent the entire area of DeKalb County, as set out in the local law effective immediately prior to the adoption of this Act by the General Assem bly and the approval of this Act by the Governor. On the date of the general election in November, 1992, a special election shall be held to elect commissioners to represent Com missioner Districts 1, 4, and 5 as such districts are described in this Act and a commis sioner to succeed the at-large commissioner elected in the general election of 1988 to represent the entire area of DeKalb County, as set out in the local law effective immedi ately prior to the adoption of this Act by the General Assembly and the approval of this Act by the Governor. Thereafter, successors shall be elected at the general election imme diately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their successors are elected and qualified.
Section 5. (a) Subsection (a) of Section 4 of this Act and provisions reasonably nec essary to conduct the referendum election for approval of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Subsection (b) of Section 4 of this Act shall become effective only upon certifica tion to the Secretary of State that the specified provisions of this Act were approved in the referendum election; otherwise, it shall be void and of no effect. Except for subsection (c) of Section 4 and provisions of this Act subject to subsection (a) of this section, all other provisions of this Act shall become effective on January 1, 1993.
(c) Subsection (c) of Section 4 of this Act shall become effective only upon certifica tion to the Secretary of State that this Act was not approved in the referendum election; otherwise it shall be void and of no effect.
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 142, nays 2.
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The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 2002. By Representatives Holland of the 136th and Hudson of the 117th:
A bill to amend an Act to provide for the election of members of the board of education of Turner County, so as to provide new education districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, so as to provide new education districts; to provide for definitions and inclusions; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
"Section 1. (a) The board of education of Turner County shall consist of five mem bers to be elected in accordance with this Act. For the purpose of electing such mem bers, Turner County shall be divided into five education districts as follows:
Education District: 1
TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 293, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 312A, 313, 314, 315, 316, 317, 318, 319, 323, 324, 325, 331, 334, 335, 336, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 440, 444, 445
Education District: 2
TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 320, 321, 322, 326, 327, 328, 329, 330, 332, 333, 401, 402, 403, 404, 405, 422, 423, 424, 425, 426, 427, 428, 429, 430A, 430B, 431A, 431B, 432, 433, 434, 435, 436, 437, 438A, 438B, 439A, 439B, 529, 530, 531, 534, 535, 536, 537, 538, 539, 540, 541A, 541B
Education District: 3
TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 123A, 130A, 139A, 139B, 139C, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 157, 158, 159, 160, 161, 162, 163, 164, 231A, 231B, 232A, 232B, 233, 234, 235A, 235B, 252, 253, 254, 276, 292, 294, 295, 296, 297, 309B, 310, 311, 312B, 441, 442, 443 Tract: 9703. Block(s): 212 VTD: 0006 CLOVERDALE
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VTD: 0007 DAKOTA (Part) Tract: 9702. Block(s): 204, 205, 216, 217, 218, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230
VTD: 0008 HOBBY VTD: 0009 DAVIS
Education District: 4
TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 120, 121, 122, 123B, 123C, 128, 129, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 154, 155, 156, 165, 166, 501, 502, 503, 504, 505A, 505B, 506A, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 532, 533, 542, 543A, 543B, 544, 545A, 545B, 546A, 546B, 547, 548, 549 Tract: 9703. Block(s): 127 VTD: 0002 SYCAMORE (Part) Tract: 9703. Block(s): 107, 124, 125, 126 VTD: 0003 REBECCA VTD: 0004 CLEMENTS (Part) Tract: 9703. Block(s): 120, 121, 134, 135, 142, 143, 146 VTD: 0005 AMBOY VTD: 0007 DAKOTA (Part) Tract: 9702. Block(s): 119, 201, 202, 203, 219, 220
Education District: 5
TURNER COUNTY VTD: 0002 SYCAMORE (Part) Tract: 9703. Block(s): 128, 129, 130, 131, 162, 163, 164, 165, 166, 167A, 167B, 168, 169, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 193, 195, 196, 197, 201, 202, 203A, 203B, 204, 205A, 205B, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211, 216, 223, 224, 225, 226, 227, 228, 229A, 229B, 230A, 230B, 231A, 231B, 231C, 231D, 231E, 232A, 232B, 233, 234, 235, 236, 237A, 237B, 238, 239A, 239B, 240A, 240B, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261A, 261B, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269A, 269B, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280A, 280B, 281A, 281B, 282, 283A, 283B, 284A, 284B, 285, 286, 287, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 368, 369, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391 VTD: 0004 CLEMENTS (Part) Tract: 9703. Block(s): 132, 133, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 194, 301, 302, 303, 304,
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305, 306, 307, 308, 332, 333, 334, 335, 336, 337, 338, 339, 340, 392, 393, 394, 395, 396, 397
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Turner County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(5) Any part of Turner County which is described in this section as being included in a particular education district shall nevertheless not be included within such educa tion district if such part is not contiguous to such education district. Such noncontigu ous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia."
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 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 2003.
By Representative Holland of the 136th:
A bill to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, so as to provide new commissioner districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3715), so as to provide new commissioner districts; to provide definitions and insertions; to provide residency require ments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3715), is amended by strik ing in its entirety Section 2 and inserting in lieu thereof the following:
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3803
"Section 2. (a) For purposes of electing the chairman and members of the board of commissioners of Worth County, there shall be five commissioner districts to be desig nated Commissioner Districts 1 through 5, and one commissioner shall be elected from each district. Commissioner District 5 shall consist of the entire County of Worth. For the purpose of electing the four remaining commissioners, Worth County shall be divided into commissioner districts as follows:
Commissioner District: 1
WORTH COUNTY VTD: 0001 SYLVESTER (Part) Tract: 9502. Block(s): 140, 141, 142, 143, 150, 151, 152, 153, 154, 161, 305A, 307A, 308A, 309, 310, 311, 312, 313, 314A, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 420, 421, 422, 465 Tract: 9504. Block(s): 172B Tract: 9505. Block(s): 101, 102, 103A, 153A, 155A, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168A, 170, 171, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234A, 245A, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 264A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362A, 363, 364A, 366, 367, 368, 369, 370, 371, 372, 375, 376, 377, 378, 379 VTD: 0003 POULAN (Part) Tract: 9504. Block(s): 167B, 172C, 173 Tract: 9505. Block(s): 362B VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 305B, 307B, 308B VTD: 0013 GORDY (Part) Tract: 9505. Block(s): 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 123, 124, 125, 126, 127, 128, 153B, 154, 155B, 168B, 169, 233
Commissioner District: 2
WORTH COUNTY VTD: 0001 SYLVESTER (Part) Tract: 9502. Block(s): 136, 138, 139 VTD: 0002 SYLVESTER PARK (Part) Tract: 9502. Block(s): 129, 130A, 130B, 131A, 131B, 132, 133A, 133B, 134, 135, 137A, 137B, 144, 145, 146, 147, 148, 149, 155, 156, 157, 158, 159, 160, 402, 403A, 403B, 404A, 404B, 405A, 405B, 405C, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 466, 467
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Tract: 9504. Block(s): 109, 110, 111, 112, 114, 115, 116
VTD: 0003 POULAN (Part) Tract: 9504. Block(s): 117A, 117B, 118, 119A, 119B, 120, 121A, 121B, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156A, 156B, 157, 158, 159, 160A, 160B, 161, 162, 163, 164A, 164B, 165A, 165B, 166, 167A, 168A, 168B, 168C, 169A, 169B, 169C, 170A, 170B, 171, 172A, 172D, 172E, 174, 175, 176, 177A, 177B, 178A, 178B, 179, 180, 181, 182, 183, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 225, 226, 227, 228, 229, 230, 251, 255 Tract: 9505. Block(s): 364B, 365, 373, 374
VTD: 0004 SUMNER VTD: 0005 SHINGLER
Commissioner District: 3
WORTH COUNTY VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 102, 103, 104, 105, 107, 108, 109, 110, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 301, 302, 303, 304, 306, 308C, 314B VTD: 0007 DOLES VTD: 0008 OAKFIELD VTD: 0009 WARWICK
Commissioner District: 4
WORTH COUNTY VTD: 0010 SCOTTERVILLE VTD: 0011 MINTON VTD: 0012 BRIDGEBORO VTD: 0013 GORDY (Part) Tract: 9504. Block(s): 219, 221, 222, 223, 224 Tract: 9505. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 234B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245B, 254B, 263B, 264B, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
WEDNESDAY, MARCH 25, 1992
3805
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Worth County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Worth County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Any person seeking election as a commissioner or serving as a commissioner shall reside within the district which such person represents or seeks to represent."
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 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 2004. By Representatives Holland of the 136th and Hudson of the 117th:
A bill to amend an Act creating a board of commissioners of Turner County, so as to provide new commissioner districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4563), so as to provide new commissioner districts; to provide for definitions and inclusions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4563), is amended by striking in its entirety Section 1 and insert ing in lieu thereof the following:
"Section 1. (a) There is established in Turner County a board of commissioners which shall be the governing authority of said county and shall be composed of five members as hereinafter provided. For the purpose of electing members of the board, Turner County shall be divided into five commissioner districts as follows:
Commissioner District: 1
TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702.
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JOURNAL OF THE HOUSE,
Block(s): 293, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 312A, 313, 314, 315, 316, 317, 318, 319, 323, 324, 325, 331, 334, 335, 336, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 440, 444, 445
Commissioner District: 2
TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 320, 321, 322, 326, 327, 328, 329, 330, 332, 333, 401, 402, 403, 404, 405, 422, 423, 424, 425, 426, 427, 428, 429, 430A, 430B, 431A, 431B, 432, 433, 434, 435, 436, 437, 438A, 438B, 439A, 439B, 529, 530, 531, 534, 535, 536, 537, 538, 539, 540, 541A, 541B
Commissioner District: 3
TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 123A, 130A, 139A, 139B, 139C, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 157, 158, 159, 160, 161, 162, 163, 164, 231A, 231B, 232A, 232B, 233, 234, 235A, 235B, 252, 253, 254, 276, 292, 294, 295, 296, 297, 309B, 310, 311, 312B, 441, 442, 443 Tract: 9703. Block(s): 212 VTD: 0006 CLOVERDALE VTD: 0007 DAKOTA (Part) Tract: 9702. Block(s): 204, 205, 216, 217, 218, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230 VTD: 0008 HOBBY VTD: 0009 DAVIS
Commissioner District: 4
TURNER COUNTY VTD: 0001 ASHBURN (Part) Tract: 9702. Block(s): 120, 121, 122, 123B, 123C, 128, 129, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 154, 155, 156, 165, 166, 501, 502, 503, 504, 505A, 505B, 506A, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 532, 533, 542, 543A, 543B, 544, 545A, 545B, 546A, 546B, 547, 548, 549 Tract: 9703. Block(s): 127 VTD: 0002 SYCAMORE (Part) Tract: 9703. Block(s): 107, 124, 125, 126 VTD: 0003 REBECCA VTD: 0004 CLEMENTS (Part) Tract: 9703. Block(s): 120, 121, 134, 135, 142, 143, 146 VTD: 0005 AMBOY VTD: 0007 DAKOTA (Part) Tract: 9702.
WEDNESDAY, MARCH 25, 1992
3807
Block(s): 119, 201, 202, 203, 219, 220
Commissioner District: 5
TURNER COUNTY VTD: 0002 SYCAMORE (Part) Tract: 9703. Block(s): 128, 129, 130, 131, 162, 163, 164, 165, 166, 167A, 167B, 168, 169, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 193, 195, 196, 197, 201, 202, 203A, 203B, 204, 205A, 205B, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211, 216, 223, 224, 225, 226, 227, 228, 229A, 229B, 230A, 230B, 231A, 231B, 231C, 231D, 231E, 232A, 232B, 233, 234, 235, 236, 237A, 237B, 238, 239A, 239B, 240A, 240B, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261A, 261B, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269A, 269B, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280A, 280B, 281A, 281B, 282, 283A, 283B, 284A, 284B, 285, 286, 287, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 368, 369, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391 VTD: 0004 CLEMENTS (Part) Tract: 9703. Block(s): 132, 133, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 194, 301, 302, 303, 304, 305, 306, 307, 308, 332, 333, 334, 335, 336, 337, 338, 339, 340, 392, 393, 394, 395, 396, 397
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term "voting precinct" and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Turner County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Turner County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) All members of the board of commissioners shall not be less than 25 years of age and shall be qualified electors of Turner County. Each of the commissioners shall have been a resident of his respective commissioner district for at least 12 months prior to the date of taking office. In the event that any member ceases to be a resident of his
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JOURNAL OF THE HOUSE,
respective commissioner district during his term of office, a vacancy shall be created and shall be filled in the manner hereinafter provided. Each of the members shall be elected by the qualified voters of Turner County residing within his respective commissioner district. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he offers as a candidate. To be elected as a member of the board, a candidate must receive a majority of the total votes cast for the seat he is seeking. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a run-off election shall be conducted for that particular seat. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended."
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 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 2005.
By Representative Holland of the 136th:
A bill to amend an Act to provide for the election of a chairman and four members of the Worth County Board of Education, so as to provide new education districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act to provide for the election of a chairman and four members of the Worth County Board of Education, approved March 12, 1986 (Ga. L. 1986, p. 3716), so as to provide new education districts; to provide definitions and inclusions; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to provide for the election of a chairman and four members of the Worth County Board of Education, approved March 12, 1986 (Ga. L. 1986, p. 3716), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
"Section 1. (a) The Worth County Board of Education shall consist of a chairman and four additional members. The chairman shall be elected by a majority vote of the voters voting from the Worth County School District at large, and the other four members shall be elected from education districts by a majority vote of the voters voting from each district. The chairman and district members of the board shall serve for a term of four years and until their successors are elected and qualified. For the purpose of electing the four district members of the board, Worth County shall be divided into four education districts as follows:
Education District: 1
WORTH COUNTY VTD: 0001 SYLVESTER (Part) Tract: 9502. Block(s): 140, 141, 142, 143, 150, 151, 152, 153, 154, 161, 305A, 307A, 308A, 309, 310, 311, 312, 313, 314A, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 420, 421, 422, 465
WEDNESDAY, MARCH 25, 1992
3809
Tract: 9504. Block(s): 172B
Tract: 9505. Block(s): 101, 102, 103A, 153A, 155A, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168A, 170, 171, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234A, 245A, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 264A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362A, 363, 364A, 366, 367, 368, 369, 370, 371, 372, 375, 376, 377, 378, 379
VTD: 0003 POULAN (Part) Tract: 9504. Block(s): 167B, 172C, 173 Tract: 9505. Block(s): 362B
VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 305B, 307B, 308B
VTD: 0013 GORDY (Part) Tract: 9505. Block(s): 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 123, 124, 125, 126, 127, 128, 153B, 154, 155B, 168B, 169, 233
Education District: 2
WORTH COUNTY VTD: 0001 SYLVESTER (Part) Tract: 9502. Block(s): 136, 138, 139 VTD: 0002 SYLVESTER PARK (Part) Tract: 9502. Block(s): 129, 130A, 130B, 131A, 131B, 132, 133A, 133B, 134, 135, 137A, 137B, 144, 145, 146, 147, 148, 149, 155, 156, 157, 158, 159, 160, 402, 403A, 403B, 404A, 404B, 405A, 405B, 405C, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 466, 467 Tract: 9504. Block(s): 109, 110, 111, 112, 114, 115, 116 VTD: 0003 POULAN (Part) Tract: 9504. Block(s): 117A, 117B, 118, 119A, 119B, 120, 121A, 121B, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156A, 156B, 157, 158, 159, 160A, 160B, 161, 162, 163, 164A, 164B, 165A, 165B, 166, 167A, 168A, 168B, 168C, 169A, 169B, 169C, 170A, 170B, 171, 172A, 172D, 172E, 174, 175, 176, 177A, 177B, 178A, 178B, 179, 180, 181, 182, 183, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 225, 226, 227, 228, 229, 230, 251, 255 Tract: 9505.
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Block(s): 364B, 365, 373, 374 VTD: 0004 SUMNER VTD: 0005 SHINGLER
Education District: 3
WORTH COUNTY VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 102, 103, 104, 105, 107, 108, 109, 110, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 301, 302, 303, 304, 306, 308C, 314B VTD: 0007 DOLES VTD: 0008 OAKFIELD VTD: 0009 WARWICK
Education District: 4
WORTH COUNTY VTD: 0010 SCOTTERVILLE VTD: 0011 MINTON VTD: 0012 BRIDGEBORO VTD: 0013 GORDY (Part) Tract: 9504. Block(s): 219, 221, 222, 223, 224 Tract: 9505. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 234B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245B, 254B, 263B, 264B, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of the Worth County School District which is not included in any education district described in this section shall be included within that education dis trict contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of the Worth County School District which is described in this sec tion as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such educa tion district. Such noncontiguous part shall instead be included within that education
WEDNESDAY, MARCH 25, 1992
3811
district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
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 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 2114. By Representative Moody of the 153rd:
A bill to amend an Act creating the board of commissioners of Appling County, so as to provide new commissioner districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4642), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for the submission of this Act to the United States Attorney General for approval and conditions for automatic repeal; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4642), is amended by striking in its entirety Section 8 and insert ing in lieu thereof the following:
"Section 8. (a) The board of commissioners of Appling County shall consist of a chairman elected from the county at large and five commissioners elected from commis sioner districts. For the purpose of electing members of the board of commissioners, Appling County shall be divided into five commissioner districts as follows:
Commissioner District: 1.
APPLING COUNTY VTD: 0001 1A AND 1A-1 VTD: 0003 1-B VTD: 0004 1-C (Part) Tract: 9501. Block(s): 262, 275, 276, 281, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9502. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 124, 139, 151, 152, 153, 154, 155A, 155B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 215B, 216, 217, 218A, 229, 230, 231B, 232, 233, 234B, 236D, 242C VTD: 0005 1-D VTD: 0006 2-A (Part) Tract: 9501. Block(s): 121, 122, 123, 124, 125, 126, 154, 155, 156, 188, 189 VTD: 0007 2-B (Part) Tract: 9502.
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JOURNAL OF THE HOUSE,
Block(s): 236B, 241, 242A, 358C, 364A, 374
Commissioner District: 2
APPLING COUNTY VTD: 0004 1-C (Part) Tract: 9502. Block(s): 215A, 236A, 236C VTD: 0006 2-A (Part) Tract: 9502. Block(s): 101, 102, 103, ICt, 105, 122, 123, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 183, 184, 301, 302, 303, 304 VTD: 0007 2-B (Part) Tract: 9502. Block(s): 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 156A, 156B, 157, 158A, 158B, 158C, 158D, 159A, 159B, 159C, 159D, 160A, 160B, 161A, 161B, 161C, 162A, 162B, 163, 164, 165, 166, 167A, 167B, 168A, 168B, 169A, 169B, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 178A, 178B, 179, 180, 181, 182, 213, 214A, 214B, 231A, 234A, 235, 237A, 237B, 237C, 238, 239, 240A, 240B, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 305, 306, 307, 308A, 308B, 308C, 309A, 309B, 309C, 310A, 310B, 311A, 311B, 311C, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358A, 358B, 359A, 359B, 360, 361, 362, 363, 364B, 364C, 365, 366A, 366B, 366C, 367A, 367B, 367C, 367D, 367E, 368A, 368B, 368C, 368D, 371, 372, 375, 376, 377, 378, 379 VTD: 0010 3-C (Part) Tract: 9503. Block(s): 301, 302, 303, 304, 305, 306, 307, 404, 405, 406, 407
Commissioner District: 3
APPLING COUNTY VTD: 0006 2-A (Part) Tract: 9501. Block(s): 134, 138, 139, 140, 150, 151, 152, 153, 157, 158 VTD: 0007 2-B (Part) Tract: 9502. Block(s): 369A, 369B, 369C, 370, 373 VTD: 0008 3-A VTD: 0009 3-B VTD: 0010 3-C (Part) Tract: 9503. Block(s): 153, 157, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337A, 337B, 338, 339, 340A, 340B, 341, 342, 343, 344A, 344B, 344C, 401, 402A, 402B, 403, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B, 415A, 415B, 415C, 415D, 416, 417, 418, 419, 420, 421A, 421B, 421C, 421D, 422A, 422B, 423, 424, 425, 426, 427, 428A, 428B, 429, 430, 431, 432A, 432B, 433, 434A, 434B, 434C, 434D, 435, 436, 437A, 437B, 438, 439, 440, 441A, 441B, 442A, 442B, 442C, 442D, 443, 444, 445, 455, 456, 463, 464, 465, 471, 472 Tract: 9504.
WEDNESDAY, MARCH 25, 1992
3813
Block(s): 135, 136, 137, 138, 139, 140, 194, 195 Tract: 9505.
Block(s): 102, 103 VTD: 0015 5-A (Part)
Tract: 9503. Block(s): 101, 102, 103, 104, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126, 134, 135, 150, 151, 152, 154
Commissioner District: 4
APPLING COUNTY VTD: 0010 3-C (Part) Tract: 9503. Block(s): 155, 156, 255, 256, 257, 258A, 263A Tract: 9504. Block(s): 208 Tract: 9505. Block(s): 105 VTD: 0011 4-A VTD: 0012 4-B VTD: 0013 4-C VTD: 0014 4-D VTD: 0015 5-A (Part) Tract: 9503. Block(s): 258B, 259, 260, 261, 262, 263B, 264, 265, 266, 267, 268, 269
Commissioner District: 5
APPLING COUNTY VTD: 0015 5-A (Part) Tract: 9503. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 119, 127, 128, 129, 130, 131, 132, 133, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203A, 203B, 204, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218A, 218B, 219A, 219B, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 270, 271, 272, 273, 274, 275, 276, 277 Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 232, 296A, 296B, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349 VTD: 0016 5-B VTD: 0017 5-B1 VTD: 0018 5-C
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on
3814
JOURNAL OF THE HOUSE,
the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Appling County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Appling County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Appling County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 2170.
By Representatives Dixon of the 151st and Blitch of the 150th:
A bill to amend an Act providing fqr the election of the members of the Board of Education of Charlton County, so as to change provisions relating to education districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act providing for the election of the members of the Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, particu larly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3691), so as to change provisions relating to education districts; to provide for definitions and insertions; to provide for sub mission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of the members of the Board of Educa tion of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, par ticularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3691), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) For the purpose of electing members of the board of education, Charlton County shall be divided into five education districts as follows:
Education District: 1
CHARLTON COUNTY
WEDNESDAY, MARCH 25, 1992
3815
VTD: 0001 1 VTD: 0002 2 (Part)
Tract: 9901. Block(s): 413A, 414, 415, 428, 429, 438, 439, 440, 441, 445, 449, 455
Education District: 2
CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 287A, 287B, 287E, 306A, 307A, 308, 314, 341, 353, 354, 356, 357, 358A, 358B, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369A, 369B, 370, 371A, 371B, 372, 373, 374, 375, 376A, 377, 378, 379, 380A, 381A, 382A, 383, 386, 388, 389, 390, 391, 393A, 394A, 421, 422, 423, 432, 433, 434, 435, 442, 443, 444, 446, 447, 448, 450, 451, 452, 453, 457, 458, 459, 460, 461, 462, 463, 464, 465A, 466, 467, 468, 469A, 471A, 472 VTD: 0004 4 (Part) Tract: 9901. Block(s): 287C, 287D, 287F, 376B, 376D VTD: 0005 5 (Part) Tract: 9901. Block(s): 345, 346, 347, 349, 350, 351, 352, 355, 387
Education District: 3
CHARLTON COUNTY VTD: 0003 3 (Part) Tract: 9902. Block(s): That part of Block 135 which lies south of Traders Hill Road Block(s): 136, 137, 142, 143, 144, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
Education District: 4
CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 222A, 222D, 306C, 376C VTD: 0003 3 (Part) Tract: 9901. Block(s): 380B, 381B, 382B, 384, 385, 392, 393B, 394B, 395, 396, 397, 465B, 479, 480, 481 Tract: 9902. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134 Block(s): That part of Block 135 which lies north of Traders Hill Road Block(s): 138, 139, 140, 141, 145
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JOURNAL OF THE HOUSE,
VTD: 0004 4 (Part) Tract: 9901. Block(s): 172, 173, 180B, 180C, 181B, 181C, 182B, 222B, 222C, 222E, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 283, 284, 285, 286, 288, 303A, 303B, 304, 305B, 305C, 306B, 306D, 307B, 311B, 311C, 376E Tract: 9902. Block(s): 101, 110, 111, 112, 115, 116
VTD: 0005 5 (Part) Tract: 9901. Block(s): 152C
Education District: 5
CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 335, 339, 340 VTD: 0005 5 (Part) Tract: 9901. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152D, 152E, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 174, 175, 176, 177, 178, 179, 180A, 181A, 182A, 183, 184, 185, 187, 196A, 196B, 196C, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 278, 279, 280, 281, 282, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 305A, 309, 310, 311A, 312, 313, 315, 316, 323, 324, 325, 326, 336, 337, 338, 348, 401, 402, 403, 404, 405, 406, 407, 410, 411, 412, 482, 483
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Charlton County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(5) Any part of Charlton County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous
WEDNESDAY, MARCH 25, 1992
3817
to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Charlton County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 2171. By Representatives Dixon of the 151st and Blitch of the 150th:
A bill to amend an Act creating the board of commissioners for Charlton County, so as to change provisions relating to commissioner districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5042), so as to change provisions relating to commissioner dis tricts; to provide for definitions and insertions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5042), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) For the purpose of electing members of the board of commissioners, Charlton County shall be divided into five commissioner districts as follows:
Commissioner District: 1
CHARLTON COUNTY VTD: 0001 1 VTD: 0002 2 (Part) Tract: 9901. Block(s): 413A, 414, 415, 428, 429, 438, 439, 440, 441, 445, 449, 455
Commissioner District: 2
CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 287A, 287B, 287E, 306A, 307A, 308, 314, 341, 353, 354, 356, 357, 358A, 358B, 359, 360, 361, 362, 363, 364, 365, 366, 367,
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JOURNAL OF THE HOUSE,
368, 369A, 369B, 370, 371A, 371B, 372, 373, 374, 375, 376A, 377, 378, 379, 380A, 381A, 382A, 383, 386, 388, 389, 390, 391, 393A, 394A, 421, 422, 423, 432, 433, 434, 435, 442, 443, 444, 446, 447, 448, 450, 451, 452, 453, 457, 458, 459, 460, 461, 462, 463, 464, 465A, 466, 467, 468, 469A, 471A, 472 VTD: 0004 4 (Part) Tract: 9901. Block(s): 287C, 287D, 287F, 376B, 376D VTD: 0005 5 (Part) Tract: 9901. Block(s): 345, 346, 347, 349, 350, 351, 352, 355, 387
Commissioner District: 3
CHARLTON COUNTY VTD: 0003 3 (Part) Tract: 9902. Block(s): That part of Block 135 which lies south of Traders Hill Road Block(s): 136, 137, 142, 143, 144, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
Commissioner District: 4
CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 222A, 222D, 306C, 376C
VTD: 0003 3 (Part) Tract: 9901.
Block(s): 380B, 381B, 382B, 384, 385, 392, 393B, 394B, 395, 396, 397, 465B, 479, 480, 481
Tract: 9902.
Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134
Block(s): That part of Block 135 which lies north of Traders Hill Road Block(s): 138, 139, 140, 141, 145 VTD: 0004 4 (Part) Tract: 9901. Block(s): 172, 173, 180B, 180C, 181B, 181C, 182B, 222B, 222C, 222E,
223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 283, 284, 285, 286, 288, 303A, 303B, 304, 305B, 305C, 306B, 306D, 307B, 311B, 311C, 376E Tract: 9902. Block(s): 101, 110, 111, 112, 115, 116 VTD: 0005 5 (Part)
WEDNESDAY, MARCH 25, 1992
3819
Tract: 9901. Block(s): 152C
Commissioner District: 5
CHARLTON COUNTY VTD: 0002 2 (Part) Tract: 9901. Block(s): 335, 339, 340 VTD: 0005 5 (Part) Tract: 9901. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152D, 152E, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 174, 175, 176, 177, 178, 179, 180A, 181A, 182A, 183, 184, 185, 187, 196A, 196B, 196C, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 278, 279, 280, 281, 282, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 305A, 309, 310, 311A, 312, 313, 315, 316, 323, 324, 325, 326, 336, 337, 338, 348, 401, 402, 403, 404, 405, 406, 407, 410, 411, 412, 482, 483
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Charlton County which is not included in any commissioner dis trict described in this section shall be included within that commissioner district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Charlton County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Charlton County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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.
3820
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, the ayes were 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 2172. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act creating the board of commissioners of Dade County, so as to change the composition of the commission 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 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 2113.
By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act to change the composition and method of election of the Board of Education of Appling County, so as to provide new education districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act to change the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended, so as to provide new education districts; to provide for definitions and inclu sions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to change the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended, is amended by striking in their entireties subsections (b) and (c) of Section 2 and inserting in lieu thereof the following:
"(b) Each member shall be elected from and by the voters of the education district he represents and not by the voters of the county at large. Each member of the board must be a resident of the education district he represents; and if any member removes his residence from such education district then his office shall be vacated. The five edu cation districts from which members of the board of education shall be elected are as follows:
Eduction District: 1
APPLING COUNTY VTD: 0001 1A AND 1A-1 VTD: 0003 1-B VTD: 0004 1-C (Part) Tract: 9501. Block(s): 262, 275, 276, 281, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9502. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 124, 139, 151, 152, 153, 154, 155A, 155B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 215B, 216, 217, 218A, 229, 230, 231B, 232, 233, 234B, 236D, 242C VTD: 0005 1-D
WEDNESDAY, MARCH 25, 1992
3821
VTD: 0006 2-A (Part) Tract: 9501. Block(s): 121, 122, 123, 124, 125, 126, 154, 155, 156, 188, 189
VTD: 0007 2-B (Part) Tract: 9502. Block(s): 236B, 241, 242A, 358C, 364A, 374
Education District: 2
APPLING COUNTY VTD: 0004 1-C (Part) Tract: 9502. Block(s): 215A, 236A, 236C VTD: 0006 2-A (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 122, 123, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 183, 184, 301, 302, 303, 304 VTD: 0007 2-B (Part) Tract: 9502. Block(s): 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 156A, 156B, 157, 158A, 158B, 158C, 158D, 159A, 159B, 159C, 159D, 160A, 160B, 161A, 161B, 161C, 162A, 162B, 163, 164, 165, 166, 167A, 167B, 168A, 168B, 169A, 169B, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 178A, 178B, 179, 180, 181, 182, 213, 214A, 214B, 231A, 234A, 235, 237A, 237B, 237C, 238, 239, 240A, 240B, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 305, 306, 307, 308A, 308B, 308C, 309A, 309B, 309C, 310A, 310B, 311A, 311B, 311C, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358A, 358B, 359A, 359B, 360, 361, 362, 363, 364B, 364C, 365, 366A, 366B, 366C, 367A, 367B, 367C, 367D, 367E, 368A, 368B, 368C, 368D, 371, 372, 375, 376, 377, 378, 379 VTD: 0010 3-C (Part) Tract: 9503. Block(s): 301, 302, 303, 304, 305, 306, 307, 404, 405, 406, 407
Education District: 3
APPLING COUNTY VTD: 0006 2-A (Part) Tract: 9501. Block(s): 134, 138, 139, 140, 150, 151, 152, 153, 157, 158 VTD: 0007 2-B (Part) Tract: 9502. Block(s): 369A, 369B, 369C, 370, 373 VTD: 0008 3-A
VTD: 0009 3-B VTD: 0010 3-C (Part)
Tract: 9503.
Block(s): 153, 157, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337A, 337B, 338, 339, 340A, 340B, 341, 342, 343, 344A, 344B, 344C, 401, 402A, 402B, 403, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B, 415A, 415B, 415C, 415D, 416, 417, 418, 419, 420, 421A, 421B, 421C, 421D, 422A, 422B, 423, 424, 425, 426, 427, 428A, 428B, 429, 430, 431, 432A, 432B, 433, 434A, 434B, 434C, 434D, 435, 436, 437A, 437B, 438, 439, 440, 441A, 441B, 442A, 442B, 442C, 442D, 443, 444, 445, 455, 456, 463, 464, 465, 471, 472
3822
JOURNAL OF THE HOUSE,
Tract: 9504. Block(s): 135, 136, 137, 138, 139, 140, 194, 195
Tract: 9505. Block(s): 102, 103
VTD: 0015 5-A (Part) Tract: 9503. Block(s): 101, 102, 103, 104, 116, 117, 118, 120, 121, 122, 123, 124, 125,
126, 134, 135, 150, 151, 152, 154
Education District: 4
APPLING COUNTY VTD: 0010 3-C (Part) Tract: 9503. Block(s): 155, 156, 255, 256, 257, 258A, 263A Tract: 9504. Block(s): 208 Tract: 9505. Block(s): 105 VTD: 0011 4-A VTD: 0012 4-B VTD: 0013 4-C VTD: 0014 4-D VTD: 0015 5-A (Part) Tract: 9503. Block(s): 258B, 259, 260, 261, 262, 263B, 264, 265, 266, 267, 268, 269
Education District: 5
APPLING COUNTY VTD: 0015 5-A (Part) Tract: 9503. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 119, 127, 128, 129, 130, 131, 132, 133, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203A, 203B, 204, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218A, 218B, 219A, 219B, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 270, 271, 272, 273, 274, 275, 276, 277 Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 232, 296A, 296B, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349 VTD: 0016 5-B VTD: 0017 5-B1 VTD: 0018 5-C
(c) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the
WEDNESDAY, MARCH 25, 1992
3823
following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of the Appling County School District which is not included in any education district described in this section shall be included within that education dis trict contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of the Appling County School District which is described in this sec tion as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such educa tion district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
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 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 2024. By Representative Connell of the 87th:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the provisions limiting the succession in office of the mayor and council members.
The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 2024 by striking line 27 of page 1 and lines 1 through 3 of page 2 and inserting the following:
"or herself in office; provided, however, that a mayor shall not be eligible to succeed himself or herself in office for a period of four years after such mayor has completed serving two consecutive full terms of office of four years each subsequent to the effective date of this Act. In determining such eligibility, no term or terms of office which com menced prior to the effective date of this Act shall be considered."
By striking lines 15 through 19 of page 2 and inserting the following:
"Succession of councilmembers. A member of city council shall be eligible to succeed himself or herself in office; provided, however, that such member shall not be eligible to succeed himself or herself in office for a period of two years after such member has completed serving two consecutive full terms of office of four years each subsequent to the effective date of this Act. In determining such eligibility, no term or terms of office which commenced prior to the effective date of this Act shall be considered."
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 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
3824
JOURNAL OF THE HOUSE,
HB 2151.
By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th, Davis of the 45th, Lawrence of the 49th and others:
A bill to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00.
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 Ashe 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 Y Brush Y Buck Y Buckner
YByrd
Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Elliott Y Felton Fennel
Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert 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
Langford Lawrence Y Lawson YLee YLong YLord
Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows
Y Merritt
Y Milam
Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A
Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Skipper Y Smith.L Y Smith.P
Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend N Turnquest Y Twiggs
Valenti
Y Vaughan Y Walker,J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Williams.R
Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 142, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.
SB 826. By Senator Baldwin of the 29th:
A bill to amend an Act establishing an independent school system for the City of Hogansville, as amended, so as to revise provisions relating to ad valorem school taxes; to change the maximum millage rate of such taxes; to provide for a referendum; to repeal a specific 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:
WEDNESDAY, MARCH 25, 1992
3825
Y Abernathy
Y Adams Y Aiken
Alford Y Ashe 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 Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty
Y Carrell Y Carter
Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Elliott Y Felton Fennel Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Greene Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert 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
Langford Lawrence Y Lawson YLee YLong YLord Y Lucas
YMann
Y Martin
Y McBee
Y McCoy
Y McKelvey
McKinney.B
McKinney.C
Y Meadows
Y Merritt
Y Milam
Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A
Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Skipper Y Smith.L Y Smith,P
Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend N Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Williams,R Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 142, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.
Representatives Pettit of the 19th and Fennel of the 155th stated that they had been called from the floor of the House during the preceding roll calls on the Local Bills. They wished to be recorded as voting "aye" thereon.
Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the Senate was taken up for consideration and read the third time:
SR 366. By Senator Hasty of the 51st: A resolution designating the Ben Jess Logan, Sr., Memorial Bridge.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker
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 Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott
3826
JOURNAL OF THE HOUSE,
Y Felton Y Fennel
Floyd,J.M Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Greene Griffin Y Groover Y Hamilton Y Hammond Manner
Y Harris.B Y Harris,J Y Heard
Y Henson
Y Herbert Y Holland
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
Langford Y Lawrence Y Lawson Y Lee
Y Long Y Lord
Lucas
Y Mann
Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y 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 Presley Y Purcell Y Randall
Ray Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L Y Smith.P Y Smith.T
Y Smith.W
Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley 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
Walker.L
Y Wall 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 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 1125.
By Representatives Poston of the 2nd, Fennel of the 155th, Orr of the 9th, Meadows of the 91st, Smith of the 16th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to create the State Ethics Commission; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying.
Representative Poston of the 2nd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1125.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Sen ate's insistence on its position in disagreeing to the House substitute thereto:
SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th 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 conditions of employ ment under the "Quality Basic Education Act," so as to provide for a payfor-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Edu cation; to provide for proposals by local schools.
Representative Porter of the 119th moved that the House insist on its position in sub stituting SB 488.
WEDNESDAY, MARCH 25, 1992
3827
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto:
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.
Representative Simpson of the 70th moved that the House insist on its position in dis agreeing to the Senate amendment to the House substitute to SB 159.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 1519.
By Representatives Oliver of the 53rd, Baker of the 51st and Porter of the 119th:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that if the Department of Human Resources is the petitioner, then no guard ian ad litem need be appointed; to provide for admissibility of blood tests.
The following Senate substitute was read:
A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that if the Department of Human Resources is the petitioner, then no guardian ad litem need be appointed; to provide that services by the Department of Human Resources shall continue despite the fact that public assistance is no longer pro vided; to provide for fees and cost recovery for child support services; to provide for liabil ity and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking subsection (a) of Code Section 19-7-44, relating to parties and guardian ad litem, and inserting in lieu thereof the following:
"(a) The child shall be made a party to the action. If he the child is a minor, he the child shall be represented by a guardian ad litem appointed by the court. If the Department of Human Resources is the petitioner, and the court determines that no conflict of interest exists, the court need not appoint a guardian. Neither the child's mother nor his the alleged or presumed father may represent the child as guardian ad litem."
Section 2. Said title is further amended by striking subsection (b) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assist ance recipients, and inserting in lieu thereof the following:
"(b) Whenever a family for whom child support payments services have been eellectcd and distributed ndef this article provided ceases to receive public assistance,
3828
JOURNAL OF THE HOUSE,
including medical assistance, the department shall continue to provide services and col lect such support payments from the absent parent in accordance with standards pre scribed pursuant to the federal Social Security Act."
Section 3. Said title is further amended by adding a new Code section at the end to read as follows:
"19-11-28. (a) The department shall be authorized to charge fees and recover costs for its services under this article; provided, however, that no fee or cost may be recov ered if such recovery would result in a loss of federal funding. All such cost recovery measures shall be used to defray the cost of providing services, and all such reimburse ment shall not exceed the actual cost of providing the service. No person shall be denied services on the basis of ability to pay. The department shall provide for specific cost recovery measures by rule and regulation.
(b) The department may recover fees and costs as provided in this Code section by civil action. Where a recipient of services fails to remit fees or costs within 30 days of a demand sent by certified mail, return receipt requested, the department may in its sole discretion terminate further services to that recipient. Fees and costs may be recov ered from the absent parent as part of an income deduction pursuant to Code Section 19-6-30.
(c) Nothing in this Code section shall be construed to require the department to col lect any court cost from an absent parent where such court cost is imposed upon such absent parent and is due and owing to a county of this state."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Oliver of the 53rd moved that the House disagree to the Senate substi tute to HB 1519.
The motion prevailed.
The following Resolution of the House was read:
HR 1182. By Representatives Murphy of the 18th and Walker of the 115th
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 12:00 Midnight on Wednesday, March 25, 1992, and shall reconvene on Monday, March 30, 1992.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 30 may be as ordered by the Senate; and the hour for convening the House on March 30 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
Alford Y Ashe 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
Bostick Y Branch Y Breedlove Y Brooks
Y Brown Brush
Y Buck Y Buckner Y Byrd Y Campbell N Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott
WEDNESDAY, MARCH 25, 1992
3829
Y Felton Y Fennel
Floyd.J.M FloydJ.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin
Groover N Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson
Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford
Y Lawrence Lawson
YLee Long
YLord
Y Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C
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
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston
Y Powell.A Y Powell.C Y Presley 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
Streat
On the adoption of the Resolution, the ayes were 143, nays 2. The Resolution was adopted.
Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus
Tolbert Townsend Y Turnquest Y Twiggs Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto:
SB 604. By Senator Broun of the 46th:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Anno tated, relating to open and public meetings, so as to change the provisions relating to exceptions from the provisions of such chapter for certain meet ings.
The following Senate amendment was read:
Amend the House Committee substitute to SB 604 by striking lines 29 through 32 of page 4 and inserting the following:
"shall also mean such items received or maintained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure. Provided, further, this Code section shall be construed to disallow an".
Representative Thomas of the 69th moved that the House agree to the Senate amend ment to the House substitute, to SB 604.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Ashe 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
Brown Brush YBuck
Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E
Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards
Y Elliott Y Felton Y Fennel
Floyd,J.M Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Greene
3830
JOURNAL OF THE HOUSE,
Y Griffin Y Groover Y Hamilton Y Hammond
Banner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
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 Mann
Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody
Y Morsberger Moultrie
Y Mueller Y Oliver.C Y Oliver.M Y Orr Y 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 Presley Y Purcell
On the motion, the ayes were 150, nays 0. The motion prevailed.
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 Smyre Y Snow
Y Stancil.F Y Stancil,S Y Stanley 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 Y Wall Y Watson Y Watts
White
Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
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.
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 Bills of the House:
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.
HB 1482.
By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th and others:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Anno tated, relating to capital outlay funds in general, so as to provide for excep tions; to provide for notice and a public hearing regarding a reorganization or consolidation plan.
HB 1599.
By Representatives Martin of the 26th, Childers of the 15th, Coleman of the 118th, McKinney of the 35th, Hamilton of the 124th and others:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to provide that prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency or any other agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner.
WEDNESDAY, MARCH 25, 1992
3831
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1693. By Representative Buck of the 95th:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions.
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:
HR 1182. By Representatives Murphy of the 18th and Walker of the 115th: A resolution relative to adjournment.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:
HB 1225. By Representatives Reaves of the 147th, Godbee of the 110th, Branch of the 137th, Moody of the 153rd and Greene of the 130th:
A bill to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to fees for licenses.
HB 1929. By Representative Childers of the 15th:
A bill to amend Code Section 16-12-160 of the Official Code of Georgia Annotated, prohibiting buying or selling a human body or parts thereof, so as to change certain exceptions to the prohibition; to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, the "Geor gia Anatomical Gift Act," so as to change the provisions relating to defini tions.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1202. By Representatives Dunn of the 73rd, Lucas of the 102nd, Sherrill of the 47th, Bordeaux of the 122nd and Valenti of the 52nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for continuation rights for persons age 60 and over whose coverage under certain group accident and sickness insurance plans would otherwise terminate.
The Senate has agreed to the House amendment to the Senate substitute to the fol lowing Bill of the House:
3832
JOURNAL OF THE HOUSE,
HB 1145.
By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain fees for motor vehicle special and prestige license plates; to change certain fees for a motor vehicle title; to pro vide for an additional impact fee for vehicles previously titled outside this state; to change certain fees for driver's licenses, probationary licenses, instruction permits, and identification cards; to change certain reinstatement fees.
The Senate has passed by the requisite constitutional majority the following Bill of the House:
HB 1740.
By Representatives Felton of the 22nd, Campbell of the 23rd and Townsend of the 24th:
A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to reapportion education districts for the election of members of the board of education.
The Senate adheres to its amendment to the House substitute and has appointed a Committee of Conference on the following Bill of the Senate:
SB 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.
The President has appointed on the part of the Senate the following:
Senators Albert of the 23rd, Walker of the 22nd and Henson of the 55th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th 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 conditions of employ ment under the "Quality Basic Education Act," so as to provide for a payfor-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Edu cation; to provide for proposals by local schools.
The President has appointed on the part of the Senate the following: Senators Dawkins of the 45th, Robinson of the 16th and Taylor of the 12th.
The Senate has disagreed to the House substitute to the following Bill of the Senate:
WEDNESDAY, MARCH 25, 1992
3833
SB 777. By Senator Foster of the 50th:
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 change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Professional Standards Commission; to change certain provisions relating to service on the Profes sional Standards Commission.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:
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.
HB 1978.
By Representatives Buckner of the 72nd, Mobley of the 64th, Lee of the 72nd, Poston of the 2nd, Aiken of the 21st and others:
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 provide for defini tions; to require registration for operators of beauty pageants.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1837. By Representative Byrd of the 153rd:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum under the "Quality Basic Education Act," so as to provide that certain courses shall contain and shall not contain certain information.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 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.
Representative Simpson of the 70th moved that the House insist on its position in dis agreeing to the Senate amendment to the House substitute to SB 159 and that a Commit tee 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:
3834
JOURNAL OF THE HOUSE,
Representatives Childers of the 15th, Streat of the 139th and Simpson of the 70th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th 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 conditions of employ ment under the "Quality Basic Education Act," so as to provide for a payfor-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Edu cation; to provide for proposals by local schools.
Representative Porter of the 119th moved that the House adhere to its position in substituting SB 488 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 Kilgore of the 42nd, Herbert of the 76th and Porter of the 119th.
Pursuant to HR 1182, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 30, 1992.
MONDAY, MARCH 30, 1992
3835
Representative Hall, Atlanta, Georgia Monday, March 30, 1992
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 Ashe Atkins Baker Balkcom Barfoot Bargeron Barnett,8 Barnett,M Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks Brown Brush Buck Buckner
Cyamrdpb, el,,l
Carrell
Carter
Cauthorn
Chafin
Chambless
Cheeks Childers Clark.E Clark.L Coker Coleman Colwell Connell Culbreth Cummings.B Cummings.M Davis.D Davis.G Davis.M Dixon.H Dixon.S Dobbs Dover Edwards Elliott Felton Fennel Floyd,J.M Floyd,J.W Flynt
XGo,l.d, en
Griffin
Groover
Hammond
Manner
Harris.B
Harris,J Heard Henson Herbert Holland Holmes Howard Hudson Jackson Jamieson Jenkins Jones Kilgore King Kingston Klein Ladd Lane,D Lane.R Langford Lawrence Lawson Lee Long Mann
MMcaBrteine
McCoy
McKelvey
McKinney.B
Meadows
Merritt
Milam Mills Mobley Moody Morsberger Moultrie Mueller Oliver.C Oliver.M Orr Padgett Parham Parrish Patten Pelote Perry Pettit Pinholster Poag Porter Poston Powell.A Powell.C Presley purcell
R^andall
Reaves
Ricketson
Royal
Selman
Sherrill
Simpson Sinkfield Skipper Smith.L Smith,? Smith.T Smith.W Snow Stancil.F Stancil.S Streat Taylor Teper Thomas.N Thurmond Titus Tolbert Townsend Twiggs Valenti Vaughan Walker,J Walker.L Wall Watson
Wwhaitttes
Wilder
Williams,B
Williams.R
Yeargin
Murphy,Spkr
The following members were off the floor of the House when the roll was called:
Representatives Thomas of the 31st, Pinkston of the 100th, Thomas of the 69th, Goodwin of the 63rd, Turnquest of the 56th, Stanley of the 33rd, Dunn of the 73rd, Abernathy of the 39th, McKinney of the 40th and Lucas of the 102nd.
They wish to be recorded as present.
Prayer was offered by the Reverend Thurmond N. Tillman, Pastor, First Baptist Church, Savannah, 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.
3836
JOURNAL OF THE HOUSE,
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 and Senate were read the second time:
HR 1165 HR 1166
HR 1167 HR 1168
HR 1181 SB 866 SB 867
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 Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1163 Do Pass HR 1164 Do Pass HR 1171 Do Pass
HR 1063 Do Pass, as Amended HR 1090 Do Pass SB 174 Do Pass, by Substitute
Respectfully submitted, M 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 2177 Do Pass, as Amended SB 628 Do Pass SB 739 Do Pass SB 741 Do Pass SB 743 Do Pass SB 800 Do Pass
SB 801 Do Pass SB 813 Do Pass SB 824 Do Pass SB 825 Do Pass SB 856 Do Pass SB 865 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
MONDAY, MARCH 30, 1992
3837
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 485 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 MONDAY, MARCH 30, 1992
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enu merated below:
SB 61 Judges/Probate Cts Ret; bd of commissioners; employees SB 108 Teachers Retirement System; early retirement; 30 years SB 164 Peace Officer/Prosecutor Training Fund; disbursements SB 256 Employees; off-duty lawful activities; nondiscrimination (Recon.) SB 465 Employees' health insurance; former employees; eligibility SB 473 Warrants; filing complaints; amend provisions SB 496 Sheriffs; fees in civil cases; increase SB 505 Special license plates; certain war veterans SB 523 Surface mining; permits; compliance with local ordinances SB 553 Constitutional county officers; compensation SB 579 DUI Ale/Drug Use Risk Reduction Prog; completion; points
reduction SB 601 Birth certificates; adoptees; amend provisions SB 615 Fair housing; amend provisions SB 630 Aquaculture; regulation provisions SB 631 Public works contracts; alternate procedure for maint of escrow
accts SB 637 Water quality; rivers and lakes; EPD to make reports SB 639 Sales representatives; amend provisions SB 644 Juvenile proceedings; victim impact statement SB 672 Trout waters without seasons; add cert.streams (Reconsidered) SB 678 Cert peace officers, etc.; adm urine tests; certification
SR 248 Glynn Co; change Colonel's Island to Vandiver Island SR 431 Study Comm on Postsec Technical & Adult Education Finance; create SR 510 Study Comm on Prof, Occup, & Bus Licensing and Taxation; create SR 511 Joint Study Committee; Environmental Enforcement; create SR 514 Practice of law; urge Supreme Court reconsider admission rules
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
3838
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 2177. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to change the manner of selecting the members of the Board of Educa tion of Towns County.
The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 2177 by adding at the end of line 15 of page 1 the following:
"and Militia District 1581 (Tate City)".
By adding on line 18 of page 2 between the designation "(Macedonia)" and the comma the following:
"and Militia District 1581 (Tate City)".
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 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 628. By Senator Clay of the 37th:
A bill to amend an Act creating a new charter for the City of Kennesaw so as to provide for the authority of the municipal court to place persons on probation; to require attendance at safety education schools, drug and alco hol risk reduction schools, or other educational programs; to provide for authority to order persons to pay fees for probation as well as other costs.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 739. By Senators Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd:
A bill to amend an Act abolishing the office of county treasurer in counties having a population of more than 400,000 according to the last or any future federal decennial census so as to repeal said Act.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
MONDAY, MARCH 30, 1992
3839
SB 741. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd:
A bill to amend Code Section 20-2-51 of the Official Code of Georgia Anno tated, relating to members of county school boards, so as to change the popu lation figures describing the counties in which a vacancy on the county board of education is created when a member of the county board qualifies for nomination or election to any other elective governmental 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 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 743. By Senators Ragan of the 32nd, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend Code Section 36-5-22 of the Official Code of Georgia Anno tated, relating to authorizing county managers, so as to change the popula tion figure describing counties in which the county governing authority or the General Assembly is not authorized to create the office of county manager.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 800. By Senator Tysinger of the 41st:
A bill to amend Code Section 9-13-161.1 of the Official Code of Georgia Annotated, relating to the holding of sales of personal property at a place other than the courthouse where such sale would create an undue traffic haz ard, so as to change the population figure.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 801. By Senator Tysinger of the 41st:
A bill to amend Code Section 50-5-184 of the Official Code of Georgia Anno tated, relating to the requirement of the Department of Administrative Ser vices to promote joint use of public safety radio services and economical delivery of services, so as to change the population figure designating the counties to which provisions of said Code section shall not apply.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
3840
JOURNAL OF THE HOUSE,
SB 813. By Senator Hasty of the 51st:
A bill to amend an Act to provide a new charter for the City of Calhoun, Georgia, so as to authorize the governing authority of the City of Calhoun to appropriate up to $2,000.00 per fiscal year to Big Brothers/Big Sisters.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 824. By Senator Johnson of the 47th:
A bill to provide a new charter for the City of Franklin Springs; to provide for incorporation, boundaries, and powers of the city; to provide for a govern ing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 825. By Senator Johnson of the 47th:
A bill to provide a new charter for the City of Royston; 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, vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 856. By Senator Baldwin of the 29th:
A bill to amend an Act providing a board of education of Troup County, as amended, so as to reapportion the education districts; to provide for defini tions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
MONDAY, MARCH 30, 1992
3841
SB 865. By Senator Dean of the 31st:
A bill to provide for homestead exemptions from Polk County ad valorem taxes for county purposes and from Polk County School District ad valorem taxes for educational purposes and to reduce bonded indebtedness for certain residents of that county and school district; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relat ing thereto; to provide for a referendum; to provide for applicability.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck
Y Buckner Byrd Campbell Canty
Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Y Cummings,M Y Davis.D
Davis.G Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Y Greene Griffin Groover
E Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J
Heard Henson Y Herbert Y Holland Y Holmes Howard Y Hudson Y Irwin Y Jackson 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
Lord Lucas YMann Y Martin Y McBee
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
Orrock Y Padgett
Parham Parrish
Y Patten Y Pelote
Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C
Y Presley 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 Y Stancil.F
Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
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 Y Wall 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 131, nays 1. The Bill, having received the requisite two-thirds constitutional majority, was passed.
Representatives Perry of the 5th, Henson of the 57th, Davis of the 45th and Thomas of the 31st stated that they had been called from the floor of the House during the preced ing roll calls. They 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 adopted the report of the Committee of Conference on the following Bills of the Senate and House:
3842
JOURNAL OF THE HOUSE,
SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th:
A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative find ings and purpose; to define certain terms.
HB 1924. By Representative Carter of the 146th:
A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected.
The Senate has agreed to the House amendment to the Senate substitute to the fol lowing Bill of the House:
HB 1390.
By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide procedures for removing structures located on or over tidewaters, navigable streams, and navigable rivers of the state which are used as places of habitation.
The Senate has agreed to the House amendment to the Senate amendment to the fol lowing Bill of the House:
HB 1369.
By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require additional information on certain lists of elec tors; to authorize certain absentee electors to make applications for absentee ballots by facsimile transmission.
The Senate has agreed to the House substitute to the following Bills of the Senate:
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.
SB 379. By Senators Kidd of the 25th, Deal of the 49th, Garner of the 30th and oth ers:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Georgia Register Act"; to provide for the publication of a Georgia Register and its governance by the Georgia Register Board; to provide for the membership, powers, duties, procedures, and operations of the board; to provide for the contents of the Georgia Regis ter to include certain information with respect to certain proposed, pending, and adopted governmental actions and certain other material.
MONDAY, MARCH 30, 1992
3843
SB 384. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th:
A bill to amend Code Section 15-6-93, relating to office hours of the clerks of the superior courts, so as to change the provisions relating to office hours.
SB 484. By Senators Newbill of the 56th and Clay of the 37th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Anno tated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.
SB 564. By Senator 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 provide for the regulation of medicare supplement insurance; to provide definitions; to provide for the applicability and scope of the chapter; to provide standards for policy provisions; to pro vide authority to promulgate rules and regulations; to provide authority for the Commissioner to issue reasonable regulations to establish minimum stan dards for loss ratios.
SB 643. By Senators Ragan of the 32nd and Moye of the 34th:
A bill to amend Code Section 40-5-172 of the Official Code of Georgia Anno tated, relating to issuance of handicapped identification cards, so as to pro vide for the issuance of a handicapped identification card to any woman who is at least six months pregnant; to provide for procedures and fees.
SB 660. By Senators Kidd of the 25th and Foster of the 50th:
A bill to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to change the provisions relating to the general powers of regional development centers; to expand the powers of such centers; to provide an effective date.
SB 701. By Senators Edge of the 28th, Garner of the 30th, Deal of the 49th and oth ers:
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 restrictions on the assignment of adverse experience modification factors to rates for policies of workers' com pensation insurance issued to certain business entities; to provide for rules and regulations.
SB 724. By Senator 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 provide for approval of assumption reinsurance agreements; to provide definitions; to provide for notice require ments to policyholders; to provide for notice to the Commissioner of Insur ance; to provide for the transfer of risks or obligations under an insurance contract following policyholder consent.
3844
JOURNAL OF THE HOUSE,
SB 725. By Senators Hammill of the 3rd, Echols of the 6th, Perry of the 7th and others:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to provide for authority of the Department of Natural Resources; to make certain provisions relative to the membership of the Shore Assistance Committee; to provide powers of the Shore Assistance Committee.
SB 769. By Senators Foster of the 50th, Scott of the 36th, Tate of the 38th and oth ers:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to change certain definitions; to amend the authority of the State Board of Education; to provide prerequisites for attaining demonstration program status; to provide for advisory committees.
SB 790. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Anno tated, known as "The Patient Cost of Care Act," so as to change the defini tion of certain terms; to provide a rebuttable presumption that the full cost of care shall be imposed initially; to change the definition of the term "patient"; to provide for the possibility of a charge to one who is cared for or treated in a facility which is under the jurisdiction of the Department of Human Resources but which may not be a hospital.
SB 811. By Senators Starr of the 44th and Garner of the 30th:
A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Anno tated, relating to community services for the mentally retarded, so as to change certain provisions relating to the duty of county boards of health to provide certain community services and the duties of district health depart ments with respect to mentally retarded individuals; to change certain provi sions relating to the duty of the Department of Human Resources to provide certain assistance to county boards of health.
The Senate has agreed to the House amendment to the following Bills of the Senate:
SB 487. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to habitual violators, so as to provide for the offense of habit ual impaired driving; to provide for penalties; to change certain requirements for issuance of a probationary license; to require a criminal history check of an applicant for a probationary license.
SB 693. By Senators Perdue of the 18th, Johnson of the 47th and Garner of the 30th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to regulation of hospitals and other health care facilities, so as to provide that the Department of Human Resources shall promulgate procedures to govern the granting of waivers for personal care homes.
MONDAY, MARCH 30, 1992
3845
SB 713. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, as amended, so as to provide that whenever the judges of the recorder's court require the services of an additional judge, they shall first request a senior judge to perform such services.
SB 723. By Senator Pollard of the 24th:
A bill to amend Code Section 34-9-152 of the Official Code of Georgia Anno tated, relating to the application to the Commissioner of Insurance for a cer tificate of authority to establish a workers' compensation group self-insurance fund, so as to impose restrictions on the ability of counties and municipali ties to create such funds; to provide an effective date.
The Senate has passed by the requisite constitutional majority the following Bills of the House:
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.
HB 1385.
By Representatives Patten of the 149th and Dobbs of the 74th:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Man agement Act," so as to provide a further statement of policy; to define cer tain terms; to provide certain powers and duties of the Board of Natural Resources.
HB 1397.
By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to reduce certain time periods in which certain property is presumed aban doned; to reduce the time period in which certain persons are presumed to have died.
HB 1594.
By Representative Cummings of the 17th:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Anno tated, relating to reestablishment of creditable service in the Teachers Retirement System of Georgia by persons who have withdrawn their contri butions, so as to provide that such creditable service may be reestablished a portion at a time.
HB 1646.
By Representative Dunn of the 73rd:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, so as to provide for the filing of rate modifications on individual accident and sickness poli cies with the Commissioner of Insurance; to provide for the filing of loss ratio guarantees with the Commissioner.
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JOURNAL OF THE HOUSE,
HB 1692.
By Representatives Ashe of the 25th, Thomas of the 69th, Pettit of the 19th, Campbell of the 23rd, Oliver of the 53rd and others:
A bill to amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to provide that an authority established pursuant to this article is empowered to extinguish school district taxes on properties acquired by the authority.
HB 1739.
By Representatives Dover of the llth, Lee of the 72nd, Kilgore of the 42nd, Coleman of the 118th, Walker of the 115th and others:
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 provide for the nonrecognition of gain with respect to certain sales or exchanges of a personal residence.
HB 2081.
By Representative Perry of the 5th:
A bill to provide that the governing authority of the City of Summerville may conduct a nonbinding referendum on the question of whether to abolish the position of city manager and adopt the position of a full-time mayor.
HB 2086. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend the "Douglasville-Douglas County Water and Sewer Author ity Act," so as to provide for additional powers of the Authority with respect to certain contracts, agreements, leases, or other instruments.
HB 2087.
By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglas County Community Improve ment Districts Act," so as to provide for the activation of community improvement districts which include areas within the incorporated area of the City of Douglasville.
HB 2090.
By Representative Balkcom of the 140th:
A bill to amend an Act creating a Board of Commissioners of Early County, so as to change the provisions relating to the commissioner districts in said county.
HB 2091.
By Representative Birdsong of the 104th:
A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Wilkinson County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.00.
HB 1733.
By Representatives Purcell of the 129th, Barfoot of the 120th, Bates of the 141st and Long of the 142nd:
A bill to amend Code Section 36-62-4 of the Official Code of Georgia Anno tated, relating to development authorities created by local resolution, so as to provide that in certain counties the board of directors of development authorities created by constitutional amendment may assume the powers and responsibilities of a development authority created by local resolution pursu ant to general law.
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3847
HB 1817.
By Representatives Redding of the 50th, Alford of the 57th, Teper of the 46th, Oliver of the 53rd and Thomas of the 55th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Anno tated, relating to the powers of county boards of health, so as to authorize county boards of health in each county in this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census to develop and implement programs for the preven tion of injuries and incorporate injury prevention measures in rules and regu lations.
HB 1878.
By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend Code Section 48-5-148 of the Official Code of Georgia Anno tated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to popula tion brackets and the census relative to interest on unpaid ad valorem taxes in certain counties.
HB 1882. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to regulation of sales of alcoholic beverages on Sunday, so as to change the population bracket.
HB 2042.
By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th, Martin of the 26th, Townsend of the 24th and others:
A bill to amend Code Section 48-5-24 of the Official Code of Georgia Anno tated, relating to payment of ad valorem taxes to counties, so as to revise the population figures describing counties in which taxes are due on August 15, delinquent after October 15, interest accrues on delinquent taxes and pen alty, and tax collectors issue executions for delinquent taxes, penalties, and interest.
HB 2043.
By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th, Martin of the 26th, Townsend of the 24th and others:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change the population figures describing the counties in which 4 percent commission is allowed for collection of intangible recording tax.
HB 2057.
By Representatives Cauthorn of the 20th, Aiken of the 21st, Coker of the 21st, Vaughan of the 20th, Atkins of the 21st and others:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions for elections and primaries, so as to provide for inclusion on the ballot the name of the person designated as chief deputy by candidates for clerk of the state court of certain counties.
The following Resolution of the House was read and adopted:
HR 1183. By Representative Murphy of the 18th: A resolution commending Honorable William "Pete" Bridges.
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By unanimous consent, all House Bills and Resolutions requiring further action by the Senate were ordered immediately transmitted to the Senate.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
HB 2078. By Representative Floyd of the 135th:
A bill to amend an Act establishing the membership of the Board of Educa tion of Dooly County, so as to provide new education districts for the elec tion of members of the board.
The following Senate substitute was read:
A BILL
To amend an Act establishing the membership of the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended by an Act approved April 9, 1981 (Ga. L. 1981, p. 4463), so as to provide new education districts for the elec tion of members of the board; to provide for definitions and inclusions; to provide that current members of the board shall serve for terms consistent with and from districts pro vided in the order of the United States District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER; to provide for related matters; to provide for the election of successors to the current members of the board; to provide for submission of this Act to the United States Attorney General for approval; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candi dates and certain notices of candidacy in the event of a certain contingency; to provide for a special primary, run-off election, and election; to provide for legislative intent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the membership of the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended by an Act approved April 9, 1981 (Ga. L. 1981, p. 4463), is amended by striking Section 1 in its entirety and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) The board of education of Dooly County shall be composed of five members. For the purposes of electing the members of the board of education, the Dooly County school district shall be divided into five education districts described as follows:
Education District: 1
DOOLY COUNTY VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 104, 105, 106, 107, 109, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 148, 149, 158, 159, 172, 173, 178, 180, 181, 182, 183, 188, 189 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 122, 124, 147, 150, 151, 152, 153, 154, 155, 156, 157, 160, 161, 162, 163, 164, 165, 171, 201 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 176, 330A, 331A, 336, 341, 342, 343, 344, 345, 346, 348, 349, 351, 355, 361, 362B, 364, 365, 366, 367A, 368, 369, 370, 371,
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372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384A, 384B, 389A Tract: 9703. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 123, 125, 126, 127 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 137A, 137B, 138A, 138B, 138C, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151A, 151B, 152, 153, 154, 155, 156, 157, 158, 159, 172, 173, 174, 175, 195, 196, 197A, 197B, 201A, 201B, 202B, 228B, 229A, 229B, 231, 233, 234, 279A, 279B, 280B, 283, 284, 302B, 303B, 304B, 305, 306, 307, 337, 338, 339, 340, 347
Education District: 2
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 313B, 316, 317, 318, 319, 320, 321, 323, 324, 325, 326, 327, 343B, 344B, 345B VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 301, 302, 303, 304, 305, 306, 307, 312 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 209, 210, 211, 216, 217, 218, 219, 220, 221, 222, 265, 266, 267, 268, 269, 270, 272, 312 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 320, 325, 326, 327, 328, 329, 330B, 331B, 332A, 332B, 333, 334A, 334B, 335A, 362A, 363, 367B, 385, 386, 387A, 387B, 388, 389B, 390, 391, 392, 393, 394, 395, 396, 397 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 127, 128, 129, 130, 131, 132, 134, 135, 136, 202A, 203, 204, 205, 206, 207, 208, 223, 224, 225, 226, 227, 228A, 228C, 230A, 230B, 232, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259A, 259B, 260, 261, 262, 263, 264, 273, 274, 275, 276, 277, 278, 280A, 281, 282, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302A, 303A, 304A, 308, 309, 310, 311, 317, 318, 319, 335B
Education District: 3
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 218, 219, 221A, 221B, 222B, 223, 224B, 225, 226B, 313A, 314, 315, 330, 331, 333, 336, 337, 338, 339, 340, 341A, 341B, 342, 343A, 344A, 345A, 346, 347, 348, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 389, 390, 391, 392, 393, 394, 426B, 429B, 440B, 443B, 444, 449B, 450B, 451B, 454, 455, 456, 509, 510, 511, 512, 513, 514, 515B, 522, 523A, 523B,
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524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580B, 581, 582, 583, 584, 585, 586 VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 174, 175, 176, 177, 179, 184, 185, 186, 187, 190, 191, 192, 193, 194, 195, 196, 501, 502, 503, 504, 505, 506, 507, 508, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 557, 561 VTD: 0004 DRAYTON 633 (Part) Tract: 9703. Block(s): 352, 353, 355, 358, 359, 360, 362, 363, 364, 365, 366, 367, 381, 386, 387, 388, 395, 396, 397 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 217
Education District: 4
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 222A, 224A, 226A, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426A, 427, 428, 429A, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 441, 442, 443A, 445, 446, 447, 448, 449A, 450A, 451A, 452, 453, 515A, 516, 517, 518, 519, 520, 521, 580A, 587, 588, 589
Education District: 5
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 311, 322, 328, 329, 334 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 280, 281, 282, 283, 284, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 354, 356, 357, 361 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 212, 213, 214, 215, 271, 313, 314, 315, 316, 321, 322, 323, 324 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 117, 201, 203, 204, 205, 206, 207A, 207B, 208, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 255, 256A, 256B, 257, 258, 259A, 259B, 260, 261, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 274A VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
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3851
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(5) Any part of the Dooly County school district which is not included in any edu cation district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of the Dooly County school district which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows:
"Section 4. The board of education created by Section 2 of this Act shall become effective on January 1, 1993. The initial and subsequent members of said board shall be as follows:
(1) Effective January 1, 1993, the members representing Education Districts 2 and 4 shall be the former members representing Education Districts 2 and 4, who were elected at the general election of 1990 pursuant to the order of the District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER, entered Sep tember 26, 1986. Said members shall complete the terms of office to which they were elected, which shall expire on December 31, 1996. Effective January 1, 1993, the mem ber representing Education District 3 shall be the former member representing Educa tion District 3, who was elected at the general election in 1988 pursuant to the order of the District Court for the Middle District of Georgia in Civil Action No. 86-95ALB-AMER, entered September 26, 1986. Said member shall complete the term of office to which he was elected, which will expire on December 31, 1994. Successors to such members and future successors shall be elected at the general election immedi ately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of six years and until their successors are elected and qualified.
(2) Candidates to represent Education Districts 1 and 5 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Members to represent such education districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of six years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms and shall take office on the first day of January immediately following their election for terms of six years and until their successors are elected and qualified."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Dooly County to submit this Act to the United States Attorney General for approval. If, as of July 1, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in
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its entirety. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before July 1, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of member of the board of education in the general primary; (2) notices of candidacy for the office of member of the board of education in the general election; and (3) notices of intention of candidacy for the office of member of the board of education by write-in can didates. The election superintendent of Dooly County may refund any qualifying fee paid by any candidate whose certification, notice of candidacy, or notice of intention was voided pursuant to this section. Only candidates who have been certified by a political party as qualified for party nomination for the office of member of the board of education in the special primary shall be eligible to run in the special primary; only candidates nominated for the office of member of the board of education in the special primary, candidates who have filed notices of candidacy for the office of member of the board of education in the special election, and write-in candidates for whom notice of intent of candidacy for the office of member of the board of education has been given shall be eligible to run in the special election for the office of member of the board of education.
Section 4. (a) The election superintendent shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call therefor as provided by law. If necessary, a special primary run-off election shall be held as provided by law; the election superintendent shall conduct a special election on the date of the general election in November, 1992, after issuing the call therefor as provided by law.
(b) Candidates for members of the board of education to represent Education Dis tricts 1 and 5, as such districts are described in this Act, shall be nominated in the special primary. Board of education members to represent such districts shall be elected at the special election to be held on the date of the general election.
Section 5. It is the purpose of this Act to reapportion the districts from which mem bers of the Board of Education of Dooly County are to be elected in the special election to be held on the same date as the general election in 1992 and in subsequent general elec tions and results from changes in population based on the United States decennial census of 1990. It is not the intention of the General Assembly to affect the membership of cur rent members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Floyd of the 135th moved that the House agree to the Senate substi tute to HB 2078.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 2080.
By Representative Floyd of the 135th:
A bill to amend an Act creating a board of commissioners of Dooly County, so as to provide districts from which the members of the Board of Commis sioners of Dooly County shall be elected.
The following Senate substitute was read:
A BILL
To amend an Act creating a board of commissioners of Dooly County, approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3703), so as to provide districts from which the members of the
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3853
Board of Commissioners of Dooly County shall be elected; to provide for definitions and inclusions; to provide that current members of the board shall serve for the terms and from the districts provided in the order of the United States District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER; to provide for related matters; to provide for the election of successors to the current members of the board; to provide for submission of this Act to the United States Attorney General for approval; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of politi cal party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a special primary, run-off election, and election; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a Board of Commissioners of Dooly County, approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3703), is amended by striking Section 2 in its entirety and insert ing in its place a new Section 2 to read as follows:
"Section 2. (a) The Board of Commissioners of Dooly County shall be composed of five members. For the purpose of electing the members of the Board of Commissioners of Dooly County, Dooly County shall be divided into five commissioner districts described as follows:
Commissioner District: 1
DOOLY COUNTY VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 104, 105, 106, 107, 109, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 148, 149, 158, 159, 172, 173, 178, 180, 181, 182, 183, 188, 189 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 122, 124, 147, 150, 151, 152, 153, 154, 155, 156, 157, 160, 161, 162, 163, 164, 165, 171, 201 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 176, 330A, 331A, 336, 341, 342, 343, 344, 345, 346, 348, 349, 351, 355, 361, 362B, 364, 365, 366, 367A, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384A, 384B, 389A Tract: 9703. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 123, 125, 126, 127 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 137A, 137B, 138A, 138B, 138C, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151A, 151B, 152, 153, 154, 155, 156, 157, 158, 159, 172, 173, 174, 175, 195, 196, 197A, 197B, 201A, 201B, 202B, 228B, 229A, 229B, 231, 233, 234, 279A, 279B, 280B, 283, 284, 302B, 303B, 304B, 305, 306, 307, 337, 338, 339, 340, 347
Commissioner District: 2
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part)
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Tract: 9703. Block(s): 313B, 316, 317, 318, 319, 320, 321, 323, 324, 325, 326, 327, 343B, 344B, 345B
VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 301, 302, 303, 304, 305, 306, 307, 312
VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 209, 210, 211, 216, 217, 218, 219, 220, 221, 222, 265, 266, 267, 268, 269, 270, 272, 312
VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 320, 325, 326, 327, 328, 329, 330B, 331B, 332A, 332B, 333, 334A, 334B, 335A, 362A, 363, 367B, 385, 386, 387A, 387B, 388, 389B, 390, 391, 392, 393, 394, 395, 396, 397
VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 127, 128, 129, 130, 131, 132, 134, 135, 136, 202A, 203, 204, 205, 206, 207, 208, 223, 224, 225, 226, 227, 228A, 228C, 230A, 230B, 232, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259A, 259B, 260, 261, 262, 263, 264, 273, 274, 275, 276, 277, 278, 280A, 281, 282, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302A, 303A, 304A, 308, 309, 310, 311, 317, 318, 319, 335B
Commissioner District: 3
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 218, 219, 221A, 221B, 222B, 223, 224B, 225, 226B, 313A, 314, 315, 330, 331, 333, 336, 337, 338, 339, 340, 341A, 341B, 342, 343A, 344A, 345A, 346, 347, 348, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 389, 390, 391, 392, 393, 394, 426B, 429B, 440B, 443B, 444, 449B, 450B, 451B, 454, 455, 456, 509, 510, 511, 512, 513, 514, 515B, 522, 523A, 523B, 524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580B, 581, 582, 583, 584, 585, 586 VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 174, 175, 176, 177, 179, 184, 185, 186, 187, 190, 191, 192, 193, 194, 195, 196, 501, 502, 503, 504, 505, 506, 507, 508, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 557, 561 VTD: 0004 DRAYTON 633 (Part) Tract: 9703. Block(s): 352, 353, 355, 358, 359, 360, 362, 363, 364, 365, 366, 367, 381, 386, 387, 388, 395, 396, 397 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 217
Commissioner District: 4
DOOLY COUNTY
MONDAY, MARCH 30, 1992
. 3855
VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 222A, 224A, 226A, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426A, 427, 428, 429A, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 441, 442, 443A, 445, 446, 447, 448, 449A, 450A, 451A, 452, 453, 515A, 516, 517, 518, 519, 520, 521, 580A, 587, 588, 589
Commissioner District: 5
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 311, 322, 328, 329, 334 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 280, 281, 282, 283, 284, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 354, 356, 357, 361 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 212, 213, 214, 215, 271, 313, 314, 315, 316, 321, 322, 323, 324 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 117, 201, 203, 204, 205, 206, 207A, 207B, 208, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 255, 256A, 256B, 257, 258, 259A, 259B, 260, 261, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 274A VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(5) Any part of Dooly County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of Dooly County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district
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contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Each candidate for election as commissioner must be a resident of the district he seeks to represent at the time he qualifies as a candidate. The election of each commis sioner shall be by the voters of the district represented only."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows:
"Section 4. The board of commissioners created by Section 2 of this Act shall become effective on January 1, 1993. The initial and subsequent members of said board shall be as follows:
(1) Effective January 1, 1993, the commissioners representing Commissioner Dis tricts 2 and 4 shall be the former commissioners representing Commissioner Districts 2 and 4, who were elected at the general election of 1990 pursuant to the order of the District Court for the Middle District of Georgia in Civil Action No. 86-95-ALBAMER, entered September 26, 1986. Said commissioners shall complete the terms of office to which they were elected, which shall expire on December 31, 1996. Effective January 1, 1993, the commissioner representing Commissioner District 5 shall be the former commissioner representing Commissioner District 5, who was elected at the general election in 1988 pursuant to the order of the District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER, entered September 26, 1986. Said commissioner shall complete the term of office to which he was elected, which will expire on December 31, 1994. Successors to such members and future suc cessors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of six years and until their successors are elected and qualified.
(2) Candidates to represent Commissioner Districts 1 and 3 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Commissioners to represent such commissioner districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of six years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immedi ately preceding the expiration of terms and shall take office on the first day of Janu ary immediately following their election for terms of six years and until their successors are elected and qualified."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Dooly County to submit this Act to the United States Attorney General for approval. If, as of July 1, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before July 1, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of commissioner in the general primary; (2) notices of candidacy for the office of commis sioner in the general election; and (3) notices of intention of candidacy for the office of commissioner by write-in candidates. The election superintendent of Dooly County may refund any qualifying fee paid by any candidate whose certification, notice of candidacy, or notice of intention was voided pursuant to this section. Only candidates who have been certified by a political party as qualified for party nomination for the office of commis sioner in the special primary shall be eligible to run in the special primary; only candidates nominated for the office of commissioner in the special primary, candidates who have filed notices of candidacy for the office of commissioner in the special election, and write-in candidates for whom notice of intent of candidacy for the office of commissioner has been given shall be eligible to run in the special election for the office of commissioner.
Section 4. (a) The election superintendent shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call therefor as provided by
MONDAY, MARCH 30, 1992
3857
law. If necessary, a special primary run-off election shall be held as provided by law; the election superintendent shall conduct a special election on the date of the general election in November, 1992, after issuing the call therefor as provided by law.
(b) Candidates for commissioners to represent Commissioner Districts 1 and 3, as such districts are described in this Act, shall be nominated in the special primary. Com missioners to represent such districts shall be elected at the special election to be held on the date of the general election.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Floyd of the 135th moved that the House agree to the Senate substi tute to HB 2080.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 1843. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to amend an Act providing for the election of members to the Burke County board of education, so as to change the composition of the education districts.
The following Senate substitute was read:
A BILL
To amend an Act providing for the election of members to the Burke County board of education, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of members to the Burke County board of education, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) The board of education of Burke County shall be composed of five members, to be elected as provided in this Act. For the purpose of electing members of the board of education, Burke County is divided into five education districts as fol lows:
Education District: 1
BURKE COUNTY VTD: 0003 GOUGH VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 106, 107, 108A, 108B, 204A, 205, 206A, 206B, 207A, 207B, 207C, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232A, 232B, 232C, 233, 234, 235, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 270, 271, 273, 274, 275, 276, 277, 278A, 278B, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0006 MIDVILLE VTD: 0009 SCOTTS CROSSROAD
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VTD: 0011 ST CLAIR VTD: 0012 VIDETTE
Education District: 2
BURKE COUNTY VTD: 0014 NORTH WAYNESBORO
Education District: 3
BURKE COUNTY VTD: 0004 GREENS CUT AND FOUR POINTS VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 201, 202, 203, 204B, 236, 237, 238, 239, 240, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 272 VTD: 0010 SHELLBLUFF (Part) Tract: 9501. Block(s): 101, 102, 103, 115, 116, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 136, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 169B, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 183, 184, 185, 186, 187, 188, 193
Education District: 4
BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0010 SHELLBLUFF (Part) Tract: 9501. Block(s): 134, 135, 152, 181, 182, 194, 195, 196, 197 Tract: 9506. Block(s): 107, 108, 122 VTD: 0015 SOUTH WAYNESBORO (Part) Tract: 9505. Block(s): 182, 412, 434, 435
Education District: 5
BURKE COUNTY VTD: 0015 SOUTH WAYNESBORO (Part) Tract: 9503. Block(s): 174, 181, 182 Tract: 9504. Block(s): 228B, 229, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 257, 258, 259, 260, 261, 262, 263, 264, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111A, 111B, 112, 113A, 113B, 114, 115, 116, 117, 118A, 118B, 119, 120A, 120B, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151A, 151B, 151C, 152A, 152B, 153, 154, 155, 156A, 156B, 156C, 157, 158A, 158B, 158C, 159,
MONDAY, MARCH 30, 1992
3859
160, 161, 162, 163, 164, 165, 166A, 166B, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 183, 184, 185, 186, 187, 188, 189, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316, 317A, 317B, 318, 319A, 319B, 320, 321, 322A, 322B, 323, 324A, 324B, 325A, 325B, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 405, 406, 407, 408, 409, 410, 411, 413, 438B, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 451, 484, 485, 486, 487, 488
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Burke County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(5) Any part of Burke County which is described in this section as being included in a particular education district shall nevertheless not be included within such educa tion district if such part is not contiguous to such education district. Such noncontigu ous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia. (c) Education Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall con tinue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
Section 2. Said Act is further amended by striking Section 4 and inserting in its place a new Section 4 to read as follows:
"Section 4. (a) The members of the board of education in office on January 1, 1992, representing former Education Districts 1, 2, and 5 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board shall be elected from Education Districts 1, 2, and 5 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
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(b) The members of the board of education in office on January 1, 1992, representing former Education Districts 3 and 4 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Education Districts 3 and 4 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(c) Members elected under this Act shall be elected in a nonpartisan primary and nonpartisan election in the same manner as specified for nonpartisan election of judicial officers and pursuant to Code Section 21-2-139 of the O.C.G.A."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Burke County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Godbee of the 110th moved that the House disagree to the Senate sub stitute to HB 1843.
The motion prevailed.
HB 1844. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the composition of the commissioner districts.
The following Senate substitute was read:
A BILL
To amend an Act creating the board of commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney Gen eral for certain approval; to provide for automatic repeal of this Act under certain circum stances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) There shall be a board of commissioners of Burke County which shall consist of five members. For the purpose of electing members of the board of commis sioners, Burke County is divided into five commissioner districts as follows:
Commissioner District: 1
BURKE COUNTY VTD: 0003 GOUGH VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 106, 107, 108A, 108B, 204A, 205, 206A, 206B, 207A, 207B, 207C, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228,
MONDAY, MARCH 30, 1992
3861
229A, 229B, 230, 231, 232A, 232B, 232C, 233, 234, 235, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 270, 271, 273, 274, 275, 276, 277, 278A, 278B, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0006 MIDVILLE VTD: 0009 SCOTTS CROSSROAD VTD: 0011 ST CLAIR VTD: 0012 VIDETTE
Commissioner District: 2
BURKE COUNTY VTD: 0014 NORTH WAYNESBORO
Commissioner District: 3
BURKE COUNTY VTD: 0004 GREENS CUT AND FOUR POINTS VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 201, 202, 203, 204B, 236, 237, 238, 239, 240, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 272 VTD: 0010 SHELLBLUFF (Part) Tract: 9501. Block(s): 101, 102, 103, 115, 116, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 136, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 169B, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 183, 184, 185, 186, 187, 188, 193
Commissioner District: 4
BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0010 SHELLBLUFF (Part) Tract: 9501. Block(s): 134, 135, 152, 181, 182, 194, 195, 196, 197 Tract: 9506. Block(s): 107, 108, 122 VTD: 0015 SOUTH WAYNESBORO (Part) Tract: 9505. Block(s): 182, 412, 434, 435
Commissioner District: 5
BURKE COUNTY VTD: 0015 SOUTH WAYNESBORO (Part) Tract: 9503. Block(s): 174, 181, 182 Tract: 9504. Block(s): 228B, 229, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 257, 258, 259, 260, 261, 262, 263, 264, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9505.
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Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111A, 111B, 112, 113A, 113B, 114, 115, 116, 117, 118A, 118B, 119, 120A, 120B, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151A, 151B, 151C, 152A, 152B, 153, 154, 155, 156A, 156B, 156C, 157, 158A, 158B, 158C, 159, 160, 161, 162, 163, 164, 165, 166A, 166B, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 183, 184, 185, 186, 187, 188, 189, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316, 317A, 317B, 318, 319A, 319B, 320, 321, 322A, 322B, 323, 324A, 324B, 325A, 325B, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 405, 406, 407, 408, 409, 410, 411, 413, 438B, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 451, 484, 485, 486, 487, 488
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Burke County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Burke County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section.
(d) The members of the board of commissioners in office on January 1, 1992, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, the members of the board of commissioners shall be elected pursuant to this Act and
MONDAY, MARCH 30, 1992
3863
shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(e) All primaries and elections under this Act shall be held in accordance with Chap ter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(f) In order to be eligible for election to the board, candidates must be at least 28 years of age and must have been residents of the districts they seek to represent for at least one year next preceding the date of the general election. Commissioners shall be elected by the voters of the district they represent and candidates shall designate by commissioner district number the position they are seeking."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Burke County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Godbee of the 110th moved that the House disagree to the Senate sub stitute to HB 1844.
The motion prevailed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1184.
By Representatives Murphy of the 18th, Groover of the 99th, Lee of the 72nd and Connell of the 87th:
A resolution directing the Ethics and Official Conduct Subcommittee of the House Rules Committee to formulate certain ethics rules.
HR 1185. By Representative Holland of the 136th:
A resolution commending Robert Lee Toomer, Jr., 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 Resolutions of the Senate were taken up for consideration and read the third time:
SB 579. By Senator Edge of the 28th:
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 to persons com pleting defensive driving courses or alcohol or drug programs, so as to change the provisions relating to reduction of an accumulated point count upon com pletion of a course; to change certain time limits.
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 Ashe Y Atkins
Y Baker Y Balkcom Y Barfoot
Y Bargeron Y Barnett.B
Barnett.M
Y Bates Y Beatty Y Benefield
3864
JOURNAL OF THE HOUSE,
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 Cauthorn
Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark,E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis,G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel
Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore
King Y Kingston Y Klein YLadd Y Lane.D
Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas YMann Y Martin
Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt YMilam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
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 Presley 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
Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley 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
Valenti
Y Vaughan Walker,J Walker.L
Y Wall
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.
Representatives Lane of the lllth, Thomas of the 31st, Abernathy of the 39th and Dunn of the 73rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SR 431. By Senators Ragan of the 10th, Perdue of the 18th, Foster of the 50th and others:
A resolution creating the special Study Commission on Postsecondary Tech nical and Adult Education Finance.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the special Study Commission on Postsecondary Technical and Adult Educa tion Finance; and for other purposes.
WHEREAS, there are 28 technical institutes owned and operated by the State of Georgia and governed by a 15 member State Board of Technical and Adult Education; and
WHEREAS, since the inception of the agency in 1986, the State Department of Tech nical and Adult Education has effectively developed a unified system of technical and adult education resulting in a vastly improved program of service delivery for the citizens of Georgia; and
WHEREAS, enrollment in the state's technical institutes has reached record levels with virtually every institute operating at or exceeding its capacity which has resulted in denying training opportunities to hundreds of students due to inadequate space and lack of instructors; and
MONDAY, MARCH 30, 1992
3865
WHEREAS, while only 25 percent of Georgia's students receive a high school diploma and a college degree, the remaining 75 percent drop out before completing a college degree program; and
WHEREAS, most of the 75 percent of Georgia's students who drop out prior to com pletion of a college degree will need specific occupational training in order to be employ able in the workforce of the future; and
WHEREAS, through the department's Adult Literacy program, thousands of high school dropouts, as well as individuals employed by Georgia businesses, are participating in G.E.D. education renewal, basic education, occupational diploma and associate degree programs; and
WHEREAS, Georgia's ability to compete in a global economy depends primarily on providing a highly skilled technically trained workforce that meets the needs of the employers and is adaptable to a changing workplace; and
WHEREAS, an investment in the education and training of the state's workforce pro motes and enhances the economic vitality of every Georgia community; and
WHEREAS, the Department of Technical and Adult Education is the only state edu cation agency which has no formula-based funding criteria applied to its annual appropria tion and receives less than 3.5 percent of the total state budget for education; and
WHEREAS, the lack of a funding formula continues to have an adverse effect on the Department of Technical and Adult Education's ability to provide needed services due to spiraling operating costs, capital expansion required for new and expanding programs, additional instructors, maintenance, repair and renovation of existing facilities, equipment, and various other support functions; and
WHEREAS, it is in the best interests of the State of Georgia to maintain a high qual ity world class system of technical and adult education in response to the increasing train ing and educational needs of Georgia's citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a special study commission is created to define the needs of the State Department of Technical and Adult Education for state formula funding and to determine a way of addressing these needs. The study commission will consist of 16 members as fol lows:
(1) Eight members appointed by the Governor representing various business and economic development interests in Georgia, one of whom shall be designated by the Governor to serve as chairman of the commission;
(2) Two members of the House of Representatives appointed by the Speaker of the House of Representatives;
(3) Two members of the Senate appointed by the President of the Senate; and (4) Four officials or employees of the State Department of Technical and Adult Education appointed by the State Board of Technical and Adult Education.
BE IT FURTHER RESOLVED that the members of the commission shall receive the expenses and allowances provided by law for legislative members of interim legislative committees. The legislative members of the commission shall receive such expenses and allowances from funds appropriated or available to the Senate and House of Representa tives. The commission shall meet upon call of the chairman and is authorized to hold meetings and conduct studies at such times and places as the commission deems advisable in carrying out its duties; provided, however, the commission shall meet for not more than five days in carrying out its duties under this resolution. Except for the payment of expenses and allowances of legislative members of the commission, the funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the State Board of Technical and Adult Education and from donations to the commis sion received from private business interests in Georgia. The commission shall be autho rized to accept such donations to assist in funding the costs of carrying out the provisions
3866
JOURNAL OF THE HOUSE,
of this resolution. Any such donated funds which are not expended for the purposes of this resolution shall be refunded to the donors. The work of the commission will be facilitated by an independent staff coordinator with demonstrated knowledge and expertise in educa tion finance with support staff from the Governor's Office, the House of Representatives, and the Senate. The commission shall make a final report of its findings and recommenda tions and submit such report to the Governor on or before December 31, 1992. The com mission shall stand abolished on December 31, 1992.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken
Alford
Y Ashe Y Atkins
Baker
Y Balkcom Y Barfoot
Y Bargeron Y Barnett.B
Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Edwards Y Elliott
Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Oodbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover E Hamilton
Hammond Hanner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert 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
Lane,D Lane.R Y Langford Y Lawrence Y Lawson Lee YLong YLord Lucas
Y Mann Y Martin Y McBee 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
01iver,C Oliver.M YOrr Orrock
Y Padgett Y Parham Y Parrish
Y Patten Pelote
Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith,P
Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley 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
Valenti Y Vaughan Y Walker,J
Walker.L Y Wall 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, by substitute, the ayes were 141, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Representatives Abernathy of the 39th, Hammond of the 20th and Lane of the lllth stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SR 511. By Senator Gillis of the 20th:
A resolution creating the Joint Study Committee on State and Local Govern ment Environmental Enforcement Authority.
The following Committee substitute was read and adopted:
MONDAY, MARCH 30, 1992
3867
A RESOLUTION
Creating the Joint Study Committee on State and Local Government Environmental Enforcement Authority; and for other purposes.
WHEREAS, it is the policy of the state to provide for the protection of Georgia's land, water, and air resources; and
WHEREAS, numerous state laws and regulations have been enacted to assure that Georgia's environmental resources are adequately protected; and
WHEREAS, the authority and responsibility to enforce environmental laws and regu lations is shared between the Environmental Protection Division of the Department of Natural Resources and county and municipal governments; and
WHEREAS, continued growth and development in Georgia requires that the state's environmental protection laws and regulations provide the state and municipal and county governments with adequate, coordinated enforcement authority; and
WHEREAS, the authority and capacity of the Environmental Protection Division and municipal and county governments to enforce environmental laws and regulations are not consistent due to state constitutional and statutory limitations; and
WHEREAS, a comprehensive review of the authority and capacity of Georgia's state, county, and municipal governments to enforce state and federal environmental statutes and regulations and to prosecute, adjudicate, and impose penalties for violations of such statutes and regulations is needed to ensure that the state's environmental resources are adequately protected.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Committee on State and Local Government Environmental Enforcement Authority to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, three members of the Senate to be appointed by the President of the Senate, the commissioner of natural resources or his designee and the director of the administrative office of the courts, ex officio, and eight members from the public and private sectors to be appointed by the Governor. The members of the public and private sectors shall include two elected or appointed county officials, two elected or appointed municipal officials, one representa tive of the business community, one representative of an environmental organization, and two members from the public at large. The members of the committee shall elect a chair man, a vice chairman, and a secretary.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems enumerated above and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may con duct such meetings at such places and at such times as it may deem necessary or conve nient to enable it to exercise fully and effectively its powers, perform it duties, and accomplish the objectives and purposes of this resolution. All members of the committee except the executive and judicial branch members shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The executive and judicial branch members shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties from the funds of their respective branches. Except as other wise provided in this resolution, the funds necessary to carry out the provisions of this res olution shall come from the funds of the legislative branch of government. The committee shall make a report of findings and recommendations, with suggestions for proposed legis lation and funding, if any, on or before December 1, 1992. The committee shall stand abol ished on December 31, 1992.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
3868
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
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 Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark,L
Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings.B Y Cummings.M Y Davis.D
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
YFlynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin
Groover
E Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert
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 Lucas Y Mann Martin Y McBee
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 Pelote
Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W
Smyre YSnow Y Stancil,F Y Stancil.S
Stanley 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 Walker,J Walker.L
Y Wall
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, by substitute, the ayes were 150, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Representatives Coker of the 21st, Thomas of the 31st, Abernathy of the 39th and Dunn of the 73rd 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 601. By Senators Walker of the 22nd and Albert of the 23rd:
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 provisions relating to cer tificates of birth for adoptees from outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation.
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 Ashe Y Atkins
Y Baker
Y Balkcom Y Barfoot
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 Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks
MONDAY, MARCH 30, 1992
3869
Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth
Y Cummings,B Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Dobbs
Y Dover Dunn Edwards
Y Elliott
Y Felton
Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin
Y Groover E Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert 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 Lucas YMann Y Martin Y McBee 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
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley 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,? Y Smith.T
Y Smith.W
Smyre
YSnow
Y Stancil.F Y Stancil.S
Stanley
Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J Y Walker.L
Y Wall Watson Watts
Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representatives Thomas of the 31st, Stanley of the 33rd, Abernathy of the 39th and Dunn of the 73rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SR 514. By Senator Dawkins of the 45th:
A resolution urging the Supreme Court of Georgia to reconsider its rules gov erning admission to the practice of law.
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
Aiken
Y Alford Y Ashe
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter N Cauthorn Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Cummings.B
Y Cummings.M Y Davis,D
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
E Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert
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 Lord
Y Lucas YMann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B
McKinney.C
3870
JOURNAL OF THE HOUSE,
Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M N Orr
Orrock
Y Padgett Y Parham
Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag
Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Y Randall
Y Ray 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
Y Snow Y Stancil.F Y Stancil.S
Stanley
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
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 149, nays 2. The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Abernathy of the 39th and Thomas of the 31st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 1757. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to deannex and remove certain property from the corporate limits of the city.
The following Senate substitute was read:
A BILL
To amend an Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended by an Act approved March 30, 1989 (Ga. L. 1989, p. 4273), and an Act approved March 30, 1990 (Ga. L. 1990, p. 5114), so as to change the corporate limits of the city; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended by an Act approved March 30, 1989 (Ga. L. 1989, p. 4273), and an Act approved March 30, 1990 (Ga. L. 1990, p. 5114), is amended by adding at the end of Appendix A the following:
"The following described property shall also be included within the corporate limits of the City of Lawrenceville:
All that tract or parcel of land lying and being in Land Lots 83 & 84 of the 5th District, Gwinnett County, Georgia, being known as Lot 16 of Venable Valley Farms as per plat recorded at Plat Book 4, Page 244, Gwinnett County, Georgia Records, which plat is incorporated herein by reference. Said tract containing 5.185 acres, more or less.
Less and Except any portion of the property previously conveyed to Gwinnett County, in fee simple, for Right-of-Way purposes. Said parcel is designated Tax Parcel 5-84-37 according to the Gwinnett County Tax Maps."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
MONDAY, MARCH 30, 1992
3871
Representative Wall of the 61st moved that the House agree to the Senate substitute to HB 1757.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1163. By Representatives Pinkston of the 100th, Groover of the 99th, Randall of the 101st, Lucas of the 102nd, Elliott of the 103rd and others:
A resolution commending the Tattnall Square Academy Lady Trojans and inviting the team and coaches to appear and be recognized before the House of Representatives.
HR 1164.
By Representatives Pinkston of the 100th, Groover of the 99th, Randall of the 101st, Lucas of the 102nd, Elliott of the 103rd and others:
A resolution commending the Tattnall Square Academy Lady Trojans softball team and inviting them to appear and be recognized before the House of Representatives.
HR 1171.
By Representatives Martin of the 26th, Lee of the 72nd and Chambless of the 133rd:
A resolution commending Officer Joe R. Ledford, an Atlanta traffic police officer for 31 years; inviting him to appear before the House of Representa tives.
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 Bills of the House:
HB 2015.
By Representatives Wilder of the 21st, Sherrill of the 47th, Ashe of the 25th, Klein of the 21st, Vaughan of the 20th and others:
A bill to amend Code Section 3-3-24.1 of the Official Code of Georgia Anno tated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alcoholic beverages, so as to change the population figures describing counties prohibiting the entry of minors onto the premises of certain businesses engaged in the retail sale of alcoholic beverages unless accompanied by the minor's parent or guardian.
HB 2049.
By Representatives Breedlove of the 60th, Barnett of the 59th, Mobley of the 64th, Wall of the 61st and Orr of the 9th:
A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to reapportion the commissioner districts.
HB 2069. By Representatives Padgett of the 86th, Williams of the 90th and others:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.
3872
JOURNAL OF THE HOUSE,
HB 2099. By Representative Hanner of the 131st:
A bill to amend an Act creating a board of commissioners of Clay County, so as to provide new commissioner districts.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:
HB 2100. By Representative Birdsong of the 104th:
A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.
HB 2102. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Rutledge.
HB 2112. By Representatives Herbert of the 76th and Flynt of the 75th:
A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected mem bers of the Griffin-Spalding County Board of Education.
HB 2133. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor.
HB 2137. By Representative Streat of the 139th:
A bill to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, so as to reapportion the commissioner dis tricts.
HB 2138. By Representative Streat of the 139th:
A bill to amend an Act establishing a board of education of Coffee County, so as to reapportion the education districts.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 868. By Senator Moye of the 34th:
A bill to amend an Act creating a Board of Commissioners for Fayette County, as amended, so as to change the provisions relating to districts for elections; to eliminate militia districts; to formulate elective posts by voting precincts; to provide an effective date.
The Senate has disagreed to the House substitute to the following Bill of the Senate:
MONDAY, MARCH 30, 1992
3873
SB 545. By Senator Foster of the 50th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Anno tated, relating to legal defense of indigents, so as to create the office of the multicounty public defender; to define certain terms; to provide for the nature and powers of such office; to provide for the management of such office; to provide for the preparation of a budget and for payment of expenses of such office; to provide for the appointment of a multicounty public defender; to provide for staffing of such office.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1691.
By Representative Meadows of the 91st:
A bill to amend Code Section 16-12-4 of the Official Code of Georgia Anno tated, relating to cruelty to animals, so as to provide that failure to provide adequate food and water for cattle is cruelty to animals in the first degree.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:
SB 868. By Senator Moye of the 34th:
A bill to amend an Act creating a Board of Commissioners for Fayette County, as amended, so as to change the provisions relating to districts for elections; to eliminate militia districts; to formulate elective posts by voting precincts; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 2137.
By Representative Streat of the 139th:
A bill to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, so as to reapportion the commissioner dis tricts.
The following Senate amendment was read:
Amend the Committee substitute to HB 2137 by striking lines 19 and 20 of page 8 and inserting the following:
"special primary to be held on the date of and in conjunction with the general pri mary election in 1992. Members to represent such".
By striking line 4 of page 9 and inserting the following:
"the date of and in conjunction with the general primary election in 1992, after issuing the call".
By striking on lines 15 and 20 of page 9 the following:
"July 1",
and inserting the following:
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June 15".
Representative Streat of the 139th moved that the House agree to the Senate amend ment to HB 2137.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 2138. By Representative Streat of the 139th:
A bill to amend an Act establishing a board of education of Coffee County, so as to reapportion the education districts.
The following Senate amendment was read:
Amend the Committee substitute to HB 2138 by striking lines 10 and 11 of page 8 and inserting the following:
"primary to be held on the date of and in conjunction with the general primary elec tion in 1992. Members to represent such".
By striking line 27 of page 8 and inserting the following:
"the date of and in conjunction with the general primary election in 1992, after issuing the call".
By striking on lines 5 and 10 of page 9 the following:
"July 1",
and inserting the following:
"June 15".
Representative Streat of the 139th moved that the House agree to the Senate amend ment to HB 2138.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 2100.
By Representative Birdsong of the 104th:
A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.
The following Senate amendment was read:
Amend HB 2100 by striking from line 6 of page 2 the following: "except for", and inserting in lieu thereof the following: "including".
Representative Birdsong of the 104th moved that the House agree to the Senate amendemnt to HB 2100.
MONDAY, MARCH 30, 1992
3875
On the motion, the ayes were 110, nays 0. The motion prevailed.
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, MARCH 30, 1992
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 30, 1992, by adding the following:
SB 174 General Assembly; local bill ads; affidavit by author
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
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
HB 1125. By Representatives Poston of the 2nd, Fennel of the 155th, Orr of the 9th, Meadows of the 91st, Smith of the 16th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to create the State Ethics Commission; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying.
The President has appointed on the part of the Senate the following:
Senators Deal of the 49th, Hill of the 4th and Robinson of the 16th.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1490.
By Representatives Hamilton of the 124th, Thomas of the 69th, Kilgore of the 42nd and Walker of the 115th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide that certain expense and per diem provisions, organizational requirements, and certification and classification requirements apply to all local school superin tendents of county and independent school systems.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
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JOURNAL OF THE HOUSE,
HB 1899.
By Representative Twiggs of the 4th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to rates and underwriting rules, so as to provide for premium reduction for employees and their families attending approved employer pro vided courses.
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 1187. By Representatives Teper of the 46th, Poston of the 2nd, Fennel of the 155th, Holland of the 136th, Stancil of the 66th and others:
A resolution endorsing the goals and objectives of the Earth Summit and urging the President of the United States to join his counterparts from around the world at the Earth Summit.
Referred to the Committee on Natural Resources & Environment.
The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:
HB 2102. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Rutledge.
The following Senate amendment was read:
Amend HB 2102 by striking the comma on line 8 of page 4 following the word "hous ing".
By striking from line 28 of page 5 the following: "granter", and inserting in lieu thereof the following: "grantor". By striking from line 19 of page 34 the following: "professional", and inserting in lieu thereof the following: "profession".
Representative Stancil of the 66th moved that the House agree to the Senate amend ment to HB 2102.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The Speaker announced the House in recess until 2:00 o'clock, this afternoon.
MONDAY, MARCH 30, 1992
3877
AFTERNOON SESSION
The Speaker Pro Tern 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 Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1040 Do Pass SB 410 Do Pass, by Substitute SB 751 Do Pass, by Substitute
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 insists on its substitute to the following Bills of the House:
HB 1843. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to amend an Act providing for the election of members to the Burke County board of education, so as to change the composition of the education districts.
HB 1844. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the composition of the commissioner districts.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1290.
By Representatives Branch of the 137th, Kilgore of the 42nd, Harris of the 96th, Teper of the 46th and Lane of the lllth:
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 the licens ing and regulation of roofing contractors.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1812.
By Representatives Groover of the 99th, Kilgore of the 42nd, Walker of the 115th, Irwin of the 57th, Sinkfield of the 37th and others:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for personnel of local school systems.
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JOURNAL OF THE HOUSE,
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 2049.
By Representatives Breedlove of the 60th, Barnett of the 59th, Mobley of the 64th, Wall of the 61st and Orr of the 9th:
A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to reapportion the commissioner districts.
The following Senate substitute was read:
A BILL
To amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), and particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4691), so as to reapportion the commissioner districts; to provide for definitions and insertions; to provide that all members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), and particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4691), is amended by striking in its entirety Section 3 and inserting a new section to read as follows:
"Section 3. (a) The board of commissioners of Gwinnett County shall consist of four members and a chairperson. The chairperson shall be elected by the qualified voters of the entire county and may reside in any district in Gwinnett County, but each other candidate for membership on the board shall be a resident of the commissioner district created by this section which he or she offers to represent and shall be elected by the qualified voters of such district. The chairperson and members of the board of commis sioners shall be elected by a majority vote.
(b) For the purpose of electing members of the board of commissioners, Gwinnett County is divided into four commissioner districts as follows:
Commissioner District: 1.
GWINNETT COUNTY VTD: 0017 1564 VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 404A VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 119, 123, 124, 141, 176, 177, 178, 179, 180, 181, 182, 184, 185, 186, 189, 190 VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A
MONDAY, MARCH 30, 1992
3879
VTD: 0048 550B VTD: 0049 1604 VTD: 0052 1263C VTD: 0053 1263D VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B (Part)
Tract: 0505.02 Block(s): 105
Tract: 0505.03 Block(s): 113, 114, 115, 116A, 116B, 116C, 117, 120, 121, 122
VTD: 0069 544E VTD: 0074 404C
Commissioner District: 2
GWINNETT COUNTY VTD: 0004 405B VTD: 0009 405G (Part) Tract: 0504.12 Block(s): 801 VTD: 0034 406A VTD: 0035 406B (Part) Tract: 0504.07 Block(s): 101, 102, 103, 104, 105, 203, 205, 206, 207, 212 Tract: 0504.08 Block(s): 103, 104, 105, 106, 107, 108 VTD: 0036 406C VTD: 0037 406D VTD: 0038 406E VTD: 0039 406F VTD: 0040 406G VTD: 0041 406H VTD: 0042 4061 VTD: 0043 406J VTD: 0050 405H VTD: 0058 406L VTD: 0059 406M VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0070 406P VTD: 0071 406Q
Commissioner District: 3
GWINNETT COUNTY VTD: 0001 1295A VTD: 0002 1295B VTD: 0009 405G (Part) Tract: 0504.12 Block(s): 306, 307, 308, 601, 602, 603, 701, 702, 703, 704, 705, 706, 802, 803, 804, 901, 902, 903, 904, 905, 906 VTD: 0010 408A VTD: 0012 408C VTD: 0013 408D VTD: 0014 408E VTD: 0015 408F VTD: 0016 408G
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JOURNAL OF THE HOUSE,
VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0045 571A VTD: 0051 408H VTD: 0054 1578D VTD: 0065 4081 VTD: 0066 408J VTD: 0068 407F (Part)
Tract: 0507.05 Block(s): 118, 160A, 160C
VTD: 0072 571C VTD: 0076 57 ID VTD: 0077 571B
Commissioner District: 4
GWINNETT COUNTY VTD: 0003 405A VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0011 408B VTD: 0028 407A VTD: 0029 407B VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 138, 139, 142, 143, 144, 147, 148, 149, 150, 151, 152, 153, 154, 155, 162, 163, 164, 165, 166, 168, 169, 170, 171, 172, 173, 174, 175, 183, 201, 202, 203, 204, 205B, 207, 208, 209, 210, 212C, 213, 214B, 215B, 215C, 216, 220B, 221B, 221C, 222, 225B Tract: 0505.09 Block(s): 201B VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0035 406B (Part) Tract: 0504.07 Block(s): 201, 202, 204, 208, 209, 210, 211 VTD: 0055 407D (Part) Tract: 0505.03 Block(s): 205A, 206, 212A, 212B, 214A, 215A, 217A, 217B, 217C, 217D, 218, 219A, 219B, 219C, 220A, 221A, 221D, 225A Tract: 0505.08 Block(s): 201, 202, 203, 204, 205A, 205B, 205C, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Tract: 0505.09 Block(s): 201A, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222
VTD: 0056 407E
VTD: 0057 406K
VTD: 0067 404B (Part)
Tract: 0505.02
Block(s): 106, 117
Tract: 0505.03
Block(s): 118, 187, 188
MONDAY, MARCH 30, 1992
3881
VTD: 0068 407F (Part) Tract: 0505.08 Block(s): 801A, 801B, 801C, 801D, 801E, 801F, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 Tract: 0505.09 Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 118, 119A, 119B, 119C, 120A, 120B, 121, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 402, 403, 501, 502, 503, 601A, 601B, 601C, 602A, 602B, 603 Tract: 0507.05 Block(s): 120, 121, 162A, 162B, 163
VTD: 0073 408K VTD: 0075 406R VTD: 0078 544D
(c) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Gwinnett County which is not included in any commissioner dis trict described in this section shall be included within that commissioner district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Gwinnett County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) Notwithstanding those changes in descriptions of commissioner districts which become effective at the same time this section becomes effective and notwithstanding the district residency requirement for candidates in subsection (a) of this section, mem bers of the board serving on the effective date of this Act shall complete the term for which they were elected and until their successors are elected and qualified. (e) Effective on the first Monday in January, 1993, the members of the board repre senting Commissioner Districts 2 and 4 in accordance with the commissioner districts which become effective in 1993 shall be the former members of the board of commis sioners representing Commissioner Districts 2 and 4 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of commissioners so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first Monday in January, 1995, for terms of four years and until their successors are elected and qualified.
(f) The chairperson and members representing Commissioner Districts 1 and 3 shall be elected at the general election of 1992 and shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified.
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JOURNAL OF THE HOUSE,
(g) Successors to the chairperson and members elected under subsections (e) and (f) and future successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day in Janu ary immediately following their election for terms of four years and until their successors are elected and qualified.
(h) All elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of commissioners of Gwinnett County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 3. Except for the provisions of this Act relating to and necessary for the elec tion of the members of the board of commissioners of Gwinnett County in 1992, the provi sions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Breedlove of the 60th moved that the House agree to the Senate sub stitute to HB 2049.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:
SB 108. By Senator Timmons of the llth:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year.
The following Committee substitute was read and adopted:
A BILL
To amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to eligibility for retirement under the Teachers Retirement System of Geor gia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year; to provide conditions and requirements relative thereto; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to eligibility for retirement under the Teachers Retirement System of Geor gia, is amended by adding at the end thereof a new Code Section 47-3-102 to read as follows:
MONDAY, MARCH 30, 1992
3883
"47-3-102. (a) As used in this Code section, the term 'school year' means a regular school year which begins during or near September of one year and ends during or near June of the following year.
(b) Notwithstanding the provisions of subsection (a) of Code Section 47-3-101, a member employed pursuant to a contract for each school year who will attain 30 years of creditable service by not later than the thirty-first day of December of the ensuing school year shall be eligible to retire effective on the first day of September nearest to the opening date of the ensuing school year on the basis of 30 years of creditable service, subject to the following conditions and requirements:
(1) The member must apply for early retirement pursuant to the authority of this Code section to the board of trustees, with a copy of such application being sent to the member's employer, by not later than the first day of May immediately preceding the opening date of the ensuing school year; and
(2) The member must pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting early retirement as provided in this Code section. (c) The payment required by paragraph (2) of subsection (b) of this Code section shall be based on the compensation of the member which was in effect immediately pre ceding the opening date of the ensuing school year. For the purposes of determining average compensation in the computation of the retirement benefit under paragraph (2) of subsection (a) and subsection (d) of Code Section 47-3-120, the two consecutive years of creditable service shall include the period on which the payment required by para graph (2) of subsection (b) of this Code section is based, and the compensation for such period shall be the same as the compensation used for the determination of such pay ment. (d) The board of trustees shall certify to the applicant the amount of the payment required by paragraph (2) of subsection (b) of this Code section upon receiving an appli cation for early retirement under this Code section. The payment so certified must be paid in full by the applicant to the board prior to the date of retirement under this Code section."
Section 2. This Act shall become effective on July 1, 1992, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1992, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The 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 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
SB 639. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the wholesale distribution by out-of-state principal, so as to repeal certain provisions relating to contract for services in the state; to repeal the requirement that the principal contracts with a sales representative be in writing; to change the provisions relating to rights of sales representatives; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 630. By Senators English of the 21st, Hasty of the 51st, Ragan of the 10th and others:
A bill to amend Chapter 15 of Title 2 of the Official Code of Georgia Anno tated, known as the "Georgia Aquaculture Development Act," so as to pro vide for aquaculture registration; to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to change certain definitions; to change certain provisions relating to fish and the sale of fish by commercial fish hatcheries; to provide for other matters relating to fish and aquaculture.
The report 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.
The following communication was received:
Mr. Clerk:
I am being required to leave the Floor because of death in my family.
This 30 day of March 1992. Thank You,
/s/ Mary Young-Cummings
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration:
SB 672. By Senators Gillis of the 20th, Huggins of the 53rd, Marable of the 52nd and others:
A bill to amend Code Section 27-4-52 of the Official Code of Georgia Anno tated, relating to trout waters without seasons, so as to add certain streams; to delete one stream.
The following amendment was read and adopted:
Representatives Dover of the llth and Twiggs of the 4th move to amend SB 672 by striking on line 3 of page 4 the word "and" and inserting in lieu thereof the following:
By inserting on line 6 of page 4, following the symbol ";", the word "and". By inserting immediately following line 6 of page 4 the following: "(E) Deep Creek from the West Mill Bridge site upstream, including all tributaries, to its headwaters;".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
MONDAY, MARCH 30, 1992
3885
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 Ashe 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 Brush
YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings.B E Cummings.M Y Davis.D
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 FloydJ.M Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner Y Harris.B
Harris,J
Heard Y Henson Y Herbert
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
Lawrence Y Lawson YLee YLong YLord Y Lucas YMann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston Powell,A
Y Powell.C Y Presley Y Purcell
Randall
Ray Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow
Stancil.F
Y Stancil.S Y Stanley Y Streat Y Taylor
Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder
Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Powell of the 13th, Thomas of the 31st and Walker of the 113th 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 Jamieson of the llth 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.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SB 615. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others:
A bill to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change the state policy regarding fair housing; to change the definition of a certain term; to define an additional term; to further define what discrimination includes with regard to handicapped persons; to change certain provisions relating to the powers and duties of the administrator.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
Representative Bordeaux of the 122nd stated he would like to be recorded as voting "aye" on SB 615.
SB 473. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to change the provisions relating to the filing of the complaint on which a warrant is issued; to provide for procedures, time limits, and requirements for the filing of complaints; to provide an effective date; to provide for applicability.
The following amendment was read and withdrawn:
The Committee on Judiciary moves to amend Senate Bill 473 on page 1, line 25 after the word court and before the comma and insert "of the judicial officer issuing the same,".
The following substitute, offered by Representative Thomas of the 69th, was read and adopted:
A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal pro cedure, so as to change the provisions relating to the filing of the complaint on which a warrant is issued; to provide for procedures, time limits, and requirements for the filing of complaints; to provide an effective date; to provide for applicability; to provide that a plea of not guilty by reason of insanity at the time of the crime and an adjudication of such shall not be accepted until after an examination has been conducted on such person; to provide for outpatient treatment; to provide for immunity from liability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-5-22, relating to issuance of search war rants by judicial officers generally and maintenance of docket records of warrants issued, and inserting in lieu thereof a new Code Section 17-5-22 to read as follows:
"17-5-22. All warrants shall state the time and date of issuance and are the warrants of the judicial officer issuing the same and not the warrants of the court in which he is then sitting. Such warrants need not bear the seal of the court or clerk thereof. The warrant, the complaint on which the warrant is issued need net; the affidavit or affida vits supporting the warrant, and the returns shall be filed with the clerk of the court of the judicial officer issuing the same, or with the court if there is no clerk, at the time until the warrant has been executed or has been returned 'not executed'; provided, how ever, the judicial officer shall keep a docket record of all warrants issued by him and upon issuing any warrant he shall immediately record the same, within a reasonable time, on the docket."
Section 2. Said title is further amended by inserting a new paragraph (2.1) of subsec tion (b) of Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency at the time of the crime, to read as follows:
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3887
"(2.1) A plea of not guilty by reason of insanity at the time of the crime shall not be accepted and the defendant adjudicated not guilty by reason of insanity by the court without a jury until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, has held a hearing on the issue of the defendant's mental condition, and the court is satis fied that the defendant was insane at the time of the crime according to the criteria of Code Section 16-3-2 or 16-3-3."
Section 3. Said title is further amended by striking subparagraphs (e)(5)(B) and (e)(5)(E) of said Code Section 17-7-131 and inserting in lieu thereof the following:
"(B) If the defendant successfully completes all requirements during this period of conditional release, the court shall discharge the individual from commitment at the end of that period. Such individuals may be referred for community mental health, mental retardation, or substance abuse services as appropriate. The court may require the indi vidual to participate in outpatient treatment or any other services or programs autho rized bv. Chapter 3^ 4, or 7 of Title 37."
"(E) The Department of Human Resources and any community services providers^ including the employees and agents of both, providing supervision or treatment during a period of conditional release shall not be held criminally or civilly liable for any acts committed by a defendant placed by the committing court on a period of conditional release."
Section 4. This Act shall become effective on July 1, 1992, and shall apply to all search warrants issued on or after such date.
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, as amended, was agreed to, by substitute.
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.
SB 631. By Senator Edge of the 28th:
A bill to amend Code Section 13-10-21 of the Official Code of Georgia Anno tated, relating to the authorization and procedure for the creation and main tenance of escrow accounts by state or political subdivisions, so as to provide that in lieu of the retained amounts provided for in Code Section 13-10-20, any department, agency, or instrumentality of the state or any political sub division of the state shall insert a clause in the specifications of all contracts providing for an alternate procedure for the maintenance of an escrow account.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 10 of Title 13 of the Official Code of Georgia Anno tated, relating to the retention of contractual payments and creation and maintenance of escrow accounts on contracts for installation, improvement, and maintenance of water or sewer facilities, so as to provide for the payment to contractors of interest earned on money retained under public works contracts; to provide that retainage shall be invested at the current market rate; to provide that at substantial completion of the work and as the governmental entity's authorized contract representative determines the work to be reasonably satisfactory, the governmental entity shall within 30 days after invoice and
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other appropriate documentation as may be required by the contract documents are pro vided pay the retainage to the contractor; to provide for cases in which there are remain ing incomplete minor items; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 10 of Title 13 of the Official Code of Georgia Anno tated, relating to the retention of contractual payments and creation and maintenance of escrow accounts on contracts for installation, improvement, and maintenance of water or sewer facilities, is amended by striking in its entirety Code Section 13-10-20, relating to authorization and procedure for retention of contractual payments by the state or political subdivisions, and inserting in lieu thereof a new Code Section 13-10-20 to read as follows:
"13-10-20. (a) Any department, agency, or instrumentality of the state or any politi cal subdivision of the state is authorized to insert in the specifications of all contracts relating to the installation, extension, improvement, maintenance, or repair of any water or sewer facility a clause providing for the retention of amounts not exceeding 10 per cent of the gross value of the completed work as may be provided for in the contract; provided, however, that no amounts shall be retained on estimates or progress payments submitted after 50 percent of the work on the project has been completed if in the opin ion of the department, agency, or instrumentality of the state or any political subdivi sion thereof such work is satisfactory and has been completed on schedule. This will not affect the retained amounts on the first 50 percent of the work on the project which may continue to be held to ensure satisfactory completion of the project. If, after discontinu ing the retention, the department, agency, or instrumentality of the state or any political subdivision thereof determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. Retainage shall be invested at the current market rate and any interest earned on the retained amount by such department, agency, or instrumentality of the state or any political subdivision of the state shall be paid to the contractor when the project has been completed within the time limits specified and for the price specified in the contract, or m any amendments or change orders approved in accord with the terms of the contract, as certified pursuant to subsection (b) of this Code section.
(b) Final payment of the retained amounts to the contractor under the contract to which the retained amounts relate shall be made after certification by the engineer in charge of the project covered by the contract that the work has been satisfactorily com pleted and is accepted in accordance with the contract, plans, and specifications. Pay ment to the contractor of interest earned on the retained amounts shall be made after certification by the engineer in charge of the project covered by the contract that the work has been completed within the time specified and within the price specified in the contract.
(c) At substantial completion of the work and as the governmental entity's autho rized contract representative determines the work to be reasonably satisfactory, the gov ernmental entity shall within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the governmental entity's authorized contract representative shall be withheld until such item or items are completed."
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 107, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
MONDAY, MARCH 30, 1992
3889
SB 523. By Senators Gillis of the 20th, Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 12-4-75 of the Official Code of Georgia Anno tated, relating to permits for surface mining operations and related matters, so as to require applicants for permits involving certain activities to comply with local zoning and land use ordinances.
The following Committee substitute was read:
A BILL
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources; so as to change a certain definition; to change the designation of a certain term throughout said title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conserva tion and natural resources, is amended by striking in their entireties paragraphs (5) and (11) of Code Section 12-4-72, relating to definitions, and inserting in lieu thereof, respec tively, the following:
"{&} (6) 'Mined Mining land use plan' means an operator's written proposal for accomplishing land use objectives on the affected land. The term may shall include, but not be limited to, an operator's plans prior to, during, and following active mining for erosion and sedimentation control, grading, disposal of refuse, reclamation and revegetation, and the time of completion of the plan."
"(11) 'Reclamation' means the reconditioning or rehabilitation of affected land under an approved mined mining land use plan." and by redesignating paragraph (6) as paragraph (5).
Section 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 12-4-73, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources, and inserting in lieu thereof the follow ing:
"(a) The division shall have the following powers and duties: (1) To administer and enforce this part and all reasonable rules and regulations
promulgated hereunder to issue such orders as may be necessary to enforce compli ance therewith;
(2) To examine and pass upon permit applications of operators; (3) To examine and pass upon surface mined mining land use plans submitted by operators; (4) To make investigations and inspections; (5) To revoke permits, deny renewals, and forfeit bonds or cash of mine operators who refuse to carry out their plans of mined mining land use; (6) To collect information on surface mining and mined mining land use plans; (7) To collect, publish, and distribute information on mined mining land uses; (8) To accept moneys that are available from government units and private organi zations; (9) To conduct research studies of mined mining land uses; (10) To carry out land use projects on land where bonds or cash have been for feited, using funds available for such purposes; (11) To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the division in carrying out this part; (12) To exercise all incidental powers necessary to carry out the purposes of this part."
Section 3. Said title is further amended by striking in its entirety Code Section 12-4-75, relating to permits for surface mining operations and related matters, and insert ing in lieu thereof the following:
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"12-4-75. Operators of surface mining firms shall be required:
(1) To obtain from the director of the division a permit to conduct surface mining operations in the specified area to be mined prior to commencing the operation of same, provided that where a change in ownership of a mining operation occurs, the new owners may continue such operation on condition that a valid application, mined mining land use plan, and bond sufficient as to form and content for final approval are placed on file with the director within 60 days from date of consummation of the ownership change. In the event the new owners fail to place on file with the director the necessary documents for permitting within said 60 day period, all activities associ ated with removal of minerals or ores from the premises shall cease. It is further pro vided that a mining operator who continues to conduct a surface mining operation under a previous owner's permit in accordance with this paragraph shall be subject to having said permit revoked in the same manner and under the same conditions as a mining operator conducting a surface mining operation under his own permit. The application for a permit shall be made on a form provided by the director. The permit shall be issued on evidence satisfactory to the director of compliance with this part and the rules and regulations promulgated pursuant hereto, and the permit shall be conditioned upon the permittee's compliance with the approved mined mining land use plan;
(2) To submit, with the application for a permit, a mined mining land use plan which shall be consistent with the land use in the area of the mine and shall provide for reclamation of the affected land. Once approved, the operator will be responsible for completion of the plan. However, any change affecting a new area or any other change in an approved plan must be submitted to the division for approval as an amendment to an operator's mined mining land use plan;
(3) To file a bond with the director within 60 days after the date of being fur nished approved surety bond forms by the division; provided, however, that any mining operator who desires to be exempted from the bonding requirement shall request an exemption from such bonding requirement from the director, whereupon a mining operator may be exempted from such bonding requirement at the discretion of the director. Any mining operator who has been granted an exemption from the bonding requirement and who subsequently violates any of the provisions of this part or the rules and regulations promulgated hereunder, or who defaults on his obligations under any mined mining land use plan, may be required by the director to post a bond in accordance with this paragraph. Any bond filed with the director shall be written by a surety approved by the director and authorized to transact business in this state. Such bond shall be fixed by the director in an amount not more than $2,500.00 per acre, or fraction thereof, of the area of affected land. Such bond shall further be payable to the Governor and conditioned upon the faithful performance of the requirements set forth in this part and the rules and regulations promulgated pur suant hereto. Mining operators shall have the option of posting bond, government securities, cash, or any combination thereof on each mined area. In determining the amount of bond, government securities, or cash within the above limits, the director shall take into consideration the character and nature of the land reclamation require ments as approved in the operator's mined mining land use plan. For each permit, the director shall review and reevaluate at least every five years the site operation, objec tives of the mined land use plan, and estimated cost factors for completion of the plan and shall require adjustments to bonding amounts as may be necessary to ensure ade quate funding for site reclamation. The bond, government securities, or cash shall be held by the division until the affected land or any portion thereof is satisfactorily reclaimed, in the opinion of the director, at which time the bond, government securi ties, or cash or portion thereof shall be terminated or returned to the mining operator, provided that where a mining operator fails or refuses to complete any of his responsi bilities under a mined mining land use plan and the bond, government securities, or cash are consequently recovered upon or forfeited, the director may expend as he
deems appropriate that portion of such recovered or forfeited funds as is necessary to
complete such mining operator's responsibilities under the mined mining land use
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3891
plan. A mining operator, upon approval of an amended mined mining land use plan, shall file with the director the appropriate bond, government securities, or cash to cover the plan as amended, unless otherwise exempted from the bonding require ment."
Section 4. Said title is further amended by striking in its entirety Code Section 12-4-77, relating to the renewal or replacement of certain revoked permits and related matters, and inserting in lieu thereof the following:
"12-4-77. An operator whose permit has been revoked pursuant to this part shall be denied a new permit or a renewal of the old permit to engage in surface mining until he gives assurance satisfactory to the director of the division of his ability and intent to comply fully with this part with respect to the affected land under the revoked per mit and the new or renewed permit. Mining by a permitted operator on an unauthorized site while holding other valid surface mining permits shall constitute prima-facie evi dence of violation of approved mined mining land use plans, and any and all surface mining permits which an operator may hold may be suspended or revoked by the direc tor or his authorized representative."
Section 5. Said title is further amended by striking in its entirety subsection (b) of Code Section 12-4-83, relating to certain civil penalties, and inserting in lieu thereof the following:
"(b) Except as provided in subsection (c) of this Code section, whenever the director of the division has reason to believe that any mining operator has violated any provision of this part or any of the rules and regulations promulgated pursuant hereto, or has neg ligently or intentionally failed or refused to comply with any final order of the director, the director may request and shall receive a hearing before a hearing officer appointed by the Board of Natural Resources. Upon a finding that such mining operator has vio lated any provision of this part or any of the rules and regulations promulgated pursu ant hereto, or has negligently or intentionally failed or refused to comply with a final order of the director, the hearing officer shall issue his initial decision imposing such civil penalties as are provided in this Code section. Such hearing and any judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2. All civil penalties recovered by the director shall be paid into the state treasury to the credit of the general fund; provided, however, that where civil penalties are recovered by the director from a mining operator for his failing or refusing to obtain a permit in accordance with Code Section 12-4-75 or for his failing or refusing to complete any of his responsibilities under a mined mining land use plan after having been issued a per mit, the director may expend as he deems appropriate that portion of such recovered civil penalties as is necessary to provide for reclamation, reconditioning, or rehabilitation of the affected land not otherwise reclaimed, reconditioned, or rehabilitated by such mining operator."
Section 6. Said title is further amended by striking subsection (c) of Code Section 12-5-376, relating to permits to construct and operate dams, and inserting in lieu thereof the following:
"(c) Notwithstanding subsection (a) of this Code section, no permit shall be required to be obtained by any person who constructs a dam, if the dam is constructed in connec tion with or incidental to 'surface mining' as defined in Part 3 of Article 2 of Chapter 4 of this title, but if the dam so constructed is classified by the director as a category I dam, the owner or operator shall, upon the completion of the mining activity in con nection with which such dam was constructed, either drain and reclaim the impound ment formed by such dam pursuant to such person's mined mining land use plan approved by the director under Part 3 of Article 2 of Chapter 4 of this title, the 'Georgia Surface Mining Act of 1968,' or stabilize such impoundment as a lake pursuant to such mieel mining land use plan. If the impoundment is reclaimed as a lake and the dam which created the impoundment remains in place as a category I dam, then, before such lake is deemed acceptable reclamation and the miner is released from his obligations under Part 3 of Article 2 of Chapter 4 of this title the miner must obtain a permit for such dam as provided by this part."
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Section 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Carrell of the 65th moves to amend the Committee substitute to SB 523 by inserting on line 19 of page 1 following the word and symbol "revegetation,", the following:
"protection of property defined in paragraph (1) of subsection (a) of Code Section 48-5-7.3.".
The following amendment was read and adopted:
Representative Ashe of the 25th moves to amend the Committee substitute to SB 523 by inserting on line 18 of page 1, following the word and symbol "control,", the following:
"protection of properties on the National Register of Historic Places,".
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 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
SR 510. By Senator Harris of the 27th:
A resolution creating the Study Committee on Professional, Occupational, and Business Licensing and Taxation.
The following Committee substitute was read and adopted:
A RESOLUTION
To create the Study Committee on Professional Tax Equity; to provide for the duties and responsibilities of such committee; to authorize units of the University System of Georgia to provide staff to such committee; to provide for the membership and the method of appointment of such committee; to repeal conflicting laws; and for other purposes.
WHEREAS, Code Section 48-13-5 of the Official Code of Georgia Annotated limits the authority of municipalities and counties to impose occupation taxes upon certain selected professions and businesses; and
WHEREAS, such Code section was originally applicable only to professions such as attorneys, accountants, and physicians; and
WHEREAS, a trend has developed for the General Assembly to add new classes of professions to such Code section; and
WHEREAS, there is a need for a comprehensive study of the revenue impact on municipalities and counties of Code Section 48-13-5 of the Official Code of Georgia Anno tated, the equity of the shift in the burden of business taxation from those professions and businesses granted special treatment by such Code section to other noncovered professions and businesses, and reconsideration of the benefit to the general public of granting such tax limitations.
MONDAY, MARCH 30, 1992
3893
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. There is created the Study Committee on Professional Tax Equity which shall be comprised of not more than 20 persons. Ten members shall be appointed by the President of the Senate and ten members shall be appointed by the Speaker of the House of Representatives. Two members of the House of Representatives and at least five mem bers of the committee shall come from the professions or businesses presently covered by Code Section 48-13-5 of the Official Code of Georgia Annotated. Two members of the Sen ate and at least five members of the committee shall be representatives of municipalities or counties and the remaining members shall be representatives of the public or of profes sions or businesses not presently subject to such Code section.
Section 2. The committee shall investigate the purposes, the equity, the revenue impact of Code Section 48-13-5 of the Official Code of Georgia Annotated on municipali ties and counties, and the cost implications for professions and businesses which are not covered by such Code section. The committee shall investigate the practices of other states with regard to business taxation of similar businesses by municipalities and counties in such states. Based upon its study, the committee shall recommend either the continuation, modification, expansion, or elimination of Code Section 48-13-5.
Section 3. The committee may contract with units of the University System of Geor gia to provide staff to the committee and to perform research and write reports as directed by the committee.
Section 4. The committee shall file a final written report with the Speaker of the House of Representatives, the President of the Senate, and the Governor on or before December 31, 1992. Upon the filing of such report, the committee shall stand abolished.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 111, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
SR 248. By Senators Gillis of the 20th, Johnson of the 47th, Hammill of the 3rd and others:
A resolution changing the name of Colonel's Island in Glynn County to Vandiver Island in honor of former Governor S. Ernest Vandiver.
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 1.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 637. By Senators Johnson of the 47th, Pollard of the 24th, Edge of the 28th and others:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use, so as to provide that the division shall report to certain officers on the condition of certain lakes and rivers.
The following Committee substitute was read and adopted:
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A BILL
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to define certain terms; to provide for the development of river basin management plans for certain rivers; to provide for the contents of such plans; to provide for the appointment and duties of local advisory committees; to provide for notice and public hearings; to provide for submission to and approval of plans to the Board of Natural Resources; to make certain provisions relative to issuing certain permits; to pro vide for the application for and use of certain funds; to provide that this Act shall not enlarge the powers of the Department of Natural Resources; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting at the end thereof the following:
"ARTICLE 8
12-5-520. As used in this article, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Director' means the director of the Environmental Protection Division of the
Department of Natural Resources. 12-5-521. The director shall develop river basin management plans for the following rivers: Alapaha, Altamaha, Canoochee, Chattahoochee, Coosa, Flint, Ochlocknee, Ocmulgee, Oconee, Ogeechee, St. Marys, Satilla, Savannah, Suwanee, Tallapoosa, and Tennessee. The director shall consult the chairmen of the local advisory committees on all aspects of developing the management plans. The director shall begin development of the management plan for the Chattahoochee and Flint river basins by December 31, 1992, and for the Coosa and Oconee river basins by December 31, 1993. Beginning in 1994, the director shall begin development of one management plan per calendar year until all required management plans have been begun. All management plans shall be completed not later than five years after they were begun and shall be made available to the public within 180 days after completion. 12-5-522. The management plans provided by Code Section 12-5-521 shall include, but not be limited to, the following:
(1) A description of the watershed, including the geographic boundaries, historical, current, and projected uses, hydrogeology, and a description of water quality, includ ing the current water quality conditions;
(2) An identification of all governmental units that have jurisdiction over the watershed and its drainage basin;
(3) An inventory of land uses within the drainage basin and important tributaries including point and nonpoint sources of pollution;
(4) A description of the goals of the management plan, which may include educat ing the general public on matters involving the environmental and ecological concerns specific to the river basin, improving water quality and reducing pollution at the source, improving aquatic habitat and reestablishing native species of fish, restoring and protecting wildlife habitat, and providing recreational benefits; and
(5) A description of the strategies and measures necessary to accomplish the goals of the management plan. 12-5-523. As an initial action in the development of a management plan, the director shall appoint local advisory committees for each river basin to consist of at least seven citizens and a chairman appointed by the director. The local advisory committees shall provide advice and counsel to the director during the development of the management plan. Each committee shall meet at the call of the chairman but not less than once every four months. The chairman and members of the local advisory committees shall serve without compensation or reimbursement of expenses. 12-5-524. (a) Upon completion of the penultimate draft of a management plan, the director shall conduct public hearings within the river basin. At least one public hearing
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shall be held in each river basin named in Code Section 12-5-521. The director shall publish notice of each such public hearing in a newspaper of general circulation in the area announcing the date, time, place, and purpose of the public hearing. A draft of the management plan shall be made available to the public at least 30 days prior to the public hearing. The director shall receive public comment at the public hearing and for a period of at least ten days after the public hearing.
(b) The division shall evaluate the comments received as a result of the public hear ings and shall develop the final draft of the management plan for submission to the board for consideration within 60 days of the public hearing.
(c) The board shall consider the management plan within 60 days after submission by the director. The department shall publish the management plan adopted by the board and shall make copies available to all interested local governmental officials and citizens within the river basin covered by such management plan.
(d) Upon the board's adoption of a final river basin management plan, all permitting and other activities conducted by or under the control of the Department of Natural Resources shall be consistent with such plan.
(e) No provision of this article shall constitute an enlargement of the existing statu tory powers of the department.
12-5-525. The director is directed to apply for the maximum amount of available funds pursuant to Sections 106, 314, 319, and 104(b)(2) of Public Law 95-217, the fed eral Clean Water Act, and any other available source for the development of river basin management plans."
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 1.
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 passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1721.
By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that after a sevenyear holding period, restitution funds may be claimed by the respective county holding such funds.
The Senate insists on its substitute to the following Bill of the House:
HB 1519. By Representatives Oliver of the 53rd, Baker of the 51st and Porter of the 119th:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that if the Department of Human Resources is the petitioner, then no guard ian ad litem need be appointed; to provide for admissibility of blood tests.
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Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:
SB 496. 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 cases.
The following Committee substitute was read:
A BILL
To amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, so as to change certain fees
for the services of a sheriff in civil cases; to amend Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees under land registration and recording transac tions, so as to change certain service fees collected by the sheriffs of the counties; to pro vide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, is amended by striking subsec tion (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) For the services of the sheriff in civil cases, the following fees shall be charged: (1) Serving copy of process and returning original, per copy.................. $ 25.00
(2) Action from another county, to be paid in advance........................... 20.00 25.00
(3) Summoning each witness.........................................................................
6.00
(4) Each levy or writ of fieri facias.............................................................. 30^6 25.00
(5) Search and return of nulla bona............................................................
13.00
(6) Serving summons of garnishment or rule against garnishee............. 13.00 25.00
If more than one, for each additional copy...............................................
6.00
(7) Commissions on sales of property:
On sums of $50.00 or less.............................................................................
8%
On excess above $50.00 up to $550.00........................................................
6%
For all sums exceeding $550.00, on excess ................................................
3%
No commissions shall be charged unless property is actually sold.
(8) Making out and executing titles to land............................................... 26^6 25.00
If presented by purchaser............................................................................
13.00
(9) Executing bill of sale to personal property, when demanded by
purchaser...............................................................................................
13.00
(10) Forthcoming bonds...................................................................................
13.00
(11) Serving process against tenant over or intruder upon land to dis possess them......................................................................................... 2&ee 25.00
(12) For dispossessing tenant or intruder..................................................... 20.00 25.00
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3897
(13) Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted..........................................
13.00
(14) Settling each execution in his hands, settled without sale................
13.00
(15) Levying an attachment............................................................................ 30^9 25.00
(16) Following property out of county with attachment, for every mile
going and returning.............................................................................
.21
(17) Attending superior, state, or city courts, per day...............................
20.00
(18) Probate courts, per day...........................................................................
15.00
(19) At elections as required by law, each day............................................
20.00
(20) Collecting tax fi. fas. $100.00 or less, each...........................................
5.00
(21) Collecting tax fi. fas. over 100.00, each................................................. 10.00"
Section 2. Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees under land registration and recording transactions, is amended by striking subsec tion (b) in its entirety and inserting in lieu thereof the following:
"(b) The following fees shall be collected for the services of the sheriff under this article:
(1) For ascertaining and reporting to the courts the names and addresses of the persons actually occupying the premises described in the petition, $1.00 a fee as pro vided in paragraph (1) of subsection (b) of Code Section 15-16-21 for each separate residence;
(2) For each service of process and notice required, $1.00 a fee as provided in para graph (1) of subsection (b) of Code Section 15-16-21; and
(3) For posting a copy of the petition upon the premises, 600 fees as provided in paragraph (6) of subsection (b) of Code Section 15-16-21."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Coker of the 21st, Hammond of the 20th and Oliver of the 53rd move to amend the Committee substitute to SB 496 by striking lines 1 through 3 of page 1 and inserting the following:
"To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to exempt sheriffs from paying clerks' recording fees for criminal bonds and writs of fieri facias; to change".
By striking lines 12 through 16 of page 1 and inserting the following:
"Section 1. Title 15 of the Official Code of Georgia, relating to courts, is amended by adding a new subsection (m) to Code Section 15-6-77, relating to fees of clerks of superior courts, to read as follows:
'(m) The sheriffs of this state shall not be required to pay recording fees for crimi nal bonds and writs of fieri facias issued on criminal bond forfeitures.'
Section 2. Said title is further amended by striking subsection (b) of Code Section 15-16-21, relating to the fees for sheriffs services, and inserting the following:"
By redesignating Sections 2 and 3 as Sections 3 and 4.
The Committee substitute, as amended, was adopted.
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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 95, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
SB 644. By Senators Johnson of the 47th, Pollard of the 24th and Steinberg of the 42nd:
A bill to amend Code Section 15-11-28 of the Official Code of Georgia Anno tated, relating to conduct of juvenile hearings generally, so as to provide that a victim of certain offenses committed by a child may submit a victim impact statement to the juvenile court; to provide for the contents of such victim impact statement; to provide for the use of such victim impact state ment; to provide the child an opportunity to rebut the statement.
The following amendment was read and adopted:
Representative Thomas of the 69th moves to amend SB 644 as follows: On line 26, page 1, strike "shall" and insert "may".
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 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 2069. By Representatives Padgett of the 86th, Williams of the 90th and others:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.
The following Senate substitute was read:
A BILL
To amend an Act creating the Board of Commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), so as to reapportion the commissioner districts for the election of members of the board of commissioners; to provide for elec tions pursuant to such reapportionment of districts; to provide for definitions; to provide for terms of office and limitations thereon; to provide for procedures; to provide for a statement of policy of the board of commissioners; to provide for powers and duties of the board of commissioners; to provide for equal opportunity for employment, promotion, and appointment; to provide for an equal opportunity director and a director of minority busi ness opportunities; to provide for staff and their duties; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes.
MONDAY, MARCH 30, 1992
3899
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), is amended by striking subsection (b) of Section 1 of said Act and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) For the purpose of electing members of the Board of Commissioners of Rich mond County, Richmond County is divided into six commissioner districts as follows:
Commissioner District: 1
RICHMOND COUNTY VTD: 0001 1 (Part) Tract: 0006. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221 VTD: 0002 1A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part) Tract: 0001. Block(s): 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 409, 410, 411, 412, 413 Tract: 0011. Block(s): 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315 VTD: 0020 7A (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 306, 307, 308, 309, 310, 311, 401, 402, 404, 405, 407, 416, 417, 503, 504, 510, 513, 514A, 514B, 514C, 517, 522 Tract: 0002. Block(s): 214, 401, 402, 403, 404, 405, 408, 409, 412, 413, 501, 504 VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2
Commissioner District: 2
RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 406, 415, 416, 417, 418, 419, 420, 422, 423, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 444 VTD: 0015 6 VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 213 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103 VTD: 0021 8 VTD: 0022 8A
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VTD: 0023 8B (Part) Tract: 0016. Block(s): 214, 901A
VTD: 0024 8C (Part) Tract: 0012. Block(s): 403, 406 Tract: 0016. Block(s): 210, 211
VTD: 0046 89-1 (Part) Tract: 0105.04 Block(s): 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121, 122A, 122B, 123, 126, 127, 901, 902, 903, 904, 905, 906, 907, 908, 909, 911, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 932, 933, 940
VTD: 0052 89-7 (Part) Tract: 0105.07 Block(s): 301, 302, 313, 314, 412, 413, 414, 415, 418
VTD: 0055 89-10 VTD: 0058 90-3 (Part)
Tract: 0102.03 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 501, 502, 503A, 503B, 504, 505, 506, 507, 508, 509, 510, 601A, 601B, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611A, 611B, 612, 613, 614
Tract: 0102.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 249, 250, 251, 601, 602, 603
Tract: 0108. Block(s): 903, 904, 905
VTD: 0059 90-4 VTD: 0060 90-5 (Part)
Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 515, 516, 517, 901C
Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 426, 430, 431
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
VTD: 0066 FG4
Commissioner District: 3
RICHMOND COUNTY VTD: 0027 85-2 (Part) Tract: 0105.08
MONDAY, MARCH 30, 1992
3901
Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 125, 126, 127, 128, 129, 701, 702, 703, 704, 705, 706, 707, 711
Tract: 0105.10 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 118, 119, 120, 121, 122, 123, 124, 901, 902
VTD: 0028 85-3 (Part) Tract: 0105.06 Block(s): 202, 226, 614, 621
VTD: 0029 86-1 VTD: 0031 86-3 VTD: 0032 86-4 (Part)
Tract: 0107.04 Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147
VTD: 0033 86-5 VTD: 0034 86-6 (Part)
Tract: 0109.02 Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 416, 420, 421, 426, 427, 430, 431, 432, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497
VTD: 0035 86-7 VTD: 0048 89-3 VTD: 0050 89-5 VTD: 0058 90-3 (Part)
Tract: 0102.04 Block(s): 243, 244, 245, 246, 247, 248, 301, 302, 303, 304, 305, 306
Tract: 0108. Block(s): 908, 909, 910
VTD: 0067 FG5
Commissioner District: 4
RICHMOND COUNTY VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 Tract: 0107.04 Block(s): 101, 102, 103, 134, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163 Tract: 0108. Block(s): 901F VTD: 0043 88-5 (Part) Tract: 0105.07 Block(s): 416, 422 VTD: 0049 89-4 VTD: 0051 89-6 VTD: 0052 89-7 (Part) Tract: 0105.05
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Block(s): 901, 902, 903, 904, 916, 917 VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0068 FG6
Commissioner District: 5
RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 610, 612, 613 VTD: 0006 3A VTD: 0007 3B VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0016 6A VTD: 0017 6B VTD: 0018 6C VTD: 0023 8B (Part) Tract: 0016. Block(s): 503A, 601, 602, 603, 604, 605A, 902, 903A, 904, 905A VTD: 0024 8C (Part) Tract: 0012. Block(s): 401, 404, 405 Tract: 0016. Block(s): 903B, 911A, 912 VTD: 0027 85-2 (Part) Tract: 0105.08 Block(s): 101, 102, 123, 124 Tract: 0105.10 Block(s): 101 VTD: 0028 85-3 (Part) Tract: 0105.06 Block(s): 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 615, 617, 618, 619, 620, 622, 623, 624 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 (Part) Tract: 0105.07 Block(s): 303, 310, 311, 312, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 417, 419, 420, 421, 423, 424, 425, 426, 427, 501, 502, 503, 504, 505, 506, 507, 508, 521, 522 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7 (Part) Tract: 0105.07 Block(s): 304, 305, 306, 307, 308, 309 VTD: 0060 90-5 (Part) Tract: 0016. Block(s): 503B, 504, 513, 901B
MONDAY, MARCH 30, 1992
3903
Commissioner District: 6
RICHMOND COUNTY VTD: 0001 1 (Part) Tract: 0006. Block(s): 301, 302, 303, 304, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 403, 404, 405, 406, 407, 408, 409, 410, 411, 504, 505, 508, 509, 510, 511, 513, 514, 515, 516, 517 Tract: 0106. Block(s): 101A, 119A, 205A, 206, 314, 315, 316, 317, 318, 319, 320A, 320B, 322, VTD: 0003 2 VTD: 0008 4 VTD: 0026 85-1 VTD: 0027 85-2 (Part) Tract: 0105.11 Block(s): 201, 313, 314, 315, 316, 317, 318, 319, 320, 327, 328, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917 VTD: 0030 86-2 VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 225, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 417, 418, 419, 422, 423, 424, 425, 428, 429, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 484, 485 VTD: 0036 86-8 VTD: 0039 88-1
For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(5) Any part of Richmond County which is not included in any commissioner dis trict described in this section shall be included within that commissioner district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of Richmond County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner
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district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said Act is further amended by adding to Section 1 of said Act a new subsection (f.l) to read as follows:
"(f-1) All members of the Board of Commissioners of Richmond County who were in office on February 1, 1992, shall serve for the remainder of their unexpired terms for which they were elected. Successors to such members shall be elected as provided in this section from the commissioner districts as reapportioned in 1992. No member elected in 1992 or thereafter shall be eligible to serve more than two four-year terms of office."
Section 3. Said Act is further amended by adding a new Section 1.1 to read as fol lows:
"Section 1.1. (a) It shall be the policy of the board of commissioners that all citi zens shall have equal opportunity for employment, promotion, and appointment by the board of commissioners. It shall further be the express policy of the board of commis sioners that all persons shall have equal opportunity for conducting business with the board of commissioners to the greatest extent possible.
(b) In furtherance of the policies stated in subsection (a) of this section, the board of commissioners shall employ a person to serve as equal employment opportunity direc tor and a person to serve as director of minority business opportunities. These positions shall have such staff and duties as the board of commissioners may from time to time determine, and the duties of such persons shall include the following:
(1) To advise the board of commissioners and its officers of the need for minority appointments to boards, commissions, and authorities and the availability of qualified minority citizens to serve;
(2) To advise the board of commissioners and its officers on ways and means to promote and increase business relations between the board of commissioners and minority owned firms and businesses; and
(3) To advise the board of commissioners on ways and means to promote minority business opportunities within the jurisdiction of the board of commissioners and to implement such programs as the board of commissioners may adopt to promote minority business opportunities."
Section 4. (a) It shall be the duty of the attorney of the Board of Commissioners of Richmond County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the Board of Commissioners of Richmond County to direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the board of commissioners and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without such approval and to ensure that such submission con tains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General.
(b) If, as of the first date upon which candidates may begin qualifying for nomina tion as candidates for members on the Board of Commissioners of Richmond County in the general primary in 1992, implementation of this Act is not permissible under the fed eral Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Howard of the 85th, et al. move to amend the Senate substitute to HB 2069 by striking lines 4 through 9 of page 1 and inserting in lieu thereof the following:
"14, 1984 (Ga. L. 1984, p. 4245), so as to change the composition of the board; to pro vide for a chairperson and vice chairperson; to provide for board member qualifications,
MONDAY, MARCH 30, 1992
3905
terms, and manner of election and filling vacancies; to provide for commissioner dis tricts; to provide for board organization, voting, meetings, compensation, and allowances; to provide for definitions and insertions; to provide for the completion of terms by mem bers serving on the board on January 1, 1992, in designated districts; to provide for a".
By striking lines 26 of page 1 through line 14 of page 8 and inserting in lieu thereof the following:
"by striking Sections 1 and 2 and inserting in their place a new Section 1 to read as follows:
'Section 1. (a) Beginning January 1, 1993, the governing authority of Richmond County shall be a board of commissioners of said county, referred to in this section as the board, consisting of eight members.
(b) For the purpose of the board established in subsection (a) of this section, Rich mond County is divided into eight commissioner districts as follows:
Commissioner District: :l
RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part) Tract: 0007. Block(s): 112, 113, 114, 115, 117, 118, 125, 126, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 419, 420, 421, 422 Tract: 0009. Block(s): 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 404, 405, 406, 407 Tract: 0015. Block(s): 101A, 103, 307, 308, 309 Tract: 0106. Block(s): 902A, 902B, 902C, 906A, 906B, 907, 915A, 915B, 917, 918, 919, 920A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part) Tract: 0001. Block(s): 209, 210, 211, 302, 303, 304, 305, 409, 410, 413 VTD: 0020 7A VTD: 0021 8 (Part) Tract: 0001. Block(s): 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B VTD: 0022 8A (Part) Tract: 0016. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 219A, 233 VTD: 0026 85-1
Commissioner District: 2
RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0009. Block(s): 402, 403, 408, 409, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 601, 605
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VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 610, 612, 613 Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 419, 420, 422, 42?, 430, 431, 432, 433, 434, 435, 440, 441, 444
VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0039 88-1 VTD: 0042 88-4 VTD: 0044 88-6
Commissioner District: 3
RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0010. Block(s): 406, 415, 416, 417, 418, 428, 429, 436, 437, 438, 439, 442 VTD: 0015 6 (Part) Tract: 0011. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 512, 513 VTD: 0017 6B VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 212, 213, 301, 411, 412 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103, 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315 VTD: 0021 8 (Part) Tract: 0001. Block(s): 414 Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320, 321 Tract: 0012. Block(s): 605, 606, 607, 608 VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 207A, 208A, 209, 212, 213A, 215, 216, 217, 218, 226A, 227A VTD: 0046 89-1 VTD: 0051 89-6
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3907
VTD: 0055 89-10 VTD: 0058 90-3 VTD: 0060 90-5 (Part)
Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 503B, 504, 513, 515, 516, 517, 901B, 901C
Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01 Block(s): 402, 404, 418, 419, 420, 421, 422, 430, 431
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
Commissioner District: 4
RICHMOND COUNTY VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 Tract: 0107.04 Block(s): 101, 103, 148, 149, 150, 151, 152, 153, 154 Tract: 0108. Block(s): 901F VTD: 0049 89-4 VTD: 0053 89-8
Commissioner District: 5
RICHMOND COUNTY VTD: 0006 3A VTD: 0007 3B VTD: 0015 6 (Part) Tract: 0012. Block(s): 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 501, 506, 507, 508, 509, 510, 511, 901A Tract: 0013. Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A VTD: 0016 6A VTD: 0018 6C VTD: 0021 8 (Part) Tract: 0012. Block(s): 402, 616 VTD: 0023 8B VTD: 0024 8C VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0043 88-5 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7
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JOURNAL OF THE HOUSE,
Commissioner District: 6
RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 401 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 244, 245, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0107.06 Block(s): 106, 107, 108, 109, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306 VTD: 0050 89-5 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6
Commissioner District: 7
RICHMOND COUNTY VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0059 90-4 VTD: 0060 90-5 (Part) Tract: 0102.01 Block(s): 401, 403, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 426
Commissioner District: 8
RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 Tract: 0105.11 Block(s): 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 414 VTD: 0031 86-3 (Part)
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3909
Tract: 0107.05 Block(s): 239, 240, 241, 242, 243
VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0036 86-8 (Part)
Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973
Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202
Tract: 0109.02 Block(s): 102
VTD: 0048 89-3
For purposes of this section: (1) The terms "Tract," "Block," and "VTD" shall mean and describe the same
geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term "Precinct" is synonymous with the term "voting precinct" and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the bounda ries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Richmond County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Richmond County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commis sioner district. Such noncontiguous part shall instead be included within that com missioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) No person shall be eligible to serve as a member of the 'board unless that per son:
(1) Continues to reside within the commissioner district from which elected dur ing that person's term of office; and
(2) Is a registered and qualified elector of Richmond County. (d) Those members of the board of commissioners of Richmond County serving as such on January 1, 1992, under the previously existing provisions of this section shall serve out their respective terms of office but shall be deemed to be serving out those terms in designated commissioner districts as follows:
Mr. Herb Beckham Mr. Lee Neel, III Mr. J. Hobson Chavous Mr. Henry Brigham
Commissioner District 7 Commissioner District 3 Commissioner District 6 Commissioner District 5
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JOURNAL OF THE HOUSE,
Mr. Larry E. Sconyers Mr. Willie Mays
Commissioner District 8 Commissioner District 1
(e) Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 1, 5, and 8 shall serve until December 31, 1992, and the election and qualification of their respective successors, which successors shall be elected for Commissioner Districts 1, 5, and 8 shall be in the 1992 November general election. The members first elected from Commissioner Districts 1, 5, and 8 shall serve, beginning January 1, 1993, for ini tial terms of four years each and until their respective successors are elected and qual ified under subsection (h) of this section. Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 3, 6, and 7 shall serve until December 31, 1994, and until their respective successors are elected and qualified under subsection (f) of this section.
(f) At the 1994 November general election, successors to those members of the board from Commissioner Districts 3, 6, and 7, all of whose terms expire December 31, 1994, shall be elected to serve, beginning January 1, 1995, for terms of four years each and until their respective successors are elected and qualified under subsection (h) of this section.
(f.l) All members of the Board of Commissioners of Richmond County who were in office on February 1, 1992, shall serve for the remainder of their unexpired terms for which they were elected. Successors to such members shall be elected as provided in this section from the commissioner districts as reapportioned in 1992. No member elected in 1992 or thereafter shall be eligible to serve more than two four-year terms of office.
(g) The first member elected from Commissioner District 2 shall serve, beginning January 1, 1993, for an initial term of two years; and the first member elected from Commissioner District 4 shall serve, beginning January 1, 1993, for an initial term of four years; and both shall serve until their respective successors are elected and quali fied under subsection (h) of this section.
(h) Successors to members of the board whose terms expire after December 31, 1994, shall be elected at the general election immediately preceding the expiration of their respective member's term of office, shall take office on the first day of January immediately following the election for terms of four years and until the election and qualification of their respective successors.
(i) Each member of the board elected to the board in the 1992 November general election or any election thereafter shall be elected by a majority of the voters voting within the commissioner district of that member. All members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(j) Any vacancy in the board which occurs within one year prior to the expiration of a term of office shall be filled for the unexpired term and until a successor is elected and qualified by a member appointed by a majority vote of the remaining members of the board. Any vacancy in the board which occurs more than one year prior to the expiration of a term of office shall be filled for the unexpired term and until a successor is elected and qualified by a special election called by the Board of Elections of Richmond County for that purpose within 45 days after that vacancy occurs. No person shall be appointed or elected to fill a vacancy unless that person resides in the commissioner district corresponding to that of the member whose unex pired term is being filled; provided, however, that in the event of a special election prior to January 1, 1993, to fill a vacancy on the board, a candidate may reside either in the commissioner district created by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245) corresponding to that of the member whose unexpired term is being filled or in the commissioner district created by this Act, as set forth in subsection (b) of this section, corresponding to that of the member whose unexpired term is being filled.
(k) At the first regular meeting of the board in 1993 and at such first regular meeting annually thereafter, the members of the board shall elect from their number
MONDAY, MARCH 30, 1992
3911
a chairperson and vice chairperson to serve terms of one year, respectively. The chair person shall possess and exercise the following executive and administrative powers and duties:
(1) To preside at all meetings of the board and vote on all matters before the board;
(2) To serve as the official head of Richmond County for the service of process and for ceremonial purposes;
(3) To administer oaths and to take affidavits; (4) To sign all written contracts entered into by the board on behalf of Rich mond County and all other contracts and instruments executed by the county which by law are required to be in writing; (5) To ensure that all laws, ordinances, and resolutions of Richmond County are faithfully executed; and (6) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the board. (1) The chairperson of the board shall receive an annual salary of $15,000.00, pay able in equal monthly installments, and a monthly expense allowance of $200.00 for actual and necessary expenses incurred in carrying out the chairperson's official duties. The vice chairperson shall receive an annual salary of $12,000.00, payable in equal monthly installments, and a monthly expense allowance of $150.00 for actual and necessary expenses incurred in carrying out the vice chairperson's official duties. Members of the board, other than the chairperson and vice chairperson, shall each receive an annual salary of $11,200.00, payable in equal monthly installments, and a monthly expense allowance of $100.00 for actual and necessary expenses incurred in carrying out their respective official duties. The salary and expense allowances of the chairperson, vice chairperson, and other members of the board shall be paid from county funds.'".
By redesignating Sections 3 through 5 as Sections 2 through 4, respectively.
Representative Padgett of the 86th moved that the House agree to the Senate substi tute, as amended by the House, to HB 2069.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:
SB 553. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to change the minimum annual salaries received by the constitutional county officers in this state; to change the provisions relating to periodic cost-of-living adjust ments to the minimum annual salaries received by the constitutional county officers; to change provisions relating to longevity increases in salaries of con stitutional county officers; 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 91, nays 9.
The Bill, having received the requisite constitutional majority, was passed.
Representative Wall of the 61st would like to be recorded as voting "nay" on SB 553.
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SB 465. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that certain former state employees shall be entitled to medical and dental care deemed by the State Personnel Board to be necessary or shall be entitled to coverage under the state employees' health insurance plan upon the payment of an annual premium to be fixed by such 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 97, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
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.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, so as to provide for the manner in which sums for the county jail fund shall be paid over; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, is amended by striking subsection (a) of Code Section 15-21-94, relating to assessment and collection of sums for the county jail fund, and inserting the following:
"(a) The sums provided for in Code Section 15-21-93 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located or, in the case of a municipality which has contracted for jail services, to the governing authority of the county with which the municipality has contracted by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the gov erning authority into a special account to be known as the 'county jail fund.'"
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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
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3913
SB 61. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Anno tated, relating to the Judges of the Probate Courts Retirement Fund of Geor gia, so as to provide for employees of the board of commissioners of such fund; to provide for the compensation and duties of such employees; to pro vide that employees of the board are eligible for membership in the 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 ayes were 98, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 1297.
By Representatives Dunn of the 73rd, Lawson of the 9th, Walker of the 115th, Coleman of the 118th and Buck of the 95th:
A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Anno tated, relating to industrial loans, Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured homes, Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, and Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise comprehensively provisions relative to fees charged by the Commissioner of Insurance.
The following Senate amendment was read:
Amend HB 1297 by adding on line 39, page 4 after the symbol (11) the word "new" and by adding on line 40, page 4 after the word permit, "one time fee".
Representative Dunn of the 73rd moved that the House agree to the Senate amend ment to HB 1297.
On the motion, the ayes were 91, nays 5.
The motion prevailed.
HB 1346.
By Representative Dunn of the 73rd:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Anno tated, relating to unfair trade practices in the business of insurance, so as to provide definitions; to provide for acts which shall constitute unfair practices with regard to the settlement of claims.
The following Senate amendment was read:
Amend HB 1346 by adding at the end of line 29 of page 5 the following: ", fidelity, or surety".
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JOURNAL OF THE HOUSE,
By adding on line 16 of page 6 after the word "compensation" and before the period the following:
", fidelity, or surety insurance".
Representative Dunn of the 73rd moved that the House agree to the Senate amend ment to HB 1346.
On the motion, the ayes were 104, nays 0.
The motion prevailed.
HB 1202.
By Representatives Dunn of the 73rd, Lucas of the 102nd, Sherrill of the 47th, Bordeaux of the 122nd and Valenti of the 52nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for continuation rights for persons age 60 and over whose coverage under certain group accident and sickness insurance plans would otherwise terminate.
The following Senate substitute was read:
A BILL
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for continuation rights for persons age 60 and over whose coverage under certain group accident and sickness insurance plans would otherwise terminate; to provide for definitions; to provide conditions for eligibility; to provide for notices and election of coverage; to provide for maximum premium amounts; to provide for the payment of premiums; to provide for the termination of continued coverage; to provide for matters relative to the foregoing; to provide for applicability; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding immediately following Code Section 33-24-21.1, relating to conversion privileges and continuation right provisions under group accident and sickness contracts, a new Code section, to be designated Code Section 33-24-21.2, to read as follows:
"33-24-21.2. (a) As used in this Code section, the term: (1) 'Group contract or group plan' is synonymous with the term 'contract or plan'
and means: (A) A group contract of the type issued by a nonprofit medical service corpora
tion established under Chapter 18 of this title; (B) A group contract of the type issued by a nonprofit hospital service corpora
tion established under Chapter 19 of this title; (C) A group contract of the type issued by a health care plan established under
Chapter 20 of this title; (D) A group contract of the type issued by a health maintenance organization
established under Chapter 21 of this title; or (E) A group accident and sickness insurance policy or contract, as defined in
Chapter 30 of this title. (2) 'Group member' means a person who has been a member of the group for at least six months; who is entitled to medical benefits coverage under a group contract or group plan; and who is an insured, certificate holder, or subscriber under the con tract or plan.
MONDAY, MARCH 30, 1992
3915
(3) 'Insurer' means an insurance company, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance organi zation.
(4) 'Internal Revenue Code' means the federal Internal Revenue Code as defined in Code Section 48-1-2.
(5) 'Plan administrator' means: (A) The person designated as the plan administrator by the instrument under
which the group contract or plan is operated; or (B) If no plan administrator is designated, the plan sponsor.
(b) (1) A group contract or plan providing coverage for hospital or medical expenses, other than coverage limited to expenses from accidents or specific diseases, which is issued, delivered, issued for delivery, or renewed in this state to provide cov erage for the employees of an employer subject to the provisions of Section 4980B of the Internal Revenue Code, shall contain a provision that a group member whose insurance under the contract or plan otherwise terminates after the expiration of the period of continuation of coverage for which the individual is eligible under Code Sec tion 33-24-21.1 or Section 4980B of the Internal Revenue Code shall be entitled to continue coverage under that group contract or plan for himself or herself and his or her eligible dependents if the group member was 60 years of age or older as of the date on which the continuation of coverage afforded under Code Section 33-24-21.1 or Section 4980B of the Internal Revenue Code commences.
(2) A group member shall not be entitled to have coverage continued under para graph (1) of this subsection if:
(A) Termination of employment is voluntary for other than health reasons; (B) Termination of coverage occurred because the employment of a group mem ber was terminated for reasons which would cause a forfeiture of unemployment compensation under Chapter 8 of Title 34, the 'Employment Security Law'; (C) Termination of coverage occurred because the group member failed to pay any required contribution; (D) Any discontinued coverage is immediately replaced by similar group cover age; or (E) The group contract or group plan was terminated in its entirety or was ter minated with respect to a class to which the group member belonged. This paragraph shall not affect conversion rights available to a group member under any contract or plan. (c) A group contract or plan providing coverage for hospital or medical expenses, other than coverage limited to expenses from accidents or specific diseases which is issued, delivered, issued for delivery, or renewed in this state to provide coverage for the employees of an employer subject to the provisions of Section 4980B of the federal Internal Revenue Code, shall contain a provision that: (1) The surviving spouse of a group member may continue coverage under the plan, at the death of the group member, with respect to the spouse and any depen dent children whose coverage under the plan otherwise would terminate because of the death of the group member if the surviving spouse is 60 years of age or older at the time of the death; and (2) The divorced spouse of a group member may continue coverage under the plan, upon dissolution of marriage with the group member, with respect to the divorced spouse and any dependent children whose coverage under the plan otherwise would terminate because of the dissolution of marriage, if the divorced spouse is 60 years of age or older at the time of the dissolution or legal separation. (d) Each group certificate issued to each group member shall set forth the continua tion right provided in subsections (b) and (c) of this Code section in a separate provision bearing its own caption. The provision shall clearly set forth a full description or the continuation right available, including all requirements, limitations, exceptions, the pre mium required or a brief statement concerning the method of calculation thereof, and the time of payment of all premiums due during the period of continuation. (e) In the event and to the extent that this Code section is applicable, the election by the group member or divorced or surviving spouse to obtain continuation of coverage
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JOURNAL OF THE HOUSE,
as provided under the provisions of Section 4980B of the Internal Revenue Code or under the provisions of Code Section 33-24-21.1 shall constitute election of continuation of coverage under this Code section without further action by the group member or sur viving or divorced spouse. The provisions of Section 4980B of the Internal Revenue Code or of Code Section 33-24-21.1, whichever is applicable, regarding notice to a group member or a divorced or surviving spouse of the right to continue coverage shall apply to the continuation of coverage provided under this Code section.
(f) If an eligible group member or the divorced or surviving spouse elects continua tion of coverage under subsection (b) or (c) of this Code section:
(1) The monthly premium for the continuation shall not be greater than 120 per cent of the total of the amount that would be charged if the eligible group member or the divorced or surviving spouse were a current group member and the amount that the group policyholder would contribute toward the premium if the eligible group member or the divorced or surviving spouse were a current group member;
(2) The first premium for the continuation of coverage under this Code section shall be paid by the eligible group member or the divorced or surviving spouse on the first regular due date following the expiration of the eligible person's benefits under the provisions of Code Section 33-24-21.1 or Section 4980B of the Internal Revenue Code; and
(3) The right to continuation of coverage shall terminate upon the earliest of any of the following:
(A) The failure to pay premiums or required premium contributions, if applica ble, when due, including any grace period allowed by the policy;
(B) The date that the group plan is terminated as to all group members, except that if a different group plan is made available to group members, the eligible group member or the divorced or surviving spouse shall be eligible for continuation of the same coverage under the new plan;
(C) The date on which the eligible group member or divorced or surviving spouse becomes insured under any other group health plan;
(D) The date on which the eligible group member or the divorced or surviving spouse becomes eligible for federal medicare coverage. (f) This Code section shall apply to any group contract or group plan which covers 20 or more employees and which is issued, delivered, or issued for delivery, or renewed in this state on or after July 1, 1992, and to any group contract or group plan covering 20 or more employees then in effect on the first anniversary date occurring on or after July 1, 1992."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Dunn of the 73rd moved that the House agree to the Senate substitute to HB 1202.
On the motion, the ayes were 115, nays 3.
The motion prevailed.
Representative Kingston of the 125th would like to be recorded as voting "aye" on the Senate substitute to HB 1202.
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.
MONDAY, MARCH 30, 1992
3917
The following Senate substitute was read:
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 provide for a board of trustees to administer 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."
Section 2. Said part is further amended by striking paragraph (11) of subsection (a) of Code Section 20-3-250.3, relating to exemptions from the part, in its entirety and substi tuting in lieu thereof a new paragraph (11) to read as follows:
"(11) A school 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;".
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)2 and (12)2 and (14) of subsection (a) of Code Section 20-3-250.3 shall be required to meet the standards of financial soundness and being capable of fulfilling commit ments to students as provided in subparagraph (a)(l)(H) of this Code section, and2 because of such requirement, each such institution shall provide the commission with an annual audit performed by an 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 provisions of this part under paragraph (10) of subsection (a) of Code Section 20-3-250.3 shall be subject to the requirements of Code Sections 20-3-250.8; and 20-3-250-lOj and 20-3-250.10A. The commiasion shall issue an annual report reports to the Governor and to the General Assembly summarizing its required by 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 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:
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"20-3-250.10A. (a) It is the purpose of this Code section to create a trust fund from participation fees from postsecondary educational institutions to enable such institu tions, collectively, to protect students against financial loss when a postsecondary educa tional institution closes without reimbursing its students and without completing its educational obligations to its students.
(b) (1) Effective on July 1, 1992, 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 a proprietary school, and one of such members shall be a repre sentative of a nonprofit degree-granting college. The five members of the commission who are so designated shall serve for such terms of office as members of the board as the commission 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, 1990, and which have maintained continuous authorization in this state between July 1, 1990, and July 1, 1992, shall participate in the fund and shall not be required to provide surety bonds as provided in Code Section 20-3-250.10; provided, however, that any surety bond provided by an institution before July 1, 1992, shall remain in effect for one full year after the effective date of such surety bond.
(3) Postsecondary educational institutions which are authorized to operate in this state on and after July 1, 1992, and which were first authorized to operate in this state on or after July 1, 1990, shall participate in the fund and provide the surety bonds required in Code Section 20-3-250.10; provided, however, that such surety bonds shall no longer be required of such institutions after July 1, 1994. Postsecondary educational institutions which are first authorized to operate in this state after July 1, 1992, shall participate in the fund for five years of continuous authorized operation and shall provide the surety bonds required by Code Section 20-3-250.10 for two full years of continuous authorized operation at which time such surety bonds shall no longer be, required of such institutions.
(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. If an institution has not operated for a full year, its participation fee shall be based initially on its pro jected gross tuition for the first full year of operation. At the conclusion of the first
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year, the fee for that year shall be adjusted to reflect actual gross tuition. The annual fee 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, 1997. 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 $475,000.00. At such time, fees shall be collected from participating institu tions according to a schedule adopted by the commission based on gross tuition in amounts sufficient to raise the fund balance to $500,000.00.
(2) Each postsecondary educational institution which is first authorized to operate in this state after July 1, 1992, and is required to participate in the fund for five years of continuous authorized operation under the provisions of paragraph (3) of subsection (c) of this Code section shall be required to pay participation fees for such period of time notwithstanding the amount in the tuition guaranty fund. If the balance in the fund exceeds $500,000.00, participation fees shall be collected from each such institu tion according to the fee schedule adopted by the commission pursuant to paragraph (1) of this subsection.
(3) If earnings from investments, participation fees required under paragraph (2) of this subsection, and claims experience ever cause the balance in the fund to exceed $1,025,000.00, the commission, upon being notified by the board of trustees, shall make a refund to participating postsecondary educational institutions so that the fund balance is reduced to $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 refunds shall be issued no more than once during a fiscal year.
(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
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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; provided, however, that if the reimbursement from the fund is insufficient fully to cover the amount due the student or the entity making the loan to the student, then such student or entity shall retain the right of recovery against the defaulting institution for the unreimbursed amount. Payments from the fund shall be made by warrant of the director of the Fis cal Division of the Department 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 (3) 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 unless the full amount of the bond is paid in reim bursements and such amount is insufficient to cover all reimbursements. If a student, financial institution, or other lending entity is entitled to reimbursement of tuition paid for a term which concluded before the expiration of the surety bond, the reim bursement shall be accomplished by bond forfeiture proceedings and not from the tui tion guaranty fund unless the full amount of the bond is paid in reimbursements and such amount is insufficient to cover all reimbursements.
(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. For two years, such an institution shall provide the surety bond required in Code Section 20-3-250.10 and shall pay par ticipation fees to the tuition guaranty fund as provided in paragraph (2) of subsection (d) of this Code section.
(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 either the total amount paid during the immediately preceding calendar year in participation fees or $100,000.00, whichever is greater. 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. The commission shall have the authority to adopt rules on regulations which shall govern the board of trustees in the administration of the provisions of this para
graph. As a part of any such program, the board of trustees may reimburse the other
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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 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 claims experience during the preceding biennium. Such reports shall be issued during the regular session of the General Assembly held during each even-numbered year begin ning in 1994. (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 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Herbert of the 76th moved that the House agree to the Senate substi tute to HB 319.
On the motion, the ayes were 103, nays 3.
The motion prevailed.
SB 460. By Senator Moye of the 34th:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Anno tated, relating to the standards, labeling, and adulteration of food, so as to change certain definitions so as to exclude certain food establishments from regulation.
The following Senate amendment was read:
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Amend the House substitute to SB 460 by adding on page 6 a new "Section 5" to read as follows:
"Section 5. This Act shall become effective upon approval by the Governor or upon its becoming law without such approval."
Representative Selman of the 32nd moved that the House agree to the Senate amend ment to the House substitute to SB 460.
On the motion, the ayes were 96, nays 1.
The motion prevailed.
HB 1779.
By Representatives Taylor of the 94th, Thurmond of the 67th and Harris of the 96th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana in, on or within 1,000 feet of any real property dedicated and set apart by a county or municipal governing authority as a park, playground, or recreation center.
The following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to regulation of controlled substances, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to distribute a con trolled substance or marijuana or a counterfeit substance in, on, or within 1,000 feet of any real property dedicated and set apart by a county or municipal governing authority as a park, playground, or recreation center or in, on, or within 1,000 feet of any real prop erty of any publicly owned or publicly operated housing project unless such manufacture, distribution, or dispensing is otherwise allowed by law; to provide for penalties; to provide for nonmerger of offenses and the admittance of evidence; to provide for affirmative defenses to prosecution; to provide for an effective date and applicability; to repeal con flicting 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, relating to regulation of controlled substances, is amended by adding immediately following Code Section 16-13-32.4 a new Code Section 16-13-32.5 to read as follows:
"16-13-32.5. (a) It shall be unlawful for any person to manufacture, distribute, dis pense, or possess with intent to distribute a controlled substance or marijuana or a coun terfeit substance in, on, or within 1,000 feet of any real property which has been dedicated and set apart by the governing authority of any municipality or county for use as a park, playground, recreation center, or for any other recreation purposes, unless the manufacture, distribution, or dispensing is otherwise allowed by law.
(b) It shall be unlawful for any person to manufacture, distribute, dispense, or pos sess with intent to distribute a controlled substance or marijuana or a counterfeit sub stance in, on, or within 1,000 feet of any real property of any publicly owned or publicly operated housing project, unless the manufacture, distribution, or dispensing is otherwise allowed by law. For the purposes of this Code section, the term "housing project" means any facilities under the jurisdiction of a housing authority which constitute single or multifamily dwelling units occupied by low and moderate-income families pursuant to Chapter 3 of Title 8.
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(c) Any person who violates or conspires to violate subsections (a) and (b) of this Code section shall be guilty of a felony and upon conviction shall receive the following punishment:
(1) Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both; or
(2) Upon a second or subsequent conviction, imprisonment for not less than five years nor more than 40 years or a fine of not more than $40,000.00, or both. It shall be mandatory for the court to impose a minimum sentence of five years which may not be suspended unless otherwise provided by law. A sentence imposed under this Code section shall be served consecutively to any other sentence imposed. (d) A conviction arising under this Code section shall not merge with a conviction arising under any other provision of this article. (e) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of any publicly owned or publicly operated housing project or the real property set apart for use as a park, playground, recreation center, or for any other recreation purposes, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to estab lish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county. (f) The governing authority of a municipality or county may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of any lands or buildings set apart for use as parks, playgrounds, recreation centers, or any other recre ation purposes as 'Drug-free Recreation Zones' and designating the areas within 1,000 feet of the real property of any publicly owned or publicly operated housing project as 'Drug-free Residential Zones.' (g) It is an affirmative defense to prosecution for a violation of this Code section that the prohibited conduct took place entirely within a private residence, that no per son 17 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct was not carried on for purposes of financial gain. Nothing in this subsection shall be construed to establish an affirmative defense with respect to any offense under this chapter other than the offense provided for in subsections (a) and (b) of this Code section."
Section 2. This Act shall become effective on July 1, 1992, and shall apply to crimi nal offenses committed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Taylor of the 94th moved that the House agree to the Senate substi tute to HB 1779.
On the motion, the ayes were 102, nays 1.
The motion prevailed.
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HB 1116. By Representative McKinney of the 35th:
A bill to amend Code Section 36-34-2 of the Official Code of Georgia Anno tated, relating to the administration of government generally, so as to pro vide that such power shall include the power to authorize any of the officers, agents, and employees of the municipal corporation to serve certain process, summons, notices, or orders.
The following Senate substitute was read:
A BILL
To amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to the organization of county government, and Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to the administration of municipal government generally, so as to provide for the power of county and municipal governing authorities to authorize any of the officers, agents, and employees of the county or municipal corporation to serve certain process, summons, notices, or orders; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to the organization of county government, is amended by adding a new Code Section 36-5-26 to read as follows:
"36-5-26. A county governing authority shall have the power to authorize any of the officers, agents, and employees of the county to serve, in any manner prescribed by applicable law, any process, summons, notice, or order on all persons, as defined in Code Section 1-3-3 therein named, when:
(1) The paper to be served arises out of or relates to an activity or condition con ducted or maintained by such person within the territorial jurisdiction of the county in violation of an applicable law or ordinance covering the following: public housing, building, electrical, plumbing, heating, ventilating, air-conditioning, air and water pol lution control, solid waste management, and other technical or environmental codes; county business, occupation, and professional license tax ordinances; county privilege license or permit ordinances; or ordinances providing for the protection of facilities for the treatment or wholesale or retail distribution of water from tampering or theft which may arise either from a single isolated act or omission or from an activity or condition;
(2) The paper to be served originates in or is issued under the authority of the department or branch of county government employing such officer, agent, or employee; and
(3) Each and every day the condition is maintained or the activity is conducted is made a separate county offense by applicable law or ordinance. Where any such paper names one or more persons who reside outside the territorial jurisdiction of the county, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such paper and make appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon receipt of a written request to make such service, for the fees allowed for service of process issued by the superior courts of this state."
Section 2. Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to the administration of government generally, is amended by striking in its entirety para graph (3) and inserting in lieu thereof the following:
"(3) The power to authorize any of the officers, agents, and employees of the munici pal corporation to serve, in any manner prescribed by applicable law, any process, sum mons, notice, or order on all persons, as defined in Code Section 1-3-3 therein named, when:
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(A) The paper to be served arises out of or relates to an activity or condition^ other than gte isolated act er omission, conducted or maintained by such person within the territorial jurisdiction of the municipal corporation in violation of an appli cable law or ordinance covering the following: municipal housing, building, electrical, plumbing, heating, ventilating, air-conditioning, air and water pollution control, solid waste management, and other technical or environmental codes; municipal business, occupation, and professional license tax ordinances; municipal privilege license or per mit ordinances; or ordinances providing for the protection of facilities for the treat ment or wholesale or retail distribution of water from tampering or theft which may arise either from a single isolated act or omission or from an activity or condition;
(B) The paper to be served originates in or is issued under the authority of the department or branch of municipal government employing such officer, agent, or employee; and
(C) Each and every day the condition is maintained or the activity is conducted is made a separate municipal offense by applicable law or ordinance. Where any such paper names one or more persons who reside outside the territorial jurisdiction of the municipal corporation, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such paper and make appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon receipt of a written request to make such service, for the fees allowed for service of process issued by the superior courts of this state;".
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Campbell of the 23rd moved that the House agree to the Senate sub stitute to HB 1116.
On the motion, the ayes were 107, nays 0.
The motion prevailed.
HR 966. By Representative Hudson of the 117th:
A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of water and sanitary sewer lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Pulaski County.
The following Senate substitute was read:
A RESOLUTION
Authorizing the granting of a nonexclusive easement for operation and maintenance of water and sanitary sewer lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Pulaski County, Georgia; authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, to the Board of Commissioners of Richmond County; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain real property located in Land Lots 369 and 380 of the 21st District of Pulaski County, Georgia, which is in the custody of and utilized by the Department of Corrections; (2) The Department of Corrections is in the process of expanding its prison facilities to include the Pulaski Women's Correctional Institution; (3) The City of Hawkinsville, Pulaski County, has agreed to provide water and sani tary sewer service to the above-mentioned correctional institution; and
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(4) The Department of Corrections agrees with the granting of this easement to the City of Hawkinsville, Pulaski County, for the above-described purpose; and
WHEREAS: (1) The State of Georgia is the owner of approximately two acres of real property lying on the southeast boundary of the State Training School in Richmond County, Geor gia; (2) The custody of the subject state owned real property is vested in the Department of Human Resources; (3) The said real property is all that tract of real property consisting of 2.00 acres and constituting a portion of the property of the State Training School of the State of Georgia, in Richmond County, Georgia, as shown on that certain plat dated March 4, 1992, entitled "Plat for Richmond County Board of Commissioners" and from said plat being more particularly described as follows: Commencing at a point 7,696 feet from the right-of-way of Old Savannah Road on the North side of Phinizy Road; thence, along the right-of-way of Phinizy Road N7035'55" West a distance of 396.83 feet; thence N2310'00" East a distance of 220.99 feet; thence S7035'55" East a distance of 393.42 feet; thence S2216'55" West a distance of 220.79 feet, the point of beginning. The said property is shown on a plat prepared by David L. Hargrove, Georgia Registered Land Surveyor No. 1940, which plat is on file in the office of the State Properties Com mission; (4) The said real property is no longer needed by the Department of Human Resources in connection with the operation of the State Training School; and (5) The conveyance of the above-described property would be beneficial both to the State of Georgia and Richmond County and would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
Section 1. (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.
(b) That the State of Georgia, acting by and through its State Properties Commis sion, may grant to the City of Hawkinsville, Pulaski County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of water and sanitary sewer lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing water and sanitary sewer lines, 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 Land Lots 369 and 380 of the 21st District of Pulaski County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown on a plat entitled "Survey for State of Georgia Department of Corrections" and prepared by Olin J. McLeod, Georgia Regis tered Land Surveyor No. 2259, dated June 25, 1990, and presented to the State Proper ties Commission for approval.
(c) That the above-described premises shall be used solely for the purpose of plan ning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said water and sanitary sewer lines.
(d) That the City of Hawkinsville, Pulaski County, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water and sanitary sewer lines.
(e) That, after the City of Hawkinsville, Pulaski County, has put into use the water and sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and
MONDAY, MARCH 30, 1992
3927
assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon aban donment, the City of Hawkinsville, Pulaski County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns.
(f) That no title shall be conveyed to the City of Hawkinsville, Pulaski County, and, except as herein specifically granted to the City of Hawkinsville, Pulaski County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Hawkinsville, Pulaski County.
(g) 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, the City of Hawkinsville, Pulaski County, shall remove or relocate its facilities at its sole cost and expense.
(h) That the easement granted to the City of Hawkinsville, Pulaski County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
(i) That the consideration for such easement shall be $10.00 and the benefit of the state and upon such further consideration and provisions as the State Properties Commis sion may determine to be in the best interest of the State of Georgia.
(j) That this grant of easement shall be recorded by the grantee in the Superior Court of Pulaski County and a recorded copy shall be forwarded to the State Properties Commission.
(k) That the authorization in this resolution to convey the above-described property to the City of Hawkinsville, Pulaski County, shall expire three years after the date that this resolution becomes effective.
(1) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE 2
Section 2. (a) That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
(b) That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance to the Board of Commissioners of Rich mond County.
(c) That the consideration for such conveyance shall be $650.00 so long as the prop erty is used for public purposes and shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
(d) That the conveyance considered in this resolution shall contain such other rea sonable terms and conditions as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Properties Commission describes the same conveyance area considered in this resolution.
(e) That the conveyance instrument authorized by this resolution shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
(f) That the authorization in this resolution to convey the above-described property to the Board of Commissioners of Richmond County shall expire three years after the date that this resolution becomes effective.
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ARTICLE 3
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.
Representative Hudson of the 117th moved that the House agree to the Senate substi tute to HR 966.
On the motion, the ayes were 109, nays 2.
The motion prevailed.
HB 1871.
By Representatives Cummings of the 17th, Smith of the 16th, Kilgore of the 42nd, Watson of the 114th, Watts of the 41st and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide that American sign language shall be considered to be a foreign language for the purposes of fulfilling the requirements of the college preparatory curriculum.
The following Senate amendment was read:
Amend HB 1871 by inserting on line 6 of page 1 after the word and symbol "curricu lum;" the following:
"to provide that American Sign Language may be accepted for an elective credit or as a third unit of foreign language credit for certain other students;".
By inserting between "20-2-151.1." and "For" on line 14 of page 1 the following: "(a)".
By striking the quotation marks at the end of line 3 of page 2 and inserting between lines 3 and 4 of page 2 the following:
"(b) For the purpose of earning Carnegie unit curriculum credits at the high school level, American Sign Language may be accepted by the State Board of Education for one unit of elective credit or for the third unit of foreign language credit for any student who is not covered by the provisions of subsection (a) of this Code section.'"
Representative Cummings of the 17th moved that the House agree to the Senate amendment to HB 1871.
On the motion, the ayes were 110, nays 2.
The motion prevailed.
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.
The following Senate substitute was read:
MONDAY, MARCH 30, 1992
3929
A BILL
To amend Article 5 of Chapter 16 of Title 47 of the Official Code of Georgia Anno tated, 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 service credit for such service; to pro vide for application; to provide for tender of certain sums; to provide for the use of such service for eligibility for benefits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 16 of Title 47 of the Official Code of Georgia Anno tated, relating to service creditable toward retirement under the Sheriffs' Retirement Fund of Georgia, is amended by inserting at the end thereof a new Code Section 47-16-84 to read as follows:
"47-16-84. (a) Anything in this chapter to the contrary notwithstanding, any mem ber who, prior to becoming a member, was appointed to fill an anticipated vacancy in the office of sheriff and who served in that capacity shall be eligible for and, upon appli cation, shall receive service credit for such service.
(b) Any such member shall give written notice to the secretary-treasurer of his claim for credit for such service, together with an amendment to his application for member ship, in such form as may be approved by the board. The amendment shall list all such periods of service for which he intends to claim credit as a basis for his future retire ment. The notice and amendment shall be filed prior to August 31, 1992, or within the first 30 days of any new term of office of such member.
(c) At the time such member gives written notification to the secretary-treasurer, such member must also tender payment of all amounts due under paragraph (5) of Code Section 47-16-40 for the service listed in the amendment to his application for member ship, together with interest on such amounts at 8 percent per annum from the date of acceptance of his original membership.
(d) Service credit granted pursuant to this Code section shall be deemed to be ser vice as a qualified and commissioned sheriff of a county in the State of Georgia for pur poses of eligibility for retirement benefits provided in Code Section 47-16-100; provided, however, that for purposes of such Code section, such service shall be deemed performed after July 1, 1988."
Section 2. This Act shall become effective on July 1, 1992, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1992, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Cummings of the 17th moved that the House agree to the Senate sub stitute to HB 501.
On the motion, the ayes were 105, nays 1.
The motion prevailed.
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 Senate substitute was read:
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JOURNAL OF THE HOUSE,
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 the term "land surveyor"; to change the provisions relating to eligibility for a land surveyor-intraining certificate; to change certain references; to change the provisions relating to eligi bility for a land surveyor certificate of registration; to change the provisions relating to the reissuance of certificates and certificates of registration by the State Board of Registration for Professional Engineers and Land Surveyors; to change the provisions relating to the registrant's affixing of his or her seal in connection with engineering or land surveying work reflected in certain plans, specifications, plats, or reports; to change certain provi sions relating to fraud or misconduct in the practice of professional engineering or land surveying; to provide that every firm, partnership, corporation, or other entity which per forms or offers to perform surveying services shall have a resident registered land surveyor in responsible charge in each separate branch office in which surveying services are per formed or offered to be performed; 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 its entirety para graph (7) of Code Section 43-15-2, relating to definitions used in said chapter, and insert ing in lieu thereof a new paragraph (7) to read as follows:
"(7) 'Land surveyor' means an individual who is qualified to engage in the practice of land surveying and who possesses a current certificate of registration as a land sur veyor issued by the board. A person shall be construed to practice or offer to practice land surveying within the meaning of this chapter who by verbal claim, sign, advertise ment, letterhead, cards, or in any other way represents or holds himself or herself out as able or qualified to perform or who does perform any of the services defined as land surveying."
Section 2. Said chapter is further amended by striking in its entirety Code Section 43-15-12, relating to eligibility for a land surveyor-in-training certificate, and inserting in lieu thereof a new Code Section 43-15-12 to read as follows:
"43-15-12. To be eligible for certification as a land 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 i which
ts tend surveying subjects er subsequent te which the applicant has acquired a- min-
tHHHft Or TO (JUQPrCf flOUfS CrCdlt, OP ItS CQUlVfllCIlt, M? IflHQ 9UFVCyiH S'UDJCCtS "tfl H
eewse ef study approved by the beard; or (B) Earn an associate degree, or its equivalent, in a curriculum approved by the
Doflrd ffi WHICH the ftpplicsrit nfls sccjuifcd & imminurR of TO cjiiflrtcr nours credit, of its CQUivfticntj frR ifltid surveying suojects or suDscQucnt TO wfiicn CJIG flppiicftnt
not less than two years of combined office and field experience in land surveying of a nature satisfactory to the board; or
(C) Earn a high school diploma, or its equivalent and7 i addition, complete
tefy te the beard and acquire not less than four years' experience in land surveying of a nature satisfactory to the board; and (2) Acquire a minimum of 15 quarter hours' credit, or its equivalent, m land sur veying subjects in a course of study approved by the board; provided, however, that on and after January 1^ 1995, the minimum requirement shall be 20 quarter hours' credit, five of which shall be in hydrology; and {2} (3) Subsequently pass the board's written examination in the fundamentals of land surveying (land surveyor-in-training examination)."
MONDAY, MARCH 30, 1992
3931
Section 3. Said chapter is further amended by striking in its entirety Code Section 43-15-13, relating to eligibility for a land surveyor certificate of registration, and inserting in lieu thereof a new Code Section 43-15-13 to read as follows:
"43-15-13. To be eligible for a certificate of registration as a land surveyor, an appli cant must meet the following minimum requirements:
(1) (A) Obtain certification as a land surveyor-in-training under subparagraph (1)(A) and paragraph {8) (31 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 surveying with a minimum of three years' experience in responsible charge of land surveying projects under the supervi sion of a registered land 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 land surveying and the laws of this state relating to land surveying (land surveyor examination); or (2) (A) Obtain certification as a land surveyor-in-training under subparagraph (1MB) and paragraph W (3) 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 land 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 surveying projects under the supervision of a registered land surveyor or such other supervi sion deemed by the board to be the equivalent thereof; and
(C) Subsequently pass a written examination on the principles and practices of land surveying and the laws of Georgia relating to land surveying (land surveyor examination); or (3) (A) Obtain certification as a land surveyor-in-training under subparagraph (1)(C) and paragraph (2> (3) of Code Section 43-15-12;
(B) Acquire an additional specific record of not less than four years of experi ence in land surveying which, together with the qualifying experience under subpar agraph (1)(C) of Code Section 43-15-12, includes not less than six years' experience in responsible charge of land surveying under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof and of a grade and character satisfactory to the board indicating that the applicant is competent to practice land surveying; and
(C) Subsequently pass a written examination on the principles and practices of land surveying and laws of this state relating to land surveying (land surveyor exam ination)."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-15-20, relating to the reissuance of certificates and certificates of regis tration, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board, in its sole discretion, may reissue a certificate or a certificate of reg istration 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 er mere a majority of the members of the board and upon the payment of a fee prescribed by the board."
Section 5. Said chapter is further amended by striking in its entirety Code Section 43-15-22, relating to the requirement that a registered engineer and land surveyor obtain a seal and the use of such seal, and inserting in lieu thereof a new Code Section 43-15-22 to read as follows:
"43-15-22. (a) Every engineer and land 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 the legend 'Registered Pro fessional Engineer,' or 'Registered Land Surveyor,' in accordance with the certificate of registration.
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JOURNAL OF THE HOUSE,
(b) Plans, specifications, plats, and reports issued by a registrant shall be stamped or sealed and countersigned by the registrant; 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 registrant unless such registrant has personally performed the engineering or land surveying work involved or, when the registrant has not person ally performed the engineering or land surveying work reflected in any plan, specifica tion, plat, or report, such registrant has affixed his or her seal thereto only after he has reviewed trie WOPK embodied, m such pl&n, specificfltion, piflt, or report snd fids sflttsiicd himself completely that such work is accurate if such document has been prepared by an employee or employees under the registrant's direct supervisory control on a daily basis and after the registrant has thoroughly reviewed the work embodied in such docu ment and has satisfied himself or herself completely that such work is adequate.
(c) No registrant shall affix his seal to any plan, specification, plat, or report unless he has assumed the responsibility for the accuracy and adequacy of the work involved.
(d) Any registrant who has affixed his or her seal to any plan, specification, plat, or report prepared by another without having first reviewed the same person not under the registrant's direct supervisory control on a daily basis, and without having thoroughly reviewed such work, shall be deemed to have committed a fraudulent act of misconduct in the practice of professional engineering or land surveying."
Section 6. Said chapter is further amended by adding at the end of subsection (d) of Code Section 43-15-23.1, relating to land surveying firms, corporations, or other entities, a new paragraph (3) to read as follows:
"(3) Every firm, partnership, corporation, or other entity which performs or offers to perform surveying services shall have a resident registered land surveyor in responsible charge in each separate branch office in which surveying services are performed or offered to be performed. A resident means a registrant who spends the majority of his or her normal working time at his or her place of business. The registrant can be the resident licensee at only one place of business at one time."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Watson of the 114th moved that the House agree to the Senate substi tute to HB 143.
On the motion, the ayes were 104, nays 1.
The motion prevailed.
HB 2007.
By Representatives Parham of the 105th and Lord of the 107th:
A bill to amend an Act creating a board of commissioners of Baldwin County, so as to provide for the election of board members from commis sioner districts from which members of the board are elected.
The following Senate substitute was read:
A BILL
To amend an Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, so as to change the composition of commissioner districts from which members of the board are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General; to repeal a specific law; to repeal conflicting laws; and for other purposes.
MONDAY, MARCH 30, 1992
3933
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) (1) There is created a five-member board of commissioners of Baldwin County who shall administer the affairs of the county. For the purpose of electing members of the board, Baldwin County shall be divided into five commissioner dis tricts as follows:
Commissioner District: 1
BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 139, 209, 210, 212, 213, 214, 215, 218, 226 Tract: 9702. Block(s): 524 VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9703. Block(s): 220C, 220D, 220E, 222C, 225B, 226B VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 302A, 303A, 304A, 307A, 308, 309, 310A, 311A, 318, 319, 320, 321, 401A, 402 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9702. Block(s): 323B, 325A Tract: 9703. Block(s): 220A, 220B, 221, 222A, 222B, 225A, 226A Tract: 9704. Block(s): 110, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 215, 216, 217, 221, 222 VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9704. Block(s): 313, 314, 315, 316, 317, 318, 319 VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 139, 140, 141 Tract: 9706. Block(s): 101 Tract: 9707. Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 117, 118, 119, 120, 121, 122, 123, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 310B, 311B, 401B, 426, 427, 428 VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 218, 219, 220, 301, 302, 303, 304, 305, 306, 320, 321, 322, 323, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 423, 424, 425, 426, 427, 430, 431, 504, 505, 506, 513
Commissioner District: 2
BALDWIN COUNTY VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707.
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Block(s): 140A, 312A, 313, 314A, 315, 316, 317, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 424, 425, 548A
VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9705. Block(s): 110, 111, 112, 216, 217, 218, 222, 223, 224, 225, 226, 227, 228, 229
VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201A, 201C, 215A, 215B, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 9708. Block(s): 206, 207, 208, 211, 212, 213, 214, 215, 217, 218
VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 137, 138 Tract: 9706. Block(s): 102B, 106B, 107B, 201B Tract: 9707. Block(s): 312B, 314B, 404C, 545, 546, 547, 548B, 548C
VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9705. Block(s): 107, 108, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 142, 143
Commissioner District: 3
BALDWIN COUNTY VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B, 307, 308C, 308D, 309B, 310B, 311C, 311D, 311E, 311F Tract: 9705. Block(s): 201B, 202B, 212B, 325B, 326C, 326D, 341, 342, 343B, 344A, 344B, 346C, 346D, 347, 348, 350B, 356B, 359B, 361, 362B, 363, 364, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 201, 202, 203, 204, 205, 210, 401, 402, 403, 404, 405, 410, 411, 412, 413, 414 VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9703. Block(s): 229A, 230A, 231A, 232A, 233A Tract: 9704. Block(s): 212A, 212B, 212C, 213A, 214A, 308A VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9703. Block(s): 230B Tract: 9704. Block(s): 308B, 309A, 310A, 311A, 311B, 312, 324, 325, 428, 429, 507, 508, 509 Tract: 9705.
MONDAY, MARCH 30, 1992
3935
Block(s): 109, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214, 215, 219, 220, 221, 325A, 326A, 326B, 343A, 345, 346A, 346B, 349, 350A, 351, 352, 353, 354, 355, 356A, 357, 358, 359A, 360, 362A
VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 217, 218 Tract: 9708. Block(s): 209, 216, 231
VTD: 0010 CMC 320G (Part) Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 115, 116
VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422, 501, 502, 503, 510, 511, 512, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 Tract: 9705. Block(s): 101, 102, 103, 104, 105, 106, 128, 130, 131, 132, 133, 134, 135, 136
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302
Commissioner District: 4
BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 206, 207, 208, 211, 216, 217, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383 Tract: 9707. Block(s): 126 VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 201A, 201B, 217A, 218A, 219, 220, 221, 222A, 223, 224, 501A, 501B, 502, 503A, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518 VTD: 0010 CMC 320G (Part) Tract: 9707. Block(s): 124, 125, 127, 128, 131, 138, 139. 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 403, 404B, 409, 410, 411, 412, 413, 414, 415B, 418B, 419, 420B, 421, 501C, 503B, 515B, 516, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 549, 550 Tract: 9708.
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JOURNAL OF THE HOUSE,
Block(s): 101, 102, 103, 104, 105A, 118A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 132, 133
Commissioner District: 5
BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107D, 107E, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185B, 201, 202, 203, 204, 205, 309 Tract: 9702. Block(s): 342B VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 227, 228, 229B Tract: 9704. Block(s): 101B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A Tract: 9702. Block(s): 107A, 202A, 206A, 301A, 302, 303, 304, 305, 317, 318, 319A, 319B, 319C, 320A, 321A, 322, 323A, 324, 327A, 328A, 329A, 330B, 330C, 332A, 342A Tract: 9703.
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Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 223, 224
Tract: 9704. Block(s): 101A, 102, 103, 104, 105, 111, 112
VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 106, 107, 108, 109, 114, 115, 116
(2) For purposes of this subsection: (A) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(B) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(C) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(D) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the bound aries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(E) Any part of the county which is not included in any commissioner district described in this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(F) Any part of the county which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commis sioner district. Such noncontiguous part shall instead be included within that com missioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(b) There shall be elected one member of the board to represent each of the five commissioner districts. Each person qualifying for nomination or election to the board shall be a resident and qualified voter of the commissioner district to which he seeks such nomination or election. The member elected from each such commissioner district shall be elected by the qualified voters of Baldwin County residing solely within such commissioner district. To be elected as a member of the board from a commissioner dis trict, a candidate must receive the highest number of votes cast and, at the same time, the candidate must receive a majority of the total votes cast in such commissioner dis trict. If a member of the board moves his residence from the commissioner district which he represents, such office on the board shall thereby become vacant.
(c) All members of the board of commissioners of Baldwin County who are in office on January 1, 1992, shall serve for the remainder of their unexpired terms to which they were elected. At the November general election in 1992, members shall be elected to represent each of the five commissioner districts. The persons elected to such commis sioner districts at such election shall take office on January 1, 1993. The members elected at the November general election in 1992 shall have terms of office of four years each and until their respective successors are elected and qualified. Thereafter, succes sors shall be elected in the general election in the year in which the terms of office expire and shall take office on the first day of January immediately following their elec tion for terms of four years and until their successors are elected and qualified. All members shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the 'Georgia Election Code.'
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(d) Beginning January 1, 1993, and continuing thereafter, the board of commission ers shall, at its first meeting in January, elect a chairman from among its membership to serve for a term of one year."
Section 2. It shall be the duty of the county attorney of Baldwin County to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the board of commissioners of Bald win County to direct and ensure that such submission is made by the county attorney or some other attorney if the county attorney fails to act. It shall be the duty of the board of commissioners and county attorney of Baldwin County to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without his approval and to ensure that such submission contains all materi als necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General.
Section 3. An Act amending an Act creating a board of commissioners of Baldwin County enacted at the 1992 regular session of the General Assembly of Georgia, S.B. 625, and approved by the Governor on February 26, 1992, as Act No. 632 is repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Parham of the 105th moved that the House agree to the Senate substi tute to HB 2007.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 113. By Representative Lane of the 27th:
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 require a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 113
The Committee of Conference on HB 113 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 113 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ W. F. Harrris Senator, 27th District
/s/ Dick Lane Representative, 27th District
/s/ Gene Walker Senator, 43rd District
/s/ Jimmy Skipper Representative, 116th District
/s/ Sonny Perdue Senator, 18th District
/s/ L. Charles Watts Representative, 41st District
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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; to amend Code Section 36-35-2 of the Official Code of Georgia Annotated, relating to incorporation, dissolution, or merger of municipalities and changes in municipal bound aries, so as to change the time limitation relative to the annexation of property which had been deannexed by local Act of the General Assembly; to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to the annexation of territory by municipalities, so as to comprehensively revise the provisions relating to such annexation; to establish procedures applicable to annexation; to prohibit creation of unincorporated islands; to provide for annexation of unincorporated islands; 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 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, is amended by adding a new Code Section 28-1-14.1 to read as follows:
"28-1-14.1. A copy of any local bill which proposes to annex unincorporated land to a municipality shall be provided to the governing authority of the county within which the area proposed to be annexed is located at the time the notice required by Code Sec tion 28-1-14 is published; otherwise such annexation shall be void. Provided, however, any such bill shall be subject to amendment during the legislative process without affecting its validity."
Section 2. Code Section 36-35-2 of the Official Code of Georgia Annotated, relating to incorporation, dissolution, or merger of municipalities and changes in municipal bound aries, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Whenever any local Act of the General Assembly deannexes property lying within the boundaries of a municipal corporation, such property shall not be subject to annexation under Chapter 36 of this title by the municipal corporation from which the property was deannexed for a period of five three years from such deannexation."
Section 3. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to the annexation of territory by municipalities, is amended by striking said chapter in its entirety and substituting in lieu thereof a new Chapter 36 to read as follows:
"CHAPTER 36 ARTICLE 1
36-36-1. The procedures set forth in this article shall apply to all annexations pursu ant to this chapter and to annexation by local Act of the General Assembly.
36-36-2. (a) Except as provided in subsection (b) of this Code section, and unless otherwise agreed by joint resolution of the county governing authority and the governing authority of the municipality annexing land, all annexation shall become effective on the last day of the calendar quarter during which such annexation occurred.
(b) Where an independent school system exists within the boundaries of a municipal ity, other effective dates may be established by the municipality solely for the purpose of determining school enrollment.
36-36-3. (a) Within 30 days after the effective date by local Act annexing property into a municipality or within 30 days after the effective date of an annexation by ordi nance, the governing authority of the municipality annexing land shall identify the annexed area by providing a map and complete survey by a competent surveyor of the area annexed to the Secretary of State and to the governing authority of the county in which the annexed property is located.
(b) For an annexation pursuant to Article 6 of this chapter, the municipal governing authority may provide, in lieu of the map and complete survey required by subsection
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(a) of this Code section, a copy of the page or pages from the plat book which identifies the property being annexed or a copy of the tax map or maps in which the property being annexed is located.
(c) The map and survey of each annexed area required to be provided to the Secre tary of State shall be transmitted to the director of the Elections Division of the Secre tary of State.
36-36-4. (a) Except as provided in Code Section 36-36-5, the creation of unincorpo rated islands as described in paragraph (1), (2), or (3) of this Code section shall be pro hibited:
(1) Annexation or deannexation which would result in the creation of an unincor porated area with its aggregate external boundaries abutting the annexing municipalityj
(2) Annexation or deannexation which would result in the creation of an unincor porated area with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or
(3) Annexation or deannexation which would result in the creation of an unincor porated area to which the county would have no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county. (b) When requested by resolution of the county governing authority, a municipality is authorized to provide any service or exercise any function within an unincorporated island. Such authority shall be in addition to any other authority of the municipality to provide extraterritorial services or functions. For purposes of this subparagraph, 'unincorporated island' shall have the same meaning as contained in paragraph (3) of Code Section 36-36-90.
36-36-5. Annexation of an unincorporated island comprised of more than 50 acres shall be annexed only through use of the annexation method provided by Article 3 of this chapter; provided, however, any land of less than 50 acres in size located within such an unincorporated island may be annexed through the use of the annexation meth ods contained in Article 2j 3^ or 4 of this chapter or by a local Act of the General Assem bly.
36-36-6. Upon accepting an application for annexation pursuant to subsection (a) of Code Section 36-36-21 or a petition for annexation pursuant to Code Section 36-36-32, or upon adopting a resolution calling for an annexation referendum pursuant to Code Section 36-36-57, the governing authority of the annexing municipality shall within five business days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to iden tify the area. Where the proposed annexation is to be effected by a local Act of the Gen eral Assembly, a copy of the proposed legislation shall in accordance with Code Section 28-1-14.1 be provided to the governing authority of the county wherein the proposed annexation is located at the same time the notice of intent required by state law is pub lished.
36-36-7. (a) Upon receiving notice of a proposed annexation pursuant to Code Sec tion 36-36-6, the county governing authority shall notify the governing authority of the municipality within five business days of receipt of such notice if any county owned public facilities are located in the area proposed to be annexed.
(b) Except as otherwise provided in this Code section, ownership and control of county owned public properties and facilities are not diminished or otherwise affected by annexation of the area in which the county owned public property or facility is located.
(c) Whenever a municipality annexes land on both sides of a county road right of way, the annexing municipality shall assume the ownership, control, care, and mainte nance of such right of way unless the municipality and the county agree otherwise by joint resolution.
(d) Whenever county owned property or a county owned facility within an area annexed by a municipality is no longer usable for service to the unincorporated area of
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the county as a result of the annexation, the annexing municipality shall be required to acquire said property from the county governing authority under the following condi tions:
(1) The annexation must be final; (2) The county property or facility must be funded by revenues derived from the unincorporated areas of the county and must be used to provide services solely to the unincorporated areas of the county; (3) The county adopts a resolution declaring that the property or facility is no longer usable for service to the unincorporated area of the county as a result of the annexation; and (4) Unless otherwise provided by mutual agreement, the county shall be compen sated in an amount equal to the fair market value of the property or facility which is no longer usable for service to the unincorporated area. If the county and munici pality fail to agree as to the fair market value of the property or facility within 180 days following adoption of the resolution required by paragraph (3), the question of fair market value shall be submitted to a special master appointed by the superior court of the county in which the property or facility is located for determination of value. 36-36-8. No annexation shall invalidate any utility service agreement between a county and an annexing municipality in effect on the effective date c^f this chapter, except by mutual written consent. 36-36-9. All notices to a municipal or county governing authority required pursuant to this chapter shall be sent by certified mail return receipt requested.
ARTICLE t ARTICLE 2
36-36-1 36-36-20. As used in this article, the term 'contiguous area' means any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal cor poration or some other political subdivision, by lands owned by this state, or by the def inite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed. If, at the time annexation procedures are initiated, the entire area to be annexed is owned by the municipal governing author ity to which the area is to be annexed and if the annexation of municipally owned prop erty is approved by resolution of the governing authority of the county wherein the property is located, then the term 'contiguous area' shall mean any area which, at the time annexation procedures are initiated, abuts directly on the municipal boundary or which would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width or by the length of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed.
36-36-2 36-36-21. (a) Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas contiguous to the existing corporate limits at the time of such annexation2 in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, pro posed to be annexed, containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the munic ipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipal corporation, a complete survey by a competent surveyor, et
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necessarily a county surveyor, shaH be filed as a part ef the ordinance annexing the terFitopy find ft copy, ccrtiiicu. t0 Dy inc CIGFK OP siiwiisF oiiicicti OT tftc fnunicipfli COPpors*
property so annexed shall be filed with the Secretary of State and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within the cor porate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by special local Act of the General Assembly.
(b) This article shall not apply to any municipal corporation within a county having a population of 100,000 or more persons according to the United States decennial census of 1960 or any future such census.
ARTICLE 3 ARTICLE 3
36-36-20 36-36-30. As used in this article, the term 'municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1960 or any future such census.
86 36'21 36-36-31. (a) As used in this article, the term 'contiguous area' means any area of which at least one-eighth of the aggregate external boundary, at the time annex ation procedures are initiated, directly abuts the municipal boundary. Any area shall also be a 'contiguous area' if at least one-eighth of its aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation.
(b) For purposes of determining an area's aggregate external boundary, all real prop erty which, at the time annexation procedures are initiated, (1) is owned by the same person who owns real property in the area to be annexed, (2) adjoins to any extent such owner's real property in the area to be annexed, (3) is in the same county as the real property in the area to be annexed, and (4) is not included within the boundaries of any municipal corporation shall have its area included in determining the aggregate external boundary of the area to be annexed.
86-86-22 36-36-32. (a) Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas which are contiguous to the existing corporate limits at the time of such annexation in accordance with the procedures provided in this article and in Article 1. of this chapter, upon the written and signed application of not less than 60 percent of the electors resident in the area included in any such application and of the owners of not less than 60 percent of the land area, by acreage, included in such applica tion. The authority granted in this Code section is in addition to existing authority and is intended to provide a cumulative method of annexing territory to municipal corpora tions in addition to those methods provided by present law.
(b) Each such application shall contain a complete description of the land proposed to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such lim its.
(c) Each person signing an application for annexation shall also print or type thereon his name, address, and the date of signature. In addition, he shall indicate whether he is a landowner within the area to be annexed, an elector, or both.
{} (d) For the purpose of determining the percentage of electors signing such appli cation, the municipal governing body shall obtain a list of electors residing in such area from the board of registrars of the county or counties in which the area lies. The list shall be compiled by the board of registrars and provided to the municipal governing body in accordance with Code Section 21-2-243. The municipal governing body shall bear the expense of the preparation of the list in the manner prescribed by such Code section.
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{4} (e) For the purpose of determining ownership of the property included within such application, the record titleholder of the fee simple title or his legal representative shall be considered the 'owner' of the property.
(f) Signatures of owners of public roads and other public land within the area to be annexed shall not be required in satisfying the requirements of subsection (a) of this Code section and the acreage of such public properties shall be excluded from acreage calculations pertaining to the landowner approval required by said subsection (a). This subsection applies only where the public properties are included in the area to be annexed.
(g) The necessary number of signatures of landowners and electors shall be obtained within one calendar year following the date of the first signature obtained. Failure to collect the required number within the one-year period shall invalidate previously col lected signatures. Nothing in this subsection shall prohibit collection of signatures from the same persons on subsequent applications for annexation.
36-36'23 36-36-33. There shall be no annexation across the boundary lines of any county under this article.
36-36-24 36-36-34. Whenever the governing body of a municipal corporation receives an application pursuant to Code Section 36 36-22 36-36-32, it shall, after investigation, determine whether such application complies with the requirements of this article. If it is determined that the application does not comply with this article, the governing body shall notify in writing the persons presenting the application, stating wherein the appli cation is deficient. If it is determined that the application does comply with this article, the municipal governing body shall proceed to act on the application in accordance with Code Section 36-36-26 36-36-36.
36-36-26 36-36-35. (a) A municipal corporation exercising authority under this arti cle shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section 36-36-26 36-36-36, shall prepare a report setting forth its plans to provide services to the area.
(b) The report required in subsection (a) of this Code section shall include: (1) A map or maps of the municipality and adjacent territory, showing the present
and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, and the proposed extensions of such mains and outfalls as required in paragraph (2) of subsection (c) of this Code section; and
(2) A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the munici pality at the time of annexation. (c) The plans required in subsection (a) of this Code section shall:
(1) Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on substantially the same basis and in the same manner as such services are provided within the rest of the municipal corporation prior to annexation; but if a water distri bution system is not available in the area to be annexed, the plans must call for rea sonably effective fire protection services until such time as water lines are made available in the area under existing municipal policies for the extension of water lines; and
(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed within 12 months of the effective date of annexation, so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipal corporation for extending water and sewer lines to individual lots or subdivisions. (d) The report required in subsection (a) of this Code section shall be prepared and made available to the public at least 14 days prior to the public hearing required by Code Section 36-36-36. 86-36-26 36-36-36. (a) The municipal governing body shall hold a public hearing on any application which has been determined to meet the requirements of this article. The hearing shall be held not less than 15 nor more than 45 days from the time the govern ing body makes a determination that the petition is valid. Notice of the time and place
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of the hearing shall be given in writing to the persons presenting the application and shall be advertised once a week for two consecutive weeks immediately preceding the hearing in a newspaper of general circulation in the municipal corporation and in the area proposed for annexation.
(b) At the public hearing all persons resident or owning property in the municipal corporation or in the area proposed for annexation may be heard on the question of the annexation of the area by the municipal corporation.
(c) Any property owner or elector may withdraw his consent at any time through fee date ef- in writing postmarked or received within three business days after the public hearing required by this Code section.
36-36-27 36-36-37. (a) If, after the public hearing, the governing body determines that the annexation to the municipal corporation of the area proposed in the application would be in the best interest of the residents and property owners of the area proposed for annexation and of the citizens of the municipal corporation, the area may be annexed to the municipal corporation by the adoption of an annexing ordinance.
(b) The annexing ordinance authorized by subsection (a) of this Code section shall be adopted within 60 days following validation of the signature of the applicants.
36-36-28 36-36-38. (a) When an application pursuant to Code Section 36-86-22 36-36-32 is acted upon by the municipal authorities and the land, by ordinance, is annexed to the municipal corporation, a complete survey fey a competent surveyor, et necessarily a county surveyor, shall be fited as a part f the ordinance annexing the tef-
tion, snail we tiled witn tnc [secretary of otatc or tnis state an identification or tne annexed property shall be filed with the Secretary of State and with the county in which the property is located in accordance with Code Section 36-36-3.
(b) Municipal ad valorem taxes shall not apply to property within the annexed terri tory until January 1 of the following year.
(c) When so annexed, such lands shall constitute a part of the lands within the cor porate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by apccial local Act of the General Assembly.
86-86-20 36-36-39. (a) Within 30 days of the effective date of the ordinance annex ing land to the municipal corporation, any resident elector of the area so annexed or of the municipal corporation or any property owner of such area or of the municipal corpo ration may bring a petition for declaratory judgment, in the superior court of the county of the legal situs of the annexing municipal corporation, to determine the validity, in accordance with this article, of the application and the municipal corporation's action thereon. Whenever such a petition is filed, the municipal governing body shall file with the court the record of their official actions in regard to such application and a certified copy of the annexing ordinance.
(b) The judgment of the court on any such petition may declare the annexation ordi nance null and void upon a finding that the application and the municipal corporation's action thereon are not in substantial compliance with this article. Upon a finding that procedural defects or defects in the plan for service to the annexed area exist, the court, where possible, shall frame a judgment to perfect such defect and uphold the ordinance.
(c) Actions provided for in this Code section shall be in accordance with Chapter 4 of Title 9.
(d) Any aggrieved party may obtain a review of a final judgment under this Code section as is provided by law in other cases.
36-36-30 36-36-40. Nothing within this article shall prohibit the municipal corpora tion from requiring the residents of the newly annexed area to use utilities owned by the municipal corporation when they are available.
ARTICLE 3 ARTICLE 4
36-36-40 36-36-50. It is declared to be the intention of the General Assembly in enacting this article to provide a method for annexing to municipal corporations areas which meet the legislative standards established by Code Section 86-36-44 36-36-54. This article is not intended to affect or restrict the present authority of the General Assembly
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to legislate regarding the annexation of any area contiguous to any municipal corpora tion in this state, nor to limit in any way the authority of the General Assembly to pro vide alternative methods for extending municipal boundaries. This article shall not affect legislation pending on July 1, 1970.
36-36-41 36-36-51. It is declared to be the policy in this state: (1) That municipal corporations are created for the purpose of providing local gov
ernmental services and for ensuring the health, safety, and welfare of persons and the protection of property in areas being used primarily for residential, commercial, indus trial, and institutional purposes;
(2) That the orderly growth of municipal corporations, based on the need for municipal services and the ability of the municipal corporation to serve, is essential to the economic progress of the state and to the well-being of its urban citizens;
(3) That the extension of municipal boundaries to accomplish orderly growth should be in accordance with standards established by the General Assembly; and
(4) That any areas included within municipal boundaries under this article should receive all services provided by the annexing municipal corporation as soon as possible after coming within its boundaries. 36-36-42 36-36-52. As used in this article, the term:
(1) 'Contiguous area' means any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right of way, a creek or river, the right of way of a railroad or other public service corporation, lands owned by the municipal corporation or some other political subdivision, or lands owned by this state.
(2) 'Used for residential purposes' refers to any lot or tract five acres or less in size on which is constructed a habitable dwelling unit. 36 36 48 36-36-53. The governing body of any municipal corporation may extend the corporate limits of the municipal corporation to include any area which meets the stan dards of Code Section 36-36-46 36-36-56, under the conditions and procedure provided in this article and in accordance with the procedures provided in Article 1 of this chapter. 36 36 44 36-36-54. (a) A municipal governing body may extend the municipal cor
porate limits to include any area: (1) Which meets the general standards of subsection (b) of this Code section; and (2) Every part of which meets the requirements of either subsection (c) or subsec
tion (d) of this Code section.
(b) The total area to be annexed must meet the following standards on the date of the adoption of the resolution:
(1) It must be adjacent or contiguous to the municipal corporation's boundaries at the time the annexation proceeding is begun;
(2) At least one-eighth of the aggregate external boundaries of the area must coin
cide with the municipal boundary;
(3) No part of the area shall be included within the boundary of another municipal corporation or county; and
(4) No part of the area shall, at the time notice of public hearing is given in accordance with Code Section 36-36-47 36-36-57, be receiving either water service or sewer service, or both, and also either police protection or fire protection from any unit of government other than the municipal corporation proposing annexation. This requirement may be waived by written agreement of the municipal corporation pro posing annexation and of the other unit of government affected. Where a waiver of this requirement is applicable, a copy of the agreement shall be made a part of the report required by Code Section 36 86-46 36-36-56. Where contracts exist between counties and municipal corporations, both government entities must agree by mutual consent prior to annexation.
(c) Except as provided in subsection (d) of this Code section, the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which, on the date of the adoption of the annexation resolution, has a total resident population equal to at least two persons for each acre of land included within
3946
JOURNAL OF THE HOUSE,
its boundaries and is subdivided into lots and tracts such that at least 60 percent of the total acreage consists of lots and tracts five acres or less in size and such that at least 60 percent of the total number of lots and tracts are one acre or less in size.
(d) In addition to areas developed for urban purposes, a governing body may include in the area to be annexed any area which does not meet the requirements of subsection (c) of this Code section if such area lies between the municipal boundary and an area developed for urban purposes such that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipal corpora tion without extending services and water and sewer lines through the sparsely devel oped area and, if such area is adjacent, on at least 60 percent of its external boundary to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (c) of this Code section.
(e) In fixing new municipal boundaries, a municipal governing body shall, wherever practical, use natural topographic features, such as ridge lines, streams, and creeks, as boundaries. If a street is used as a boundary, the governing body shall, wherever practi
cal, include within the municipal corporation land on both sides of the street; such out side boundary may not extend more than 200 feet beyond the right of way of the street, except to include all of a lot or parcel of land partially within 200 feet of the right of way.
36-36 46 36-36-55. In determining population and degree of land subdivision for pur poses of meeting the requirements of Code Section 36-36-44 36-36-54, the municipal cor poration shall use methods calculated to provide reasonably accurate results. In
determining, on appeal to the superior court, whether the standards set forth in Code Section 86-86-44 36-36-54 have been met, the reviewing court shall accept the estimates of the municipal corporation:
(1) As to population, if the estimate is based on the number of dwelling units in the area multiplied by the average family size in the area or in the county or counties
of which the area is a part, as determined by the last preceding federal census or based on a new enumeration carried out under reasonable rules and regulations by the
annexing municipal corporation, provided that the court shall not accept such esti mates if the petitioner on appeal demonstrates that the estimates are in error in the
amount of 10 percent or more;
(2) As to total area, if the estimate is based on an actual survey, on county tax maps or records, on aerial photographs, or on some other reasonably reliable map used
for official purposes by a governmental agency, unless the petitioner on appeal demon strates that the estimates are in error in the amount of 5 percent or more; and
(3) As to degree of land subdivision, if the estimates are based on an actual survey, on county tax maps or records, on aerial photographs, or on some other reasonably
reliable source, unless the petitioner on appeal shows that the estimates are in error in the amount of 5 percent or more.
86-36 46 36-36-56. (a) A municipal corporation exercising authority under this arti cle shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section 36-86-47 36-36-57, shall
prepare a report setting forth its plans to provide services to such area. (b) The report required in subsection (a) of this Code section shall include:
(1) A map or maps of the municipal corporation and adjacent territory, showing the present and proposed boundaries of the municipal corporation, the present major
trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls as required in paragraph (3) of this Code section, and the gen
eral land use pattern in the area to be annexed; (2) A statement showing that the area to be annexed meets the requirements of
Code Section 36-86-44 36-36-54; and (3) A statement setting forth the plans of the municipal corporation for extending
to the area to be annexed each major municipal service performed within the munici
pality at the time of annexation.
(c) The plans required in subsection (a) of this Code section shall: (1) Provide for extending police protection, fire protection, garbage collection, and
street maintenance services to the area to be annexed, on the date of annexation, on
MONDAY, MARCH 30, 1992
3947
substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. If a water distribution system is not available in the area to be annexed, the plans must call for reasonable, effective fire protection services until such time as water lines are made available in such area under existing municipal policies for the extension of water lines;
(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions;
(3) If extension of major trunk water mains and sewer outfall lines into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains and outfalls as soon as possible following the effective date of annexation. In any event, the plans shall call for contracts to be let and construction to begin within 18 months following the effective date of annexation; and
(4) Set forth the methods under which the municipal corporation plans to finance extension of services into the area to be annexed. 36-36-47 36-36-57. (a) Any municipal governing body desiring to annex territory pursuant to this article shall first pass a resolution stating the intent of the municipal corporation to consider annexation. The resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexa tion. The date for the public hearing shall be not less than 30 days and not more than 60 days following passage of the resolution. The notice of the public hearing shall (1) fix the date, hour, and place of a public hearing, (2) describe clearly the boundaries of the area under consideration, and (3) state that the report required in Code Section 36-36-46 36-36-56 will be available at the office of the municipal clerk at least 14 days prior to the date of the public hearing. The notice shall be given by publication in a newspaper having general circulation in the municipality once a week for three succes sive weeks prior to the date of the hearing. The date of the last publication shall be not more than seven days preceding the date of public hearing. If there is no such newspa per, the municipal corporation shall post the notice in at least three public places within the municipality and in at least three public places in the area to be annexed for 30 days prior to the date of the public hearing. (b) At least 14 days before the date of the public hearing, the governing body shall approve the report provided for in Code Section 36-86-46 36-36-56 and shall make it available to the public at the office of the municipal clerk. In addition, the municipal corporation may prepare a summary of the full report for public distribution. (c) At the public hearing, a representative of the municipal corporation shall first make an explanation of the report required in Code Section 36-86-46 36-36-56. Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing and all residents of the municipality shall be given an opportunity to be heard. 36-36-48 36-36-58. The municipal corporation shall issue a call for a referendum to ratify or reject the adoption of the annexation resolution. The referendum shall be held not less than 30 days nor more than 60 days after the date of the public hearing required by Code Section 86-86-47 36-36-57. The referendum shall be held, insofar as possible, under the procedures set forth in Chapter 3 of Title 21 for special elections. Only those persons registered to vote for members of the General Assembly residing, on the date of the adoption of the resolution, in the proposed area to be annexed shall vote in the referendum. If a majority of those voting vote in favor of annexation, the area shall become a part of the corporate limits of the municipality, but not otherwise. If a majority of those voting vote against the annexation, a period of two years must elapse before annexation of the same area or any portion thereof may be attempted again under authority of this article. 36-36-49 36-36-59. Whenever the limits of a municipal corporation are enlarged in accordance with this article, it shall be the duty of the mayor of the municipal corpora tion to cause a accurate map ef- th annexed territory, together with a copy ef- the rcao-
duiy CCToiled, to oc recorded tR the oil ice OT the rc^istFsr or deeds of ine county
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JOURNAL OF THE HOUSE,
an identification of the annexed territory is to be filed with the Secretary of State and with the governing authority of the county in which the property is located in accord ance with Code Section 36-36-3.
36-36-60 36-36-60. Any municipal corporation initiating annexations under this arti cle is authorized to make expenditures for surveys required to describe the property under consideration or for any other purpose necessary to plan for the study and annex ation of unincorporated territory adjacent to the municipal corporation. In addition, fol lowing final passage of the annexation ordinance, the annexing municipal corporation shall have authority to proceed with expenditures for construction of water and sewer lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in an effective and expeditious manner prior to the effective date of annexation.
36-06-61 36-36-61. This article shall not apply to any territory which has been a part of a municipal corporation for three years immediately preceding July 1, 1970, and which has been or is in the process of being deannexed from the corporate limits of any such municipal corporation.
ARTICLE 4 ARTICLE 5
36-36-70. (a) The government of no municipality of this state may annex to the existing corporate limits of such municipality any unincorporated area in which water, sewerage, police protection, fire protection, and garbage or refuse collection is furnished or is to be furnished by the county in which such unincorporated area is situated, or where the county has included such unincorporated area in a comprehensive zoning plan of the county, without first obtaining the approval of the governing authority of the county in which such unincorporated area is situated. Such approval must be obtained by an official act of the governing authority of the county and must be duly recorded upon the minutes of such body. The owner of any real property situated in such county shall have the right to enjoin any municipality which has not obtained the required approval of the governing authority of the county from exercising any municipal powers, functions, or duties over the unincorporated area improperly sought to be annexed to the existing corporate limits by an action for injunction filed in the superior court of the county in which the territory proposed for annexation is situated.
(b) The provisions of this Code section shall apply only to those counties of this state having a population of not less than 480,000 and not more than 580,000 according to the United States decennial census of 1980 or any future such census.
ARTICLE 6
36-36-90. As used in this article, the term: (1) 'Contiguous area' means any unincorporated area which, on or after January 1^
1991, had an aggregate external boundary directly abutting a municipal boundary. Any area shall be considered 'contiguous' if the aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of:
(A) Any street or street right of way; (B) Any creek or river; or (C) Any right of way of a railroad or other public service corporation. (2) 'Municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1980 or any future such census. (3) 'Unincorporated island' means: (A) An unincorporated area in existence on January 1^ 1991, and consisting of 50 acres or less with its aggregate external boundaries abutting the annexing munici pality; (B) An unincorporated area in existence as of January 1^ 1991, and consisting of 50 acres or less with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or
MONDAY, MARCH 30, 1992
3949
(C) An unincorporated area in existence as of January 1^ 1991, and consisting of 50 acres or less which the county governing authority has by resolution adopted not later than 90 days following July 1^ 1992, that identifies any unincorporated area of the county to which the county has no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county. 36-36-91. For the purposes of determining the aggregate external boundary of an unincorporated area, all real property in the area to be annexed, which at the time the annexation procedures are initiated, (1) is unincorporated, and (2) is in the same county as the annexing municipal corporation, shall have its area included in determining the aggregate external boundary. 36-36-92. (a) The governing body of each municipal corporation of the state may annex to the existing corporate limits thereof unincorporated islands which are contigu ous to the existing limits at the time of such annexation upon compliance with the pro cedures set forth in this article and in accordance with the procedures provided in Article I of this chapter. (b) Annexation of unincorporated islands as authorized in subsection (a) of this Code section shall be accomplished by ordinance at a regular meeting of the municipal govern ing authority within 30 days after written notice of intent to annex such property is mailed to the owner of such property at the last known address for such owner as it appears on the ad valorem tax records of the county in which such property is located. After the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Secretary of State and with the governing authority of the county in which the property is located, in accordance with Code Section 36-36-3. (c) Annexation of an unincorporated island as authorized by subsection (a) of this Code section, which unincorporated island directly abuts more than one municipality, shall be by the municipality which abuts the unincorporated island along the greatest percentage of its external boundary as provided in this Code section, unless otherwise agreed to by the affected municipalities. (d) Annexations under this article shall be at the sole discretion of the governing body of each municipality. (e) Municipal services to the annexed area shall be provided on substantially the same basis and in the same manner as such services are provided within the rest of the municipal corporation; provided, however, the extension of water and sewer services shall be according to the policies in effect in such municipal corporation for extending water and sewer lines to individual lots and subdivisions. (f) The provisions of this article with regard to annexation of unincorporated islands is severable as to each city and to the annexation of each unincorporated island therein. The implementation of each annexation pursuant to this article is contingent upon preclearance of each annexation by the U. S. Justice Department pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973(c). Any City annexing an unincorpo rated island pursuant to this article shall submit such annexation to the U. & Justice Department for preclearance not later than sixty (60) days following the date of adop tion of the annexation ordinance by the municipal governing authority."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Lane of the 27th moved that the House adopt the report of the Com mittee of Conference on HB 113.
On the motion, the ayes were 86, nays 14.
The motion was lost.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
3950
JOURNAL OF THE HOUSE,
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 following Senate substitute was read:
A BILL
To amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to change the definition of the term "casket" and the term "funeral merchandise"; to change certain provisions relating to qualifications of embalmer or funeral director applicants; to modify the provisions for registration of apprenticeship; to modify the provisions for reregistration of apprenticeships; to provide that a funeral director who is in full and continuous charge of a funeral establishment shall be accessible and available to the community; to provide for the continuation of a funeral establishment license upon the death of the license holder; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, is amended by striking in their entirety paragraphs (4) and (14) of Code Section 43-18-1, relating to definitions, and inserting in lieu thereof new paragraphs (4) and (14) to read as follows:
"(4) 'Casket' means a rigid container which is designed for the encasement ef human remains and wnicn is usually constructed OT wood o? metal, ornamented and lined witn fabric and viewing of a dead human body."
"(14) 'Funeral merchandise' means the goods that may only be sold or offered for sale by a funeral director working in a funeral establishment and includes, including, but is not limited to, a casket or alternative container, but does not include an outer burial container or cemetery marker which is used in connection with the final diapoaition of a dead human body."
Section 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 43-18-41, relating to qualifications of embalmer or funeral director appli cants, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license; shall furnish an affidavit which lists the death ccrtifieate numbers and names of the 50 funerals at which the apprentice assisted as provided in Code Section 43-18-50; and, effective January 1, 1991, must pass a written examina tion approved by the board which tests knowledge of the law of this state relating to funeral directors."
Section 3. Said chapter is further amended by striking in its entirety Code Section 43-18-51, relating to registration of apprenticeship, and inserting in lieu thereof a new Code Section 43-18-51 to read as follows:
"43-18-51. A registration of apprenticeship shall be renewable biennially upon pay ment of the renewal fee as provided by the board. Failure to renew a registration shall be the same as a revocation and such apprentice may be reregistered as provided in Code Section 43-18-54. The hours served under after a registration which was has been revoked will not be carried forth into any subsequent apprenticeship period."
Section 4. Said chapter is further amended by striking subsection (c) of Code Section 43-18-54, relating to reregistration of apprenticeship, and inserting in lieu thereof a new subsection (c) to read as follows:
MONDAY, MARCH 30, 1992
3951
"(c) An apprentice who has failed to renew that person's registration or who has had that person's registration suspended or revoked may, within one year after such expira tion, suspension, or revocation, make application for registration but no more than two such applications may be approved by the board. The An applicant for reregistration whose previous apprenticeship was revoked for failure to renew may be granted full credit for the time previously served prior to expiration. An applicant for reregistration whose previous apprenticeship was suspended or revoked upon any of the grounds set forth in subsection (b) of this Code section, however, may be granted credit for no more than 75 percent of the time previously served prior to the disciplinary action. In all other cases regarding applicants for reregistration, the board may, when the circum stances warrant, allow an apprentice credit under a reregistration for time actually served under a previous registration; except, that if the previous registration bas been suspended ef revoked pen any ef th grounds set forth in subsection -fW f 'this Code sectioiij no more ttiftn TCT percent of tfte time previously served sti&n oe credit-eci on T>ne rcrcgistration."
Section 5. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 43-18-71, relating to the requirement that funeral estab lishments be licensed and that such establishments employ a licensed funeral director, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Spend a minimum of 40 hours per week in the employ and operation of the establishment er and be accessible and available to the community."
Section 6. Said chapter is further amended by adding following Code Section 43-18-78 a new Code Section 43-18-79 to read as follows:
"43-18-79. No funeral establishment license shall terminate upon the death of the holder thereof but shall pass to the legal representative of the deceased or, if there is no legal representative, to the widow of the deceased who may continue to operate the establishment for the unexpired time of the license."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Snow of the 1st, Lord of the 107th and McCoy of the 1st move to amend the Senate substitute to HB 576 by striking "to" on line 13 of page 1 and inserting in its place the following:
"to provide for an exception with respect to the licensing requirements regarding the operation of certain crematories; to provide for effective dates; to".
By inserting between lines 7 and 8 on page 4 the following:
"Section 5A. Said chapter is further amended by adding a new subsection at the end of Code Section 43-18-72, relating to crematories, to be designated subsection (g), to read as follows:
'(g) Notwithstanding any other provision of this chapter to the contrary, no person operating a crematory on January 1, 1992, shall be required, until July 1, 1994, to obtain a license from the board to operate such crematory.'"
By inserting between lines 16 and 17 of page 4 the following:
"Section 6A. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1992.
(b) This subsection and Section 5A of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval."
Representative Lord of the 107th moved that the House agree to the Senate substi tute, as amended by the House, to HB 576.
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JOURNAL OF THE HOUSE,
On the motion, the ayes were 110, nays 0. The motion prevailed.
The following Bills of the House and Senate were taken up for the purpose of consider ing the Senate amendments or substitutes thereto:
SB 545. By Senator Foster of the 50th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Anno tated, relating to legal defense of indigents, so as to create the office of the multicounty public defender; to define certain terms; to provide for the nature and powers of such office; to provide for the management of such office; to provide for the preparation of a budget and for payment of expenses of such office; to provide for the appointment of a multicounty public defender; to provide for staffing of such office.
Representative Lawson of the 9th moved that the House recede from its position in substituting SB 545, and that the Senate substitute be agreed to.
On the motion, the ayes were 100, nays 0.
The motion prevailed.
HB 1978.
By Representatives Buckner of the 72nd, Mobley of the 64th, Lee of the 72nd, Poston of the 2nd, Aiken of the 21st and others:
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 provide for defini tions; to require registration for operators of beauty pageants.
The following Senate substitute was read:
A BILL
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to provide for bonds; to provide for required disclosures; to provide for civil and criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding immediately following Article 29, a new article to be designated Article 30, to read as follows:
"ARTICLE 30
10-1-830. As used in this article, the term: (1) 'Beauty pageant' means any contest or competition in which entrants are
judged on the basis of physical beauty, skill, talent, poise, and personality and in which a winner or winners are selected as representing an ideal in one or more of these areas. 'Beauty pageant' shall not include any such contest or competition in which no application fee or entrance charge is made for contestants, to which no admission charge is made for attendance, and in connection with which no tickets or chances are sold.
(2) 'Entrant's fee' means any payment of money or other thing of value including, but not limited to, the selling of advertisements or tickets or the obtaining of spon sors, which activity is a precondition to participation in a beauty pageant.
MONDAY, MARCH 30, 1992
3953
(3) 'Operator' means any person, franchisee, firm or corporation, civil group, or ele mentary or secondary educational institution which promotes, organizes, or otherwise operates a beauty pageant, participation in which is limited to persons paying an entrant's fee. 10-1-831. Before accepting any entrant's fee, all operators shall provide to each entrant in writing the following:
(1) Name, address, and telephone number of the operator; (2) Name, address, and telephone number of the individual or officer of the orga nization having full responsibility for the conducting of the pageant; (3) Names of pageants customarily promoted by the operator; (4) Name and address of individual authorized to accept service of process; (5) Name, address, and telephone number of the financial institution in which the entrants' fees are held; and (6) Name, address, and telephone number of the surety company maintaining the bond required by Code Section 10-1-832. 10-1-832. Except for operators who are exempt from the requirements of this Code section, in accordance with Code Section 10-1-833, each operator shall maintain a bond in the amount of $10,000.00 with a surety company duly authorized to do business in this state or post a cash bond in such amount, payable to the Governor of this state. Such bond shall be for the use and benefit of any person who has paid any entrant's fee for a beauty pageant. Such bond shall be conditioned to pay all losses, damages, and expenses that may be sustained by such person by reason of any violation of this title. 10-1-833. No bond shall be required from nonprofit organizations, bona fide civic clubs in existence for at least one year, churches, religious organizations, and groups, fairs, or festivals affiliated with schools or political subdivisions, or from any other pageant which confers no benefit upon any participant other than a beauty title. 10-1-834. If a beauty pageant is canceled or fails to take place, all entrants' fees shall be promptly refunded by the operator. The surety shall be liable for any unrefunded entrants' fees in the case of a default by the operator. 10-1-835. Any violation of this article shall be considered a violation of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' and all public and private remedies available under such part shall be available regarding violations of this article. 10-1-836. Any person, firm, corporation, organization, partnership, entity, or operator violating any provision of this article shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Buckner of the 72nd moved that the House agree to the Senate substi tute to HB 1978.
On the motion, the ayes were 99, nays 0.
The motion prevailed.
HB 1366.
By Representative Royal of the 144th:
A bill to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to change the composition of the education districts.
The following Senate substitute was read:
A BILL
To amend an Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), so as to change the composition of the education districts; to provide for certain definitions and inclusions; to
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JOURNAL OF THE HOUSE,
provide for legislative intent; to implement the provisions of a certain consent decree; to provide for elections, procedures, and qualifications; to provide for vacancies; to provide for a chairman; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circum stances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of the members of the Board of Educa tion of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), is amended by striking Sections 1 through 7 and inserting in lieu thereof new Sections 1 through 6 to read as follows:
"Section 1. It is the intent of the General Assembly in enacting this Act to incorporate the provisions of the consent decree entered on May 10, 1984, in Cochran v. Autry, United States District Court for the Middle District of Georgia, Albany Division, Civil Action No. 79-59-ALB and to provide for the reapportionment of the Board of Educa tion of Mitchell County pursuant to the United States decennial census of 1990.
Section 2. (a) For the purpose of electing members of the Board of Education, the Mitchell County School District shall be divided into seven education districts as fol lows:
Education District: 1.
MITCHELL COUNTY VTD: 0020 COTTON AND HINSONTON (Part) Tract: 9802. Block(s): 231, 232, 233, 240, 241, 242, 243, 244, 245, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267 Tract: 9807. Block(s): 101, 102, 103, 104, 107, 108, 109, 110, 140, 141, 143, 187, 188, 189, 190 VTD: 0035 PEBBLE CITY VTD: 0045 RAIFORD VTD: 0050 SALE CITY
Education District: 2
MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334A, 334B, 335, 336, 337A, 337B, 338, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352 Tract: 9804. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 426, 427, 428, 429, 430, 431A, 431B, 432, 433A, 433B, 461, 481, 482, 483 VTD: 0015 CAMILLA SOUTH (Part) Tract: 9804. Block(s): 309A, 309B, 320A, 320B, 328, 329, 330, 331, 332, 333, 334, 335, 434, 435, 436, 437, 451, 453, 454, 455, 456, 457A, 457B, 458A, 458B, 458C, 459A, 462, 463A, 463B, 463C, 464A, 464B, 465, 466, 467, 468, 469A, 469B, 473, 474, 475
Education District: 3
MITCHELL COUNTY
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3955
VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH (Part)
Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 169, 170, 209, 210, 211, 212, 213, 214
Education District: 4
MITCHELL COUNTY VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167, 168, 171, 215, 216, 217, 218, 219 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 150, 151, 208, 209, 210, 229, 230, 233, 234, 235, 236, 238, 239, 240, 241, 243, 307A, 307B, 307C, 307D, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 321, 322, 323A, 323B, 323C, 324, 326, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 452, 470, 471, 472 Tract: 9806. Block(s): 301 VTD: 0020 COTTON AND HINSONTON (Part) Tract: 9807. Block(s): 105, 106, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 144, 145, 146, 147, 148, 149, 150A, 151, 152, 191, 192, 201, 202, 203, 204, 205, 206, 207, 208, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 268, 269, 271 VTD: 0040 PELHAM (Part) Tract: 9807. Block(s): 127, 128, 129, 150B, 153B, 179B, 180, 181B
Education District: 5
MITCHELL COUNTY VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 313, 314, 315, 316, 317B, 335B, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 355, 444B, 445, 449B, 451, 452, 453, 454, 455 Tract: 9807. Block(s): 209, 210, 211, 212B, 214B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251A, 251B, 251C, 252, 253, 264, 265, 266, 267, 270, 272A, 272B, 273, 274, 275, 276, 277
Education District: 6
MITCHELL COUNTY VTD: 0015 CAMILLA SOUTH (Part)
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Tract: 9804. Block(s): 146, 147, 148A, 148B, 148D, 149, 201, 202, 203, 204, 205, 206, 207, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 231, 232, 237, 242, 244, 245, 246A, 246B, 247A, 247B, 248, 249, 301, 302, 303, 304, 305A, 305B, 306, 325, 327
Tract: 9806. Block(s): 101, 102, 103, 104
Tract: 9807. Block(s): 119, 120
VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 105B, 106B, 201B, 202, 203, 204, 205, 206B, 207, 208, 209B, 210, 211B, 216B, 302 Tract: 9807. Block(s): 154B, 155
Education District: 7 At Large
All of Mitchell County
School District
(b) For purposes of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the
United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means
a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the
O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for
convenience only; and in the event the description of any education district contains
a conflict between the geographical boundaries of any VTD and the boundaries of the
following named precinct, the geographical boundary of the VTD as shown on the cen
sus maps for the United States decennial census of 1990 for the State of Georgia shall
control;
(4) Any part of Mitchell County which is not included in any education district
described in this section shall be included within that education district contiguous to
such part which contains the least population according to the United States decen
nial census of 1990 for the State of Georgia; and
(5) Any part of Mitchell County which is described in this section as being
included in a particular education district shall nevertheless not be included within
such education district if such part is not contiguous to such education district. Such
noncontiguous part shall instead be included within that education district contiguous
to such part which contains the least population according to the United States decen
nial census of 1990 for the State of Georgia.
(c) Education Districts 1, 2, 3, 4, 5, 6, and 7 At Large as they existed on January
1, 1992, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7 At
Large, respectively, but as newly described under this section on and after the date this
subsection becomes effective in 1992, and members of the board serving from those
former education districts shall be deemed to be serving from and representing their
respective districts as newly described under this section.
Section 3. (a) Each candidate for membership on the board other than the Education
District 7 At-Large member shall be a resident of the education district which such can
didate offers to represent and shall be elected by a majority vote of the qualified voters
of such district voting in an election therefor.
(b) The Education District 7 At-Large member shall be a resident of the Mitchell
County School District and shall be elected by a majority vote of the qualified voters
of the entire Mitchell County School District voting in an election therefor.
Section 4. (a) The members of the board of education in office on January 1, 1992,
representing former Education Districts 1, 3, and 5, pursuant to the consent decree
described in Section 1 of this Act, shall serve out the remainder of the terms to which
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3957
they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board of education shall be elected from Education Districts 1, 3, and 5 as provided in this Act.
(b) The Education District 7 At-Large member of the board of education in office on January 1, 1992, representing the entire county school district, pursuant to the con sent decree described in Section 1 of this Act, shall serve out the remainder of the term to which such member was elected, such term expiring on December 31, 1992. Such member shall be designated as representing Education District 7 At Large, comprised of the entire county school district. At the general election in 1992 and every four years thereafter, a member shall be elected at large from Education District 7 At Large as pro vided in this Act.
(c) The members of the board of education in office on January 1, 1992, representing former Education Districts 2, 4, and 6, pursuant to the consent decree described in Sec tion 1 of this Act, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board of education shall be elected from Educa tion Districts 2, 4, and 6 as provided in this Act.
(d) Each member of the board of education elected pursuant to this Act shall serve for a term of office of four years and until such member's successor is elected and quali fied and shall take office on January 1 immediately following such member's election.
(e) All elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
Section 5. (a) Except as otherwise provided in subsection (b) of this section, any vacancy on the board of education shall be filled by appointment by the remaining members of the board. Any member so appointed shall be a resident of the education district such person is appointed to represent.
(b) Any vacancy on the board with respect to the member representing Education District 7 At Large shall be filled by appointment by the remaining members of the board. Any member so appointed shall be a resident of the Mitchell County School Dis trict.
(c) All appointments to fill vacancies under this section shall be for the remainder of the unexpired term of office.
Section 6. At the first meeting of the board conducted in each odd-numbered year, the members of the board shall elect one of the members thereof to serve as chairman for the ensuing two years."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Mitchell County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Royal of the 144th moved that the House agree to the Senate substi tute to HB 1366.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 1691.
By Representative Meadows of the 91st:
A bill to amend Code Section 16-12-4 of the Official Code of Georgia Anno tated, relating to cruelty to animals, so as to provide that failure to provide adequate food and water for cattle is cruelty to animals in the first degree.
The following Senate amendment was read:
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Amend HB 1691 by striking the word "shall" on line 21, page 1, after the word convic tion, and inserting instead the word "may."
Representative Meadows of the 91st moved that the House agree to the Senate amendment to HB 1691.
On the motion, the ayes were 96, nays 5.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th:
A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative find ings and purpose; to define certain terms.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 543
The Committee of Conference on SB 543 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 543 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
M Hugh M. Gillis Senator, 20th District
/a/ Fisher Barfoot Representative, 120th District
M Earl Echols, Jr. Senator, 6th District
M Robert L. Patten Representative, 149th District
/s/ Rooney L. Bowen Senator, 13th District
/s/ Bobby Long Representative, 142nd District
A BILL
To amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Anno tated, relating to forest resources, so as to authorize prescribed burning as a resource pro tection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to pro vide for legislative findings and purpose; to define certain terms; to provide certain requirements in connection with prescribed burning; to limit liability in connection with prescribed burning except in cases of negligence in starting, controlling, or completing the burn; to prescribe certain duties for the State Forestry Commission; 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 12 of the Official Code of Georgia Anno tated, relating to forest resources, is amended by adding following Part 5 a new Part 6 to read as follows:
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3959
"Part 6
12-6-145. This part shall be known and may be cited as the 'Georgia Prescribed Burning Act.'
12-6-146. (a) It is declared by the General Assembly that prescribed burning is a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state. The General Assembly finds that:
(1) Prescribed burning reduces naturally occurring vegetative fuels within forested areas. Reduction of such fuels by burning reduces the risk and severity of major wildfire, thereby lessening the threat of fire and the resulting loss of life and property;
(2) Georgia's ever-increasing population situates urban development directly adja cent to fire prone forest lands. The use of prescribed fire to manage fuels in interface areas would substantially reduce the threat of wildfire in urban communities;
(3) Forest land constitutes significant economic, biological, and aesthetic resources of state-wide importance. Prescribed burning on forest land serves to reduce hazard ous accumulations of fuels, prepare sites for both natural and artificial forest regenera tion, improve wildlife habitat, control insects and disease, and perpetuate fire dependent ecosystems;
(4) State and federally owned public use lands such as state parks, state and national forests, and wildlife refuges receive resource enhancement through use of pre scribed burning;
(5) As Georgia's population continues to grow, pressures from liability issues and smoke nuisance complaints cause prescribed burn practitioners to limit prescribed burn activity, thus reducing the above-mentioned benefits to the state;
(6) Public misunderstanding of the benefit of prescribed burning to the ecological and economic welfare of the state exerts unusual pressures that prevent uninhibited use of this valuable forest resource management tool; and
(7) Fire benefits deer, turkey, quail, and dove by the increased growth and yields of herbs and legumes. It also allows openings for feeding and travel, (b) It is the purpose of this part to authorize and promote the continued use of pre scribed burning for community protection, silvicultural, environmental, and wildlife management purposes. 12-6-147. As used in this part, the term:
(1) 'Commission' means the State Forestry Commission. (2) 'Prescribed burning' means the controlled application of fire to existing vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplishes one or more planned land management objectives. 12-6-148. (a) Prescribed burning conducted under the requirements of this part shall: (1) Be accomplished only when an individual with previous prescribed burning experience or training is in charge of the burn and is present on site until the fire is adequately confined to reasonably prevent escape of the fire from the area intended to be burned; (2) Be considered in the public interest and shall not create a public or private nuisance; (3) Be considered a property right of the landowner; and (4) Be conducted in accordance with a permit issued under Part 3 of this article. (b) No property owner or owner's agent conducting an authorized prescribed burn under this part shall be liable for damages or injury caused by fire or resulting smoke unless it is proven that there was negligence in starting, controlling, or completing the burn. 12-6-149. (a) The commission may promulgate a certified prescribed fire manager program whereby practitioners may become qualified and registered under this part. (b) The commission shall utilize the same or similar record-keeping requirements of Part 3 of this article, the 'Georgia Forest Fire Protection Act,' to reflect the use of pre scribed burning under this part.
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(c) The commission may institute a public information campaign in an effort to reveal the benefits of prescribed burning to the general public."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Barfoot of the 120th moved that the House adopt the report of the Committee of Conference on SB 543.
On the motion, the ayes were 106, nays 1. The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate insists on its amendments to the following Bill of the House:
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.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1640.
By Representatives Bordeaux of the 122nd, Lucas of the 102nd, Stanley of the 33rd, Connell of the 87th and Oliver of the 53rd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to prohibit unlicensed personal care home operators from making certain representations regarding services.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1502.
By Representative Watson of the 114th:
A bill to amend Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities and multilevel distribution companies, so as to change the definition of certain terms.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1979.
By Representatives Connell of the 87th, Padgett of the 86th, Williams of the 90th, Cheeks of the 89th, Brown of the 88th and others:
A bill to amend Code Section 45-7-9 of the Official Code of Georgia Anno tated, relating to compensation for line-of-duty injuries of full-time state employees, so as to authorize a state agency to grant additional benefits to certain state employees injured in the line of duty by the willful act of vio lence of a client receiving outpatient mental health treatment.
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3961
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 968. By Representative Martin of the 26th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Anno tated, relating to living wills, so as to authorize the withholding of lifesustaining procedures with respect to a patient in a coma or persistent vegetative state.
The following Senate substitute was read:
A BILL
To amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to authorize the withholding of life-sustaining procedures with respect to a patient in a coma or persistent vegetative state; to provide for legislative findings; to provide for and revise definitions; to revise and change the form of a living will; to change the provisions relating to the execution of a living will by a patient in a hospital or skilled nursing home and the requirements related thereto; to revise and change conditions precedent to withholding or withdrawal of life-sustaining procedures; to change certain provisions regarding the preparation or providing of forms for living wills; to provide for the effect of said chapter on other legal rights and duties; 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 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking Code Section 31-32-1, relating to legislative findings, and inserting in its place a new Code Section 31-32-1 to read as follows:
"31-32-1. (a) The General Assembly finds that modern medical technology has made possible the artificial prolongation of human life.
(b) The General Assembly further finds that, in the interest of protecting individual autonomy, such prolongation of life for persons with a terminal conditionz a coma, or a persistent vegetative state may cause loss of patient dignity and unnecessary pain and suffering, while providing nothing medically necessary or beneficial to the patient.
(c) The General Assembly further finds that there exists considerable uncertainty in the medical and legal professions as to the legality of terminating the use of lifesustaining procedures in certain situations.
(d) In recognition of the dignity and privacy which patients have a right to expect, the General Assembly declares that the laws of the State of Georgia shall recognize the right of a competent adult person to make a written directive, known as a living will, instructing his physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition; a coma, or a persistent vegetative state."
Section 2. Said chapter is further amended by striking Code Section 31-32-2, relating to definitions regarding living wills, and inserting in its place a new Code Section 31-32-2 to read as follows:
"31-32-2. As used in this chapter, the term: (1) 'Attending physician' means the physician who has been selected by or
assigned to the patient and who has assumed primary responsibility for the treatment and care of the patient; provided, however, that if the physician selected by or assigned to the patient to provide such treatment and care directs another physician to assume primary responsibility for such care and treatment, the physician who has been so directed shall, upon his or her assumption of such responsibility, be the 'attending physician.'
(2) 'Coma' means a profound state of unconsciousness caused by disease, injury, poison, or other means and for which it has been determined that there exists no rea sonable expectation of regaining consciousness. The procedure for establishing a coma
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is as follows: two physicians, one of whom must be the attending physician, who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination, that:
(A) The declarant has been in a profound state of unconsciousness for a period of time sufficient for the declarant's physicians to conclude that the unconscious state will continue; and
(B) There exists no reasonable expectation that the declarant will regain con sciousness. {2} (3) 'Competent adult' means a person of sound mind who is 18 years of age or older. {3) (4) 'Declarant' means a person who has executed a living will authorized by this chapter. {4} (5) 'Hospital' means a facility which has a valid permit or provisional permit issued under Chapter 7 of this title and which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons. $} (6) 'Life-sustaining procedures' means any medical procedures or interventions, which, when applied to a patient in a terminal condition or in a coma or persistent vegetative state with no reasonable expectation of regaining consciousness or signifi cant cognitive function, would serve only to prolong the dying process and where, in the judgment of the attending physician and a second physician, death will occur whether or net without such procedures or interventions are utilized. The term 'lifesustaining procedures' shaH net may include the following: 2 at the option of the declarant, the provision of nourishment and hydration, but shall not include the administration of medication to alleviate pain or the performance of any medical pro cedure deemed necessary to alleviate pain.
{A)--Nourishment; e* {B)--The administration ef medication te alleviate pain er the performance ef any medical procedure deemed necessary te alleviate pain. {} (7) 'Living will' means a written document voluntarily executed by the declar ant in accordance with the requirements of Code Section 31-32-3 or 31-32-4. ?} (8) 'Patient' means a person receiving care or treatment from a physician. (9) 'Persistent vegetative state' means a state of severe mental impairment in which only involuntary bodily functions are present and for which there exists no rea sonable expectation of regaining significant cognitive function. The procedure for establishing a persistent vegetative state is as follows: two physicians, one of whom must be the attending physician, who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination, that: (A) The declarant's cognitive function has been substantially impaired; and
(B) There exists no reasonable expectation that the declarant will regain signifi cant cognitive function.
{} (10) 'Physician' means a person lawfully licensed in this state to practice medi cine and surgery pursuant to Article 2 of Chapter 34 of Title 43.
(11) 'Reasonable expectation' means the result of prudent Judgment made on the basis of the medical judgment of a physician.
{9} (12) 'Skilled nursing facility' means a facility having a valid permit or provi sional permit issued under Chapter 7 of this title and which provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.
{10) (13) 'Terminal condition' means incurable condition caused by disease, illness, or injury which, regardless of the application of life-sustaining procedures, would produce death. The procedure for establishing a terminal condition is as follows: two physiciansj one of whom must be the attending physician, who, after personally exam ining the declarant, shall certify in writing, based upon conditions found during the course of their examination^ that:
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3963
(A) There is no reasonable expectation for improvement in the condition of the declarant; and
(B) Death of the declarant from these conditions is imminent will occur as a result of such disease, illness, or injury."
Section 3. Said chapter is further amended by striking subsection (b) of Code Sec tion 31-32-3, relating to the execution and form of a living will, and inserting in its place a new subsection (b) to read as follows:
"(b) The declaration shall be a document, separate and self-contained. A declaration 6xccutcd on of flitcr JViflPCfi co^ il/ob, stisti o& tft 9uD9tfliitifliiy ttie lomv spcciiicci IR t-iiis aubacction. A declaration executed en er aftef March 38; 1086, in substantially th fews apccificd by prior law shall be valid at4 effective, except that the paragraph limiting the operation ef the living w4tt to a seven year peried shall be ineffective. T-he ferm- for the declaration shall be substantially as follows: Any declaration which constitutes an expression of the declarant's intent shall be honored, regardless of the form used or when executed. Declarations executed on or after March 18, 1986, shall be valid indefi nitely unless revoked. A declaration similar to the following form or in substantially the form specified under prior law shall be presumed on its face to be valid and effective:
'LIVING WILL
Living will made this ________ day of ___________ (month, year). I, ___________________, being of sound mind, willfully and voluntarily make known my desire that my life shall not be prolonged under the circumstances set forth below and do declare:
1. If at any time I should (check each option desired): (_) have a terminal condition ( ) become in a coma with no reasonable expectation of regaining conscious
ness, or ( ) become in a persistent vegetative state with no reasonable expectation of
regaining significant cognitive function, as defined in and established in accordance with the procedures set forth in para graph paragraphs (2), (9), and (10) of Code Section 31-32-2 of the Official Code of Georgia Annotated, I direct that the application of life-sustaining procedures to my body (check the option desired):
( ) including nourishment and hydration, ( ) including hydration but not nourishment, or ( ) excluding nourishment and hydration, be withheld or withdrawn and that I be permitted to die; 2. In the absence of my ability to give directions regarding the use of such lifesustaining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal; 3. I understand that I may revoke this living will at any time; 4. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and 5. If I am a female and I have been diagnosed as pregnant, this living will shall have no force and effect during the course ef my pregnancy unless the fetus is not viable and I indicate by initialing after this sentence that I want this living will to be carried out.____________(Initial)
Signed ___________________
___________________(City), ___________________(County), and ___________________(State of Residence). I hereby witness this living will and attest that:
(1) The declarant is personally known to me and I believe the declarant to be at least 18 years of age and of sound mind;
(2) I am at least 18 years of age; (3) To the best of my knowledge, at the time of the execution of this living will, I:
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(A) Am not related to the declarant by blood or marriage; (B) Would not be entitled to any portion of the declarant's estate by any will or by operation of law under the rules of descent and distribution of this state; (C) Am not the attending physician of declarant or an employee of the attend ing physician or an employee of the hospital or skilled nursing facility in which declarant is a patient; (D) Am not directly financially responsible for the declarant's medical care; and (E) Have no present claim against any portion of the estate of the declarant; (4) Declarant has signed this document in my presence as above-instructed, on the date above first shown.
Witness _________________ Address ___________________
Witness ___________________ Address ___________________ Additional witness required when living will is signed in a hospital or skilled nursing facility. I hereby witness this living will and attest that I believe the declarant to be of sound mind and to have made this living will willingly and voluntarily.
Witness: __________________ Medical director of skilled nursing facility or staff physi cian not participating in care of the patient or chief of the hospital medical staff or staff physician or hospital designee not participating in care of the patient.'"
Section 4. Said chapter is further amended by striking Code Section 31-32-4, relat ing to patients in hospitals or skilled nursing facilities and execution of living wills, and inserting in lieu thereof a new Code Section 31-32-4 to read as follows:
"31-32-4. A living will shall have no force or effect if the declarant is a patient in a hospital or skilled nursing facility at the time the living will is executed unless the living will is signed in the presence of the two witnesses as provided in Code Section 31-32-3 and, additionally, is signed in the presence of either the chief of the hospital medical staff2 er any physician on the medical staff who is not participating in the care of the patient, or a person on the hospital staff who is not participating in the care of the patient designated by the chief of staff and the hospital administrator, if witnessed in a hospital, or the medical director or any physician on the medical staff who is not participating in the care of the patient, if witnessed in a skilled nursing facility."
Section 5. Said chapter is further amended by striking subsection (a) of Code Sec tion 31-32-8, relating to conditions precedent to withholding or withdrawal of lifesustaining procedures, and inserting in its place a new subsection (a) to read as follows:
"(a) Prior to effecting a withholding or withdrawal of life-sustaining procedures from a patient pursuant to a living will, the attending physician:
(1) Shall determine that, to the best of his knowledge, the declarant patient is not pregnantj or if she isj that the fetus is not viable and that the declarant's living will specifically indicates that the living will is to be carried out;
(2) Shall, without delay after the diagnosis of a terminal condition of the declar ant, take the necessary steps to provide for the written certification required by said physician Code Section 31-32-2 of the declarant's terminal condition coma, or persist ent vegetative state;
(3) Shall make a reasonable effort to determine that the living will complies with subsection (b) of Code Section 31-32-3; and
MONDAY, MARCH 30, 1992
3965
(4) Shall make the living will and the written certification of the terminal conditionj coma, or persistent vegetative state a part of the declarant patient's medical records."
Section 6. Said chapter is further amended by striking subsection (d) of Code Sec tion 31-32-9, relating to applicability of living wills with respect to suicide, insurance, and certain health care facilities, and inserting in its place a new subsection (d) to read as fol lows:
"(d) No hospital, skilled nursing facility, or other medical or health care facility shall prepare? or offer to prepare? er otherwise provide forma for living wills unless specifically requested to do so by a person desiring to execute a living will. For purposes of this Article, a person in the custody of the Department of Corrections shall not be deemed to be a patient within the meaning of this Article, nor shall a correctional facility be deemed to be a hospital, skilled nursing facility, nor any other medical or health care facility."
Section 7. Said chapter is further amended by striking subsection (c) of Code Section 31-32-11, relating to the effect of said chapter on other legal rights and duties, and insert ing in its place new subsections (c) and (d) to read as follows:
"(c) This chapter shall create no presumption concerning the intention of an individ ual who has not executed a declaration to consent to the use or withholding of lifesustaining procedures in the event of a terminal condition^ a coma, or a persistent vegetative state.
(d) Unless otherwise specifically provided in a durable power of attorney for health care, a declaration under this chapter is ineffective and inoperative as long as there is an agent available to serve pursuant to a durable power of attorney executed in accord ance with the provisions of Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act,' which grants the agent authority with respect to the withdrawal or withholding of life-sustaining or death-delaying treatment under the same circumstances as those covered by a declaration under this chapter."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Thomas of the 69th, Dixon of the 128th and Moultrie of the 93rd move to amend the Senate Committee substitute to HB 968 by striking lines 2 and 3 of page 6 and inserting the following:
"conditions is imminent.'"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins N Baker Y Balkcom N Barfoot Y Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty
Y Benefield Y Birdsong N Blitch N Bordeaux N Bostick Y Branch Y Breedlove
Brooks N Brown N Brush N Buck Y Buckner YByrd N Campbell
N Canty Y Carrell N Carter Y Cauthorn Y Chafin N Chambless Y Cheeks N Childers Y Clark.E
Clark.L N Coker
Coleman Y Colwell
Connell
N Culbreth Y Cummings.B E Cummings,M N Davis.D N Davis.G Y Davis.M N Dixon.H Y Dixon.S
Dobbs N Dover N Dunn
Edwards Y Elliott N Felton
N Fennel Y Floyd.J.M Y Floyd.J.W
Flynt
N Godbee N Golden Y Goodwin E Green N Greene Y Griffin Y Groover E Hamilton Y Hammond
Hanner
3966
JOURNAL OF THE HOUSE,
Y Harris.B N Harris.J Y Heard N Henson N Herbert N Holland N Holmes Y Howard N Hudson N Irwin Y Jackson
Jamieson Y Jenkins N Jones Y Kilgore N King Y Kingston
Y Klein YLadd N Lane.D Y Lane.R
Langford
Y Lawrence N Lawson YLee N Long YLord Y Lucas
YMann
N Martin
N McBee
Y McCoy McKelvey McKinney.B
N McKinney.C
Y Meadows Y Merritt
Milam N Mills Y Mobley N Moody N Morsberger Y Moultrie Y Mueller
Y Oliver.C N Oliver.M
NOrr
N Orrock
Y Padgett N Parham N Parrish Y Patten Y Pelote
Y Perry Pettit
Y Pinholster Y Pinkston
Poag Porter N Poston N Powell.A Y Powell.C Y Presley N Purcell N Randall Ray
Y Reaves Redding
Y Ricketson N Royal N Selman N Sherrill Y Simpson N Sinkfield N Skipper Y Smith.L Y Smith,P
Smith.T N Smith,W
N Smyre YSnow N Stancil.F Y Stancil.S N Stanley
Streat N Taylor
N Teper Y Thomas.C
N Thomas.M N Thomas.N
Thurmond N Titus N Tolbert N Townsend N Turnquest Y Twiggs
N Valenti Y Vaughan
Walker.J Walker.L N Wall Watson Y Watts N White Y Wilder Y Williams.B Williams ,J
Y Williams.R
N Yeargin Murphy.Spkr
On the adoption of the amendment, the ayes were 76, nays 75. The amendment was adopted.
On the motion that the House reconsider the adoption of the amendment, the roll call was ordered and the vote was as follows:
Abernathy
Y Adams Y Aiken Y Alford N Ashe Y Atkins Y Baker Y Balkcom N Barfoot N Bargeron
Y Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield Y Birdsong N Blitch N Bordeaux N Bostick
Y Branch
N Breedlove Brooks Brown
Y Brush NBuck Y Buckner
YByrd
N Campbell
Y Canty
Y Carrell
N Carter Y Cauthorn Y Chafin N Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker N Coleman Y Colwell
Connell N Culbreth
Y Cummings.B
E Cummings.M N Davis.D N Davis.G Y Davis.M N Dixon.H Y Dixon.S
Dobbs N Dover N Dunn
Edwards Y Elliott N Felton Y Fennel Y FloydJ.M Y Floyd,J.W
N Flynt N Godbee N Golden Y Goodwin E Green N Greene Y Griffin Y Groover
E Hamilton
Y Hammond Manner
Y Harris,B
N Harris,J
Y Heard
N Henson N Herbert Y Holland N Holmes Y Howard
N Hudson N Irwin
Jackson N Jamieson Y Jenkins Y Jones Y Kilgore NKing Y Kingston Y Klein YLadd N Lane.D Y Lane.R Y Langford Y Lawrence N Lawson YLee N Long NLord Y Lucas
YMann
N Martin N McBee
Y McCoy Y McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam
N Mills Y Mobley N Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr
N Orrock
Y Padgett Y Parham
N Parrish
N Patten Y Pelote
Y Perry Pettit
Y Pinholster Y Pinkston YPoag N Porter N Poston Y Powell.A Y Powell.C Y Presley N Purcell N Randall
Ray Y Reaves
Redding Y Ricketson N Royal
N Selman N Sherrill
Y Simpson N Sinkfield
N Skipper Y Smith.L Y Smith.P
Smith.T N Smith.W N Smyre Y Snow N Stancil.F Y Stancil.S N Stanley
Streat N Taylor N Teper Y Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus N Tolbert N Townsend
N Turnquest Y Twiggs N Valenti
Y Vaughan
Walker.J
Y Walker.L N Wall
Y Watson
Y Watts N White N Wilder Y Williams.B
Williams.J Y Williams.R N Yeargin
Murphy.Spkr
On the motion, the ayes were 86, nays 74. The motion prevailed.
On the re-adoption of the amendment, the roll call was ordered and the vote was as follows:
MONDAY, MARCH 30, 1992
3967
Abernathy N Adams Y Aiken Y Alford N Ashe Y Atkins N Baker
Y Balkcom N Barfoot N Bargeron
Y Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield Y Birdsong N Blitch N Bordeaux N Bostick Y Branch N Breedlove
Brooks N Brown Y Brush N Buck Y Buckner
N Byrd N Campbell
N Canty Y Carrell N Carter Y Cauthorn Y Chafin N Chambless Y Cheeks Y Childers
Y Clark.E N Clark.L N Coker N Coleman Y Colwell Y Connell N Culbreth Y Cummings,B E Cummings.M N Davis.D N Davis.G Y Davis.M N Dixon.H Y Dixon.S
Dobbs N Dover
N Dunn Edwards
N Elliott N Felton N Fennel Y Floyd.J.M Y Floyd,J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner N Harris.B N Harris,J
Y Heard N Henson N Herbert N Holland N Holmes Y Howard N Hudson N Irwin
Jackson N Jamieson Y Jenkins N Jones Y Kilgore N King
Y Kingston Y Klein YLadd N Lane.D Y Lane.R Y Langford Y Lawrence N Lawson YLee N Long NLord N Lucas Y Mann N Martin N McBee N McCoy
McKelvey McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam
N Mills Y Mobley N Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr
N Orrock Y Padgett Y Parham N Parrish N Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag N Porter N Poston
N Powell.A Y Powell.C Y Presley
N Purcell N Randall
Ray N Reaves
Redding Y Ricketson N Royal N Selman N Sherrill Y Simpson N Sinkfield
On the re-adoption of the amendment, the ayes were 71, nays 91. The amendment was lost.
N Skipper Y Smith.L Y Smith.P
Smith.T N Smith.W N Smyre N Snow N Stancil.F Y Stancil,S N Stanley Y Streat N Taylor N Teper Y Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus Y Tolbert N Townsend N Turnquest N Twiggs N Valenti Y Vaughan
Walker,J Y Walker.L N Wall Y Watson Y Watts N White N Wilder Y Williams.B
Williams.J Y Williams.R N Yeargin
Murphy.Spkr
Representative Martin of the 26th moved that the House agree to the Senate substi tute to HB 968.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy
Y Adams Y Aiken N Alford Y Ashe N Atkins Y Baker N Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick N Branch Y Breedlove
Brooks N Brown N Brush
YBuck N Buckner
NByrd Y Campbell
Y Canty
N Carrell
Y Carter N Cauthorn N Chafin Y Chambless N Cheeks N Childers N Clark.E
Clark.L
Y Coker Y Coleman Y Colweil N Connell Y Culbreth N Cummings,B E Cummings.M Y Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S
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 N Goodwin
E Green Y Greene N Griffin Y Groover E Hamilton N Hammond
Hanner N Harris.B Y Harris,J N Heard Y Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson N Jenkins
Y Jones N Kilgore YKing N Kingston
N Klein NLadd Y Lane.D N Lane.R
N Langford N Lawrence Y Lawson YLee
YLong Lord
Y Lucas
N Mann Y Martin
Y McBee Y McCoy
McKelvey Y McKinney.B Y McKinney.C
N Meadows Y Merritt N Milam Y Mills N Mobley Y Moody Y Morsberger N Moultrie Y Mueller N Oliver.C
Y Oliver.M
YOrr Y Orrock N Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit N Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A N Powell.C N Presley Y Purcell Y Randall
Ray Y Reaves
Redding N Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper
3968
JOURNAL OF THE HOUSE,
Y Smith.L N Smith.P
Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
N Stancil.S Y Stanley 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 Y Twiggs
On the motion, the ayes were 112, nays 50. The motion prevailed.
Y Valenti Y Vaughan
Walker,J Y Walker.L Y Wall N Watson N Watts
Y White Y Wilder N Williams.B
Williams.J N Williams.R Y Yeargin
Murphy.Spkr
Representative Mueller of the 126th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.
Representative Chafin of the 72nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 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 Senate substitute was read:
A BILL
To amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs and fees in the probate courts, so as to make a reference correction; to provide that if there is a conflict regarding costs or fees, the higher cost or fee may be charged; to provide for additional costs; 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 resi dence 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 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 and fees in the probate courts, is amended by striking paragraph (20) of subsec tion (a) of said Code section in its entirety and inserting in lieu thereof the following:
"(20) Letters of guardianship for mentally ill, mentally retarded, or mentally incompetent:
For whole service, including hearing ($46.00) ($56.00) and appoint ment of guardianship ($30.00) ($38.00)..............................................
94.00"
Section 2. Said chapter is further amended by adding to subsection (c) of Code Section 15-9-60, relating to cost in probate courts, a new paragraph (26.1) to read as fol lows:
"(26.1) For every pistol license application regarding which any hospital, treatment center, or the Department of Human Resources makes
MONDAY, MARCH 30, 1992
3969
a confidential report to the court concerning involuntary treat ment (which fee shall be remitted to such hospital, treatment center, or the department).....................................................................
3.00"
Section 3. Said Code section is further amended by designating current subsection (f) as (g) and inserting a new subsection (f) to read as follows:
"(f) Unless otherwise provided by law, in cases of a conflict regarding the amount of costs or fees, the judges of the probate court may charge or require the higher cost or fee."
Section 4. 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 employed hearing officer, plus any other authorized expenses in connection with the hearing."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Irwin of the 57th and Oliver of the 53rd move to amend the Senate Committee substitute to HB 213 by inserting on line 6 of page 1 between the words and symbol "costs;" and "to" the following:
"to amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses in hearings for guardians of incapacitated adults, so as to provide that physicians or licensed psychologists performing certain evaluations or examinations shall receive compensation not to exceed $75.00;".
By inserting betv/een lines 21 and 22 of page 2 the following:
"Section 4. Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses in hearings for guardians of incapacitated adults, is amended by striking subsection (c) of said Code section and inserting in lieu thereof the following:
'(c) For the evaluation or examination required by subsection (c) of Code Section 29-5-6 and subsection (d) of Code Section 29-5-8 or authorized by subdivision division (g)(2)(B)(iv) of Code Section 29-5-8, the physician or licensed psychologist shall receive an amount not to exceed $60.00 $75.00.'"
By renumbering Sections 4 and 5 as Sections 5 and 6.
Representative Irwin of the 57th moved that the House agree to the Senate substitute, as amended by the House, to HB 213.
On the motion, the ayes were 90, nays 3. The Chair votes "aye". The ayes were 91, nays 3. The motion prevailed.
3970
JOURNAL OF THE HOUSE,
HB 1225.
By Representatives Reaves of the 147th, Godbee of the 110th, Branch of the 137th, Moody of the 153rd and Greene of the 130th:
A bill to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to fees for licenses.
The following Senate amendment was read:
Amend HB 1225 by striking line 7 of page 1 and inserting the following:
"receipts may take adequate measures to".
By striking lines 16 through 26 of page 2 and inserting the following:
"10-4-33. This article shall not relieve any person, including, but not limited to, any bank, savings and loan, or other financial lending institution, that requires, solicits, or otherwise accepts warehouse receipts issued in accordance with this article as collateral or security for a debt, account, promissory note, or any type of loan from any duty oth erwise imposed to take necessary and reasonably adequate measures to ensure that the goods represented by the warehouse receipts are present and accounted for and are in suitable condition."
The following amendment was read and adopted:
Representative Reaves of the 147th moves to amend the Senate amendment to HB 1225 by inserting between lines 5 and 6 of page 1 of the amendment the following:
"By inserting on line 8 of page 1 between the word and symbol 'present;' and 'to' the following:
'to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to agriculture in general, so as to provide that any individual conducting business as a grain dealer, commercial feed dealer, and grain warehouseman shall pay an annual license fee in an amount not to exceed $1,500.00;'".
By inserting on line 19 of page 1 of the Senate amendment the following:
"By inserting between lines 26 and 27 of page 2 the following:
'Section 2.5. Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relat ing to agriculture in general, is amended by adding at the end thereof a new Code Section 2-1-5 to read as follows:
"2-1-5. An individual conducting business as a grain dealer, commercial feed dealer, and grain warehouseman shall pay an annual license fee in an amount not to exceed $1,500.00.'""
Representative Reaves of the 147th moved that the House agree to the Senate amend ment, as amended by the House, to HB 1225.
On the motion, the ayes were 108, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
MONDAY, MARCH 30, 1992
3971
HB 1288. By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th and Jamieson of the llth:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1288
The Committee of Conference on HB 1288 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1288 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Ralph Twiggs Representative, 4th District
/s/ John C. Foster Senator, 50th District
/s/ Carlton Colwell Representative, 4th District
J. Nathan Deal Senator, 49th District
/s/ William J. Dover Representative, llth District
A BILL
To create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Lumpkin, and White; to provide for two judges of the superior court and a district attorney for said circuit; to provide for their initial appointment, subsequent election, and compensation; to provide for the transfer of proceedings to said circuit; to revise the Mountain Judicial Circuit and the Northeastern Judicial Circuit; to provide for other matters relative to the foregoing; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide for a new judicial circuit; to provide for the judges of the superior court and the terms of court in said circuit; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Effective July 1, 1992, there is created a new judicial circuit of the superior courts of this state, to be known as the Enotah Judicial Circuit, which circuit shall be composed of the Counties of Towns, Union, Lumpkin, and White. The offices of the judge of the superior court and district attorney of the Enotah Judicial Circuit are cre ated for said circuit. The initial judges and district attorney shall be appointed by the Governor for a term of office beginning on July 1, 1992, and continuing through December 31, 1994, and until successors are elected and qualified. Successors to the initial judges and district attorney shall be elected in the general election immediately preceding the expira tion of a term of office and shall be elected for terms of office of four years each and until their respective successors are duly elected and qualified. Successors to the offices of judge and district attorney shall take office on the first day of January following their election.
(b) The compensation and allowances of the judges and district attorney of said cir cuit shall be as now or hereafter provided by law.
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JOURNAL OF THE HOUSE,
(c) All civil, equitable, and criminal proceedings and litigations pending in the supe rior courts of Towns, Union, Lumpkin, and White counties at such time as they were a part of the Mountain Judicial Circuit and Northeastern Judicial Circuit, including all com plaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, mesne, and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending, or commenced in such counties shall relate to, become a part of, and be transferred to the respective superior courts of the Enotah Judicial Circuit and its jurisdiction when said circuit comes into exis tence.
Section 2. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by adding a new paragraph (17.1) to Code Section 15-6-1, relating to composition of the judicial circuits, and by striking paragraphs (25) and (26) of said Code section and inserting in lieu thereof the following:
"(17.1) Enotah Judicial Circuit, composed of the Counties of Towns, Union, Lumpkin, and White;".
"(25) Mountain Judicial Circuit, composed of the Counties of Habersham, Rabun, and Stephens^ Towns, ad Union;
(26) Northeastern Judicial Circuit, composed of the Counties of Hall; and Dawson;
Section 3. Said chapter is further amended by adding a new paragraph (17.1) to Code Section 15-6-2, relating to the number of judges, to read as follows:
"(17.1) Enotah Circuit ..........................................................................................................2".
Section 4. Said chapter is further amended by adding a new paragraph (17.1) to Code Section 15-6-3, relating to terms of court, and by striking paragraphs (25) and (26) of said Code section and inserting in lieu thereof the following:
"(17.1) Enotah Circuit: (A) Towns County -- January 1 and July L (B) Union County -- January 1 and July L (C) Lumpkin County -- Fourth Monday in February and August. (D) White County -- First Monday in April and October."
"(25) Mountain Circuit: (A) Habersham County -- January 1 and July 1. (B) Rabun County -- January 1 and July 1. (C) Stephens County -- January 1 and July 1. {)--Towns County -- January i and Jtriy lv 4B)--Union County -- January 1 ad Jtriy IT
(26) Northeastern Circuit: (A) Dawson County -- First Monday in February and August. (B) Hall County -- First Monday in May and November and second Monday in
January and July. {)--Lumpkin County -- Fourth Monday in February and August. {>)--White County -- First Monday in April and October."
Section 5. For the purposes of the appointment of the judges and district attorney of the Enotah Judicial Circuit to take office on July 1, 1992, this Act shall become effec tive upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall be effective on July 1, 1992.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Dover of the llth moved that the House adopt the report of the Com mittee of Conference on HB 1288.
On the motion, the ayes were 100, nays 2.
The motion prevailed.
MONDAY, MARCH 30, 1992
3973
Representative Orr of the 9th would like to be recorded as voting "nay" on adopting the report of the Committee of Conference on HB 1288.
The Speaker Pro Tern assumed the Chair.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 1687. By Representatives Stancil of the 66th, Teper of the 46th, Walker of the 113th, Jenkins of the 80th and Howard of the 85th:
A bill to amend Chapter 15 of Title 15 of the Official Code of Georgia Anno tated, relating to child support receivers, so as to require the collection of court costs and service fees.
The following Senate substitute was read:
A BILL
To amend Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to child support receivers, so as to require the collection of court costs and service fees; to provide procedures; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relat ing to child support receivers, is amended by striking Code Section 15-15-5, relating to fees, disposition, and records, and inserting in lieu thereof a new Code Section 15-15-5 to read as follows:
"15-15-5. (a) The child support receiver shall be authorized to charge the paying party an additional 5 percent of the amount of each payment, not to exceed $2.00 per payment. In the event of arrearage, the above fee shall be assessed as if the payments had been paid individually when due. The collected fees shall be turned ever te the county treasury as revenue deposited in the general fund of the county. Records of all such fees shall be maintained in accordance with this chapter.
(b) In addition to any amounts charged pursuant to subsection (a) of this Code sec tion, the child support receiver shall be required to assess and collect from the paying party all costs of court and service fees of the sheriff in any action initiated by the state. Such costs and fees shall be collected from the paying party with the first child support payment collected. Where a paying party is not financially capable of paying such costs and fees in a single payment, such individuals shall pay a $5.00 installment payment toward such costs and fees with each child support payment until all such court costs and sheriffs fees are paid in full. Said costs, including the sheriffs service fees, shall be paid to the clerk of the superior court who, after making the reports and payments otherwise required by general law, shall pay the remainder into the general fund of the county. All paying parties who have been determined to be indigent by the court shall be exempt from the assessment and collection of court costs and sheriffs service fees until the paying party is no longer found to be indigent.
(c) Nothing in this Code section shall allow or require any reduction of child support payments paid to any parent or guardian of a minor child."
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.
3974
JOURNAL OF THE HOUSE,
Representative Stancil of the 66th moved that the House agree to the Senate substi tute to HB 1687.
On the motion, the ayes were 102, nays 1.
The motion prevailed.
HB 1763.
By Representatives Benefield of the 72nd, Murphy of the 18th, Lee of the 72nd, Chafin of the 72nd, King 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 the form that shall be used in reporting of family violence incidents; to provide for collection and publication of data; to amend Title 35 of the Official Code of Georgia Anno tated, relating to law enforcement, so as to provide for training in investiga tion of family violence incidents.
The following Senate substitute was read:
A BILL
To amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, so as to provide that the Georgia Bureau of Investigation shall design and provide forms for reporting family violence incidents; to provide for collection and publication of data; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, so as to provide for training in investigation of family violence inci dents; 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 striking Code Section 17-4-20.1, relating to investiga tion of family violence incidents and preparation of a written report, in its entirety and inserting in lieu thereof the following:
"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.' Forms for such reports shall be designed and provided by the Georgia Bureau of Investigation. The report shall include the following: (1) Name of the parties; (2) Relationship of the parties;
MONDAY, MARCH 30, 1992
3975
(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.
FAMILY VIOLENCE REPORT
otate law FQuircs ftii iflw enforcement agencies to tport fill iftHiHy violence inciTM
form must be completed and ffled even if eat incident report has atee bee completed
As defined t O.C.G.A. 10-13-1, family violence means th occurrence ef one er mere
0r t/nc totiowing acts uctwoon past o? present spouses^ parents ADO children,
9tepparents find stepcn11urcn} roster parents fl.nct roster cfiiiciren, or otfier persons TtV"
tg in the aamc household:
<t)--Any felony; er
\ST Oomniissiofi ot tne otienses ot oftttieify^ flssfluit, criminal dsmft^e to property ,
unlawful rcatraint, ef criminal trespass.
----------
PLEASE PRINT ----
1. PARTIES INVOLVED (name, address, date ef birth; awl se*)
th
2. RELATIONSHIP OP PARTIES, 3. DATE/TIME/LOCATION ---- 4. CHILDREN INVOLVED? Yes ---- Ne ---- AS WITNESSES?
YPQ ___________ XT- ___________
6. TYPE/EXTENTOP ALLEGED ABUSE
----
6. WEAPONS? es ---- Ne ---- Type/By Whom?
-7. SUBSTANCE ABUSE? es ---- Ne ----: Type/By Whom?
: PRIOR COURT ORDERS? es ----- Ne ---- Type/In Effect?
0. NUMBER OP COMPLAINTS INVOLVING PERSONS WHO HAVE FILED
PREVIOUS COMPLAINTS
----
10 POIjIOR AOT'TON TAKRN (inrlnHp rpAaonq for ^ffifprq HptprmfnfltifrH t hot nnp
party was the primary physical aggfcsoor and mitigating circumstances lof why
an aFFC9t was not inQdcj
.__..'_."'""
3976
JOURNAL OF THE HOUSE,
11. WAS
VICTIM
APPRISED
GF
REMEDIES/SERVICES?----EXPLAIN
AVAILABLE ------
12. ARREST INFORMATION {Whe was arrested, pending charges) 13. ANY OTHER PERTINENT INFORMATION?
(Investigating officer)--(Date)--(Supcrvisor)_
(d) The report provided for in subsection (c) of this Code section shall be considered as being made for statistical purposes only and where no arrests are made shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50. However, upon request, a defendant who has been arrested for an act of family violence shall be entitled to review and copy any report prepared in accordance with this Code section relating to the defendant.
(e) Each police department, including local precincts and county sheriff departments, shall reportj according to rules and regulations of the Georgia Crime Information Center, all family violence incidents, both arrests and nonarrests, to the Georgia Crime Informatie Center Georgia Bureau of Investigation, which shall compile and analyze statistics of family violence crimes and cause them to be published annually in the Georgia Uni form Crime Reports. An offense shall be counted for each incident reported to the police. A zero shall be reported if no incidents have occurred during the reporting period."
Section 2. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, is amended by adding a new Code Section 35-1-10 to read as follows:
"35-1-10. 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, combating, and reporting family violence incidents for use by law enforcement training centers monitored and funded by the Peace Officers Standards and Training Council and the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Benefield of the 72nd moved that the House agree to the Senate sub stitute to HB 1763.
On the motion, the ayes were 98, nays 1.
The motion prevailed.
HB 1899.
By Representative Twiggs of the 4th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to rates and underwriting rules, so as to provide for premium reduction for employees and their families attending approved employer pro vided courses.
The following Senate amendment was read:
MONDAY, MARCH 30, 1992
3977
Amend H.B. 1899 by adding a new Section 4 as follows:
"Section 4. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the 'Geor gia Motor Vehicle Accident Reparations Act,' is amended by striking in its entirety Code Section 33-34-6 and inserting in lieu thereof the following:
'33-34-6. (a) Subject to the provisions of subsection (b) of this Code section, no insurer shall represent to a person making a claim under a motor vehicle insurance pol icy that the use of or the failure to use a particular repair facility or particular repair facilities may result in the nonpayment of a claim.
(b) No insurer shall require a person making a claim under a motor vehicle insurance policy to use a particular repair facility or particular repair facilities in order to settle a claim if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.
(c) Nothing contained in this Code section shall affect the rights of any insurer or insured pursuant to the provisions of the policy of insurance.'"
Representative Twiggs of the 4th moved that the House agree to the Senate amend ment to HB 1899.
On the motion, the ayes were 105, nays 1.
The motion prevailed.
HB 1322. By Representative Balkcom of the 140th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the disposal of certain seized wildlife; to change certain provisions relating to legal weapons for hunting; to change the open season dates and bag limits of certain wildlife.
The following Senate substitute was read:
A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide that falconers comply with certain federal regulations; to delete certain requirements relating to an annual inventory of raptors; to require a report of acquisition and disposition of raptors; to provide for applicability; to delete certain provisions relating to an annual report by falconers; to provide for the trans fer of possession of raptors; to provide for the propagation of raptors; to provide for the transport of raptors; to provide for the import into the state of raptors; to provide for non resident reciprocity; to delete certain provisions requiring a permit to trap and sell live fox; to provide certain conditions for holding live fox; to permit live fox to be held during trap ping season; to provide for the disposal of certain seized wildlife; to change certain provi sions relating to legal weapons for hunting; to change the open season dates and bag limits of certain wildlife; to provide for the tagging of deer carcasses under certain circumstances; to provide that certain traps must bear the owner's and user's trapper's number or name; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety paragraph (58) of Code Section 27-1-2, relating to definitions, and inserting in lieu thereof the following:
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JOURNAL OF THE HOUSE,
"(58) 'Raptor' means a live migratory bird of the femHy Accipitridae order Falconiformes or the order Strigiformes, other than the bald eagle (Haliaeetus leucocephalus); ef ef the family Falconidae e* the great horned ewl (Bubo virginianua) ef the family Strigidac or the golden eagle (Aquila chrysaetos)."
Section 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 27-1-21, relating to the seizure and disposal of wildlife illegally taken or pos sessed, and inserting in lieu thereof the following:
"(b) If the wildlife seized is perishable or if by its nature, size, or quantity it cannot be humanely, conveniently, or economically stored, held, or contained, or if the wildlife seized poses a threat to public safety or public health, the commissioner may at any time order that it be disposed of and the proceeds, if any, held in escrow for 30 days following such seizure. If the owner thereof or the person in possession at the time of seizure files an action pursuant to this Code section, the action will be for the return of the proceeds, if any, and the proceeds will be held in escrow until final disposition of the action. If no such action is filed, the proceeds shall be paid into the state trea sury."
Section 3. Said title is further amended by striking in its entirety Code Section 27-2-17, relating to falconry permits and related matters, and inserting in lieu thereof the following:
"27-2-17. (a) It shall be unlawful for any person to trap, take, transport, or possess raptors for falconry purposes unless the person first procures, in addition to a valid hunting license, a valid falconry permit as provided in Code Section 27-2-23, provided that it shall not be unlawful for a nonresident to transport or possess raptors in this state for falconry purposes if the person has a nonresident hunting license, as provided in Code Section 27-2-23, and a falconry license or permit from the state of residence of the person, which state meets federal falconry standards.
(b) There shall be three classes of falconry permits: apprentice, general, and master. Permittees shall comply with all standards, requirements, and limitations applicable to each class as provided in 50 C.F.R. Part 21, as now or hereafter amended. Prior to the issuance of any falconry permit, the applicant shall be required to answer correctly 80 percent of the questions on an examination administered by the department relating to the basic biology, care, and handling of raptors; the literature on raptors; and the laws and regulations pertaining to raptors. Permits to take, transport, or possess raptors shall be issued in accordance with the standards, requirements, and limitations set forth in 50 C.F.R. Parts 17 and 21, as now or hereafter amended threagk February 4; 1984.
(c) It shall be unlawful for any person to trap, transport, or possess a golden eagle (Aquila chrysaetos) unless authorized k writing as provided in by 50 C.F.R. Part 22 (1070) as now or hereafter amended.
(d) It shall be unlawful for a falconer to trade e* transfer a rapte* te another
unless ne money ef ether consideration is involved the transaction sell, purchase, or barter or to offer to sell, purchase, or barter any raptor to another falconer unless the raptor is marked on the metatarsus by a seamless, numbered band provided by the United States Fish and Wildlife Service, as required bj; 50 C.F.R. Part 21.
(e) By September 287 1077, ati persons possessing raptors shH submit te the departmcrH; &n inventory &nci QCsettption of ftti Fftptors tR tneir posscsoion, except tnosc neiu
application fer a falconry permit. Ne rapte* may be lawfully acquired after the submia9ion of sucfi inventory unless (tie person QCQUiFin ttte rsptor tipst ODuiins ft tttfni&t
TYini-lrnr frit\m fV>n 17j-I^.J O + ~.~.-. "PI^l* ,,,,J H7J1 Jllfo O^--.J,.^ .>.J **4-l-* ^U.^^. 14- *.^ ^.l^ ..^-^4..^... .ixiaiiwi irWIIi v"^ T7T111/CU CTtHLtTH r IOII EXIIU TT1HJII1U OUfTIVC BttU CdbdVriCB IT TO MIC 1 0.JL\Jl
immediately upon acquisition. No raptor may be possessed under authority of a falconry permit unless the permittee has a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition Report for each bird possessed.
(f) Any pefsen possessing a rapter before M& IT 1977, is required te band- the raptef witii ft rflptor niflFRef tfom tne "uRiteci otfltes risft &nci wiiuiiie ocrvicej pfovidcQ, now~ ever, tfist sucfi Pflptor co.nnot oe peptflccd n uefttn1, 10991 reioftse, of cscftpe occurs. A
MONDAY, MARCH 30, 1992
3979
raptor may be transported or held in temporary facilities, which shall be equipped with an adequate perch and protected from extreme temperatures and excessive disturbance, for a period not to exceed 30 days.
(g) Any person possessing raptors before July 1, 1077 1992, in excess of the number allowed by his falconry permit may keep the extra raptors. All such raptors shall be identified by raptor markers furnished by the United States Fish and Wildlife Service and cannot be replaced, nor can any additional raptors be obtained, until the number possessed is at least one less than the total number authorized by said permit.
(h) A person who possesses a lawfully acquired raptor before July 1, 1077 1992, and who fails to meet the falconry permit requirements shall be allowed to retain the raptors. All such birds shall be identified with raptor markers furnished by the United States Fish and Wildlife Service and cannot be replaced if death, loss, release, or escape occurs.
(i) It shall be unlawful for any person to alter, counterfeit, or deface a raptor marker furnished by the United States Fish and Wildlife Service; provided, however, that per sons possessing a falconry permit may remove the rear tab and may smooth any imper fect surface, as long as the integrity of the marker and numbering is not affected.
(j) By Jttly 81 ef each year, every person possessing a valid falconry permit shall sub mit a report te the department. This report snaa be made en a form containing the fol lowing information and such other information as may be prescribed by the department:
species, raptor marKcr number, sex ^n Known^, age ytt Known j, date wncn acquired, and where er from whom acquired; and
btrf ne longer possessed, which listing shall include species; raptor marker number; se* i\tr Known7j &fe ytt Known) j ddte wften toe rflptor Wfl8 flccjuiredj d&te wncn possession
occurred. No permittee may take, purchase, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless such permittee submits a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition Report to the issuing office of the United States Fish and Wildlife Service and sends a copy of such form to the department within five calendar days of such transaction.
(k) All persons applying for a falconry permit and all permitted falconers shall, by application for said permit, be deemed to agree to make their raptor housing facilities and falconry equipment (including but not limited to mews, weathering areas, jesses, leashes and swivels, bath containers, perches, and weighing devices) available at reason able times for inspection and certification as to compliance with federal standards by authorized agents of the department; provided, however, that no falconry permit may be issued until the applicant's raptor housing facilities and falconry equipment have been so inspected and certified.
(1) A falconry permittee shall obtain written authorization from the department before any species not indigenous to Georgia is intentionally released to the wild, at which time the released bird's marker^ if any, shall be removed and surrendered to the department. The marker,, if any, from an intentionally released bird which is indigenous to Georgia shall also be removed and surrendered to the department. A standard federal bird band shall be attached to such birds by the department or by a federal bird bander authorized by the United States Fish and Wildlife Service2 whenever possible.
ot csre will exceed otr d&ys, tne department snsll oe" Hrtormed m writing oy tne permitTM tee witnin tnrcc cloys of tnc trdnsier fts to wfiere ttie OH*GS &re to De neid, tne resson
they wiH be in the person's care. A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee only if that person is oth erwise authorized to possess raptors and only if the raptor is accompanied at all times by a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition
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JOURNAL OF THE HOUSE,
Report designating the permittee as the possessor of record and by a signed and dated statement from the permittee authorizing the temporary possession.
(n) Feathers that are molted or those feathers from birds held in captivity that die may be retained and exchanged by permittees only for imping purposes.
(o) It shall be unlawful for apprentice falconers to take young birds raptors not yet capable of flight (eyasses). General or master falconers may take such birds only between May 1 and June 30, provided that no more than two such birds may be taken by any permittee during this period.
(p) First-year birds (passage) raptors may be taken by permittees only from Septem ber 1 through December 31.
(q) Marked raptors may be retrapped at any time by holders of valid falconry per mits.
(r) Only American kestrels (Falco sparverius) and great-horned owls (Bubo virginianus) may be taken when over one year old, except that any raptor taken under a depredation (or special purpose) permit, other than endangered or threatened species, may be used for falconry by general and master falconers.
(s) It shall be lawful for a falconer meeting the requirements of this Code section to take small game with raptors, provided that the falconer observes the provisions of this Code section and the laws and regulations regulating the taking of small game.
(t) The department ay issue raptor propagation permits subject te the standards,
retJUirementS) flftd limitations SCt lOFtn tfl OW v.'r .TV. QCCtlOn i,oU, dS ftHl6lidCQ tftFOU^ft
February 1^ 1084. AH applications must be made in writing and submitted together with a completed application for ft federal raptor propagation permit prepared in accordance with 0 C.F.R. Section 21.30, as amended through February -, 1084. Raptor propagation and activities associated with raptor propagation are permitted in accordance with the provisions of 50 C.F.R. Part 21, as now or hereafter amended. No additional state permit is required; provided, however, that all persons engaging in such activities shall submit one copy of each federally required report to the department at the time such report is submitted to federal authorities.
(u) Holders of Georgia falconry permits may transport the raptors held under their permits within this state, may remove the raptors from this state for meets, trials, and hunting in other states, and may bring such raptors back into this state without obtain ing a Georgia importation permit; provided, however, that any person transporting a raptor into another state shall obtain any permit or license required for his activities by the state into which he transports the raptor.
(v) A falconry permittee may import into this state a legally acquired raptor without obtaining a Georgia wildlife importation permit if a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition Report shall accompany each raptor dur ing importation and the permittee complies with all applicable requirements of the state of origin.
(w) It shall be lawful for a nonresident to take or attempt to take raptors from the wild in this state if the nonresident has a valid general or master level falconry permit from such person's state of residence and a valid Georgia nonresident hunting license and if such person's state of residence provides the same privileges to residents of Geor gia."
Section 4. Said title is further amended by striking in their entireties subsections (a) and (b) of Code Section 27-2-22.1, relating to commercial fox breeding and hunting, and inserting in lieu thereof, respectively, the following:
"(a) It shall be unlawful for any person to trap and sell live fox without first procur ing a commercial trapping license provided for in Code Section 27-2-23 and obtaining a permit from the department te trap and seH Hve fexv The department may grant such ft permit when, in its discretion, it determines that the issuance ef the permit is in the Dest interest of trie wildlife resources find citizens of this stdte. 4i sueft ft permit ts
Lions fts rt dctCPUIines necessflry) including, lout not limited to( tne condition tnftt live *ox mfly only DC sold TO persons nflvin^ d vfliid permit of license pPOVided tor >m tnis Code section. Notwithstanding any other provision of this title to the contrary, live fox
MONDAY, MARCH 30, 1992
3981
may be taken from the wild only during trapping season and may be sold only to licensed commercial fox hunting preserves or licensed commercial fox breeders. Foxes may be held during open trapping season for up to five days until sold but must be sold or dispatched within five days after the close of trapping season. Any person in posses sion of a live fox must comply with the provisions of Code Section 27-5-6.
(b) It shall be unlawful for any person to purchase a live fox unless the person sell ing such game animal has a valid permit er commercial trapping license provided for in this Code section and unless the person purchasing such animal has a valid permit er license provided for in this Code section."
Section 5. Said title is further amended by striking in its entirety Code Section 27-3-4, relating to legal weapons for hunting wildlife, and inserting in lieu thereof the fol lowing:
"27-3-4. It shall be unlawful to hunt wildlife with any weapon, except that: (1) Longbows and compound bows may be used for taking small game. Longbows
and compound bows for hunting deer are permitted only during the regular hunting season and during the archery season for deer, provided that longbows and compound bows have a minimum recognized pull of 40 pounds at 28 inches ef draw. Arrows for hunting deer must be broadhead typei with a minimum width ef seven cightha ef ttn
(2) During primitive weapon hunts, longbows, compound bows, muzzleloading rifles of .44 caliber or larger with iron sights and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used;
(3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading rifles of .44 caliber or larger, and rifles using any center-fire cartridge .22 caliber or larger; provided, however, that a 3i Beet ^22- Hernetf .26-20; 7266 Magnum; guns using 786 caliber army carbine cartridges; .32-20; .32-40; r3W Magnum; v38 Special; .38-40; and 744-46 shall net be used; provided, further however, that fire arms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Handguns with a bawd length ef 676 inches er more, adjustable sights, and capable of delivering at least 500 foot pounds of energy at a distance of 100 yards may be used for hunting game animals deer, bear, or feral hogs. Bullets used in all rifles and handguns must be of the 6xpniuing typGr It SfiQll DC unlflwiul iof flny person, wnen hunting with IOUF or more other hunters, te se a handgun er rifle while hunting der with dogs;
(4) Weapons for hunting small game^ nongamc animals, er nongamc birds shall be limited to shotguns with shot shell size of no greater than 3 Vi inches in length with No. 2 lead shot or smaller or steel shot size of BBB F or smaller shot, .22 rimfire rifles firearms, gans using M caliber army carbine cartridges, the .32-20, any center-fire rifles with bere diameter ef 736? er smaller, aH caliber pistols, muzzleloading firearms, longbows, and compound bows; provided, however, that nothing contained in this par agraph shall permit the taking of protected species;
(5) (A) For hunting deer, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine.
(B) For hunting all other game, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is neces sary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine; (6) The use of crossbows for hunting within this state is prohibited; provided, how ever, that individuals with medically certified disability affecting the extremities which ppec1tKx69 the use Or ft pegulflp. OF compound DOW nifty be1 issued ft specifli permit" tor tne use of ft cross DOW, &iwi sucfi pe fruits snftii i&e issued upon receipt of ft letter trom ft pnysicifln licensed TO pr&ctice medicine under tne IQWS of oeorgifl wnicn certifies that such individual has a permanent disability te the extremities cither through
3982
JOURNAL OF THE HOUSE,
amputation er less ef function which renders the se of a regular or compound bow impossible who receive and retain in their possession a lifetime honorary hunting and fishing license pursuant to paragraph (2) of subsection (a) of Code Section 27-2-4 by filing with the department a letter from the United States Department of Veterans Affairs or from a physician licensed to practice medicine under the laws of Georgia which letter certifies that such resident is totally and permanently disabled and which letter contains information establishing that such certification is based upon _ol_ic_ation of the guidelines and procedures for determining total disability ratings for com pensation as contained in the United States Department of Veterans Affairs Schedule for Rating Disabilities, Loose Leaf Edition, may use a crossbow for hunting deer dur ing the archery season for deer and during primitive weapons hunts on wildlife man agement areas. Additionally, individuals who do not qualify for an honorary hunting license but have had amputation of an arm or hand may be issued a special permit by the department to hunt deer with a crossbow. Individuals who have received a spe cial crossbow hunting permit from the department prior to July 1^ 1992, may continue to hunt deer with a crossbow;
(7) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading rifles, longbows, or compound bows. Any person taking turkey in violation of this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00;
witn INO. ^ snot or smaller snot, . a rimiirc tircarms^ muzzleloading ritlcs, longbows, and compound bews There are no firearms restrictions for taking nongame animals or nongame birds;
(9) The use of silencers for hunting within this state is prohibited."
Section 6. Said title is further amended by striking in their entireties subsections (a), (b), and (f) of Code Section 27-3-15, relating to season and bag limits and related matters, and inserting in lieu thereof, respectively, the following:
"(a) It shall be unlawful to hunt the following game species at any time during the period periods set forth below:
Game Species
Closed Season
(1) Quail
March 16 -- 18 Oct. 31
(2) Grouse
March 1 -- Oct. 14
(3) Turkey
(A) Gobblers
', c*J _^^ _
May 22 -- March 14
(B) Hens
All year
(4) Deer
Jan. 16 -- Sept. 14
(5) Bobcat
March 1 -- Oct. 14
(6) Opossum
March 1 -- Oct. 14, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties
(7) Rabbit
March 1 -- Nevv IS
MONDAY, MARCH 30, 1992
3983
Oct. 31
(8) Raccoon
March 1 -- Oct. 14, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties
(9) Squirrel
March 1 -- August 14
(10) Bear
Jan. 16 -- Sept. 14
(11) Sea turtles and their eggs
All year
(12) Cougar (Felis concolor)
All year
(13) Alligators
Nov. 1 -- March 31
(14) Migratory game birds
March 11 -- August 31
(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species:
Game Species
Maximum Open Season Maximum Bag Limits
Daily
Season
(1) Quail
Nov. 1 -- March 15
12
No limit
(2) Grouse
Oct. 15 -- Feb. 29
No limit
(3) Turkey gobblers
March 15 -- May 21
23
23
(4) Deer
Sept. 15 -- Jan. 15
5
5
Up to two deer per
managed hunt may be
allowed on wildlife
management areas
without complying
with the state-wide
bag limit
(5) Bobcat
Oct. 15 -- Feb. 29
No limit
No limit
(6) Opossum
(A) Oct. 15 -- Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks,
No limit
No limit
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JOURNAL OF THE HOUSE,
Franklin, and Hart counties; and;
(B) Jan. 1 -- Dec. 31 for the remainder of the state
No limit
No limit
(7) Rabbit
Nov. 1 -- Feb. 29
M12
No limit
(8) Raccoon
(A) Oct. 15 -- Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties; and
No limit
No limit
(B) Jan. 1 -- Dec. 31 for the remainder of the state
No limit
No limit
(9) Squirrel
Aug. 15 -- Feb. 29
12
No limit
(10) Fox
Jan. 1 -- Dec. 31
No limit
No limit
(11) Migratory
game birds
Sept. 1 -- March 10
Subject to limits set by the federal government and adopted by the board
(12) Bear
Sept. 15 -- Jan. 15
(13) Alligators
April 1 -- Oct. 31
Subject to limits adopted by the board"
"(f) Notwithstanding the provisions of subsections (a) and (b) of this Code section, it shall be unlawful to take the species designated below^ except squirrels, by means of falconry at any time during the period March 16 through September 30; but it shall not be unlawful to take the species designated below2 except squirrels, by means of falconry during the period October 1 through March 15. It shall be unlawful to take squirrels by means of falconry at any time during the period March 16 through August 14, but it shall not be unlawful to take squirrels by means of falconry at any time during the
MONDAY, MARCH 30, 1992
3985
period Ajigust 15 through March 15 in such number not exceeding the bag limits for each suchi species as follows:
Game Species
(1) Quail (2) Grouse (3) Rabbit (4) Squirrel
Maximum Daily 12 3 W 12 Q 12
Bag Limits Season No limit No limit No limit No limit"
Section 7. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 27-3-45, relating to the removal of a deer carcass from the place of killing without affixing a tag to such carcass, and inserting, respectively, the following:
"(a) It shall be unlawful for any person killing a deer to remove the carcass from the place of killing until such person detaches from his license the appropriate tag and attaches such tag to the carcass; provided, however, that the carcasses of deer killed on a wildlife management area managed hunt requiring hunter check-in and check-out of harvested deer will be tagged at the check station with a special wildlife management
area tag. The tag deer tags shall be properly filled out and shall remain on the deer at all times until it has been processed for consumption. Any person who has possession of a deer that is not properly tagged shall be guilty of a misdemeanor. Any deer found
not properly tagged shall be confiscated. (b) It shall be unlawful to transfer or reuse a deer tag or to obtain, possess, or other
wise use multiple sets of licenses including, without limitation, landowners' or honorary
licenses, for the purpose of circumventing the season bag limit for deer."
Section 8. Said title is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 27-3-63, relating to general offenses and penalties relative to wildlife, which reads as follows:
"(4) Trap any wildlife by the use of traps which are not stamped with the owner's current license number or name in such a manner that the current license number or name is legible at all times. Any trap or traps found that are not stamped as required by this Code section may be confiscated and destroyed by the department through its officers and conservation rangers;", and inserting in lieu thereof the following:
"(4) Trap any wildlife by the use of any trap or other device which is not legibly etched, stamped, or tagged by affixing a stamped metal tag showing the owner's perma nent trapper's identification number as provided by the department or the owner's name. In the event that a trap or other device etched or stamped with the owner's per manent trapper's identification number or name is being used in the field by another, such trap or device must have attached to it a stamped metal tag with the user's perma nent trapper's identification number or name. Any trap or other device found in use in the field which is not etched, stamped, or tagged as required by this paragraph may be confiscated and destroyed by the department through its officers and conservation rang ers;"
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Representative Balkcom of the 140th moved that the House agree to the Senate sub stitute to HB 1322.
On the motion, the ayes were 104, nays 3.
The motion prevailed.
HB 1929.
By Representative Childers of the 15th:
A bill to amend Code Section 16-12-160 of the Official Code of Georgia Annotated, prohibiting buying or selling a human body or parts thereof, so as to change certain exceptions to the prohibition; to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, the "Geor gia Anatomical Gift Act," so as to change the provisions relating to defini tions.
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JOURNAL OF THE HOUSE,
The following Senate amendment was read:
Amend HB 1929 by striking lines 12 through 17 of page 3 and inserting in lieu thereof the following:
"W (2) 'Bank or storage facility' means a tissue bank or eye bank licensed or spptovet* Dy trie otfltc o dcorgis ADQ diS moftos sn orgsn procuremeIK ft^ency OF other facilities fer the storage ef human bodies er parts thereof in this state an organ procure ment organization or any entity licensed or approved in the State of Georgia as a tissue bank, eye bank, or clinical laboratory which procures, stores, or processes human tissue designed to be used for medical purposes in human beings."
Representative Childers of the 15th moved that the House agree to the Senate amend ment to HB 1929.
On the motion, the ayes were 96, nays 0.
The motion prevailed.
HB 1574. By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of physical therapists, so as to provide for the comprehensive revision of said chapter.
The following Senate substitute was read:
A BILL
To amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physical therapists, so as to provide for the comprehensive revision of said chapter; to provide for definitions; to change certain provisions relating to the compo sition and method of selecting members of the State Board of Physical Therapy; to pro vide for additional qualifications; to provide for additional powers and duties of the board; to change certain provisions relating to physical therapy license requirements; to provide for additional practice requirements; to provide for additional license requirements with respect to physical therapist assistants; to change certain provisions relating to reciprocity; to change certain provisions relating to the expiration, renewal, and restoration of licenses; to change certain provisions relating to the issuance of temporary licenses; to provide for training permits; to change certain provisions relating to refusal to grant or restore licenses and disciplinary authority; to provide for certain mental and physical examinations; to provide for certain fines; to change the termination date of and to continue the board and the laws relating to the board; 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 33 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physical therapists, is amended by striking Code Section 43-33-3, relat ing to definitions regarding the State Board of Physical Therapy, and inserting in its place a new Code Section 43-33-3 to read as follows:
"43-33-3. As used in this chapter, the term: (1) 'Board' means the State Board of Physical Therapy. (2) 'Direct supervision of a trainee' means that the licensed physical therapist is
on the premises at all times and is fully responsible for the activities assigned to the trainee.
42} (3) 'License' means a valid and current certificate of registration issued by the board, which shall give the person to whom it is issued authority to engage in the practice prescribed thereon.
MONDAY, MARCH 30, 1992
3987
{3} (4) 'Licensee' means any person holding a license. <4) (5) 'Person' means a human person only, not a legal entity. {6} (6) 'Physical therapist' means a person licensed to practice physical therapy as defined in this chapter and whose license is in good standing. A physical therapist shall be designated by the initials 'P.T.' {} (7) 'Physical therapist assistant' or 'physical therapy assistant' means a person who is licensed by the board to assist a physical therapist, whose activities are super vised and directed by a physical therapist, and whose license is in good standing. A physical therapist assistant shall be designated by the initials 'P.T.A.' fH (8) 'Physical therapy' means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation, documentation, and evalua tion of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic purposes; and the provision of consultative, educational, and other advisory services for the purpose of preventing or reducing the incidence and severity of physical dis ability, bodily malfunction, and pain. {8} (9) 'Physical therapy aide' means a person who aids in the providing provision of physical therapy services, who is supervised and directed on the premises at all times by a licensee under this chapter, and whose activities do not require technical training through a formal course of study. (10) 'Trainee' means an applicant for initial license or an applicant for relicensure who has not practiced the profession for a period which exceeds two years and who is authorized, by issuance of a training permit, to work under the direct supervision of a physical therapist licensed under this chapter. (11) 'Traineeship' means a period of activity during which an unlicensed physical therapist or physical therapy assistant works under the direct supervision of a licensed physical therapist who has practiced for not less than one continuous year prior to assuming the supervisory role. (12) 'Training permit' means a valid and current certificate of registration issued by the board, which gives the person to whom it is issued authority to engage in practice through a traineeship prescribed thereon and may be granted to a qualified unlicensed graduate trainee, foreign trained trainee, or relicensure trainee."
Section 2. Said chapter is further amended by striking Code Section 43-33-5, relating to appointment of board members, and inserting in its place a new Code Section 43-33-5 to read as follows:
"43-33-5. The board shall consist of six eight members, as provided in Code Section 43-33-6, each of whom shall be appointed by the Governor^ approved by the Secretary ef State, and confirmed by the Senate for a term of three years and until a successor is appointed and qualified. Vacancies on the board shall be filled by the Governor's appointment of a successor to serve out the unexpired term. The Governor, after notice and opportunity for hearing, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of license of those licensee members, or other dishonorable conduct. No person shall serve more than two consecutive full terms as a member of the board."
Section 3. Said chapter is further amended by striking Code Section 43-33-6, relating to qualifications, and inserting in its place a new Code Section 43-33-6 to read as follows:
"43-33-6. To be eligible for appointment to the board, a person must be a resident of this state. Five Six members of the board shall be licensees licensed as physical therapists under this chapter who have practiced or taught physical therapy for at least five years. At least one member shall be licensed and practicing as a physical therapist assistant. The sixth eighth member shall be appointed from the public at large and shall have no connection whatsoever with the practice or profession of physical therapy."
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JOURNAL OF THE HOUSE,
Section 4. Said chapter is further amended by striking Code Section 43-33-10, relat ing to general powers and duties of the board, and inserting in its place a new Code Sec tion 43-33-10 to read as follows:
"43-33-10. In carrying out the provisions of this chapter, the board shall, in addition to the other powers conferred upon it under this chapter, have the power to:
(1) Prepare or approve all examinations or applicants for licenses; (2) Determine the qualifications of and authorize the issuance of licenses to quali fied physical therapists and physical therapist assistants; (3) Determine the qualifications for and approve educational programs that pre pare physical therapists and physical therapist assistants for the purpose of determin ing qualifications of applicants for licensure; (4) Initiate investigations of alleged or suspected violations of the provisions of this chapter or other laws of this state pertaining to physical therapy and any rules and regulations adopted by the board. For this purpose, any board member or authorized agent of the board shall have the power and right to enter and make reasonable inspection of any place where physical therapy is practiced; (5) Conduct all hearings in contested cases according to Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act'; (6) Discipline any person licensed under this chapter, or refuse to grant, renew, or restore a license to any person upon any ground specified in this chapter; (7) Adopt a seal, the imprint of which together with the authorized signature of either the joint-secretary or other member authorized by the board shall be effective to evidence its official acts; (8) Establish licensing fees and maintain in the office of the joint-secretary a regis ter of all persons holding a license and a record of all inspections made; ael (9) Adopt and publish a code of ethics; (10) Issue training permits; and {9) (11) Adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions and purposes of this chapter and other laws of this state insofar as they relate to physical therapy."
Section 5. Said chapter is further amended by striking Code Section 43-33-11, relat ing to license requirements, and inserting in its place a new Code Section 43-33-11 to read as follows:
"43-33-11. No persons shall practice as a physical therapist or as a physical therapist assistant nor hold himself out as being able to practice as a physical therapist or as a physical therapist assistant or use the initials P.T. or P.T.A. in conjunction therewith unless he holds a license and otherwise complies with the provisions of this chapter and the rules and regulations adopted by the board. Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of:
(1) Any person licensed under any other law of this state who is engaged in the professional or trade practices properly conducted under the authority of such other licensing laws;
(2) Any person pursuing a course of study leading to a degree or certificate as a physical therapist or as a physical therapist assistant in an entry level educational program approved by the board, if such person is designated by a title indicating stu dent status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist;
(3) Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educa tional program sponsored by an educational institution approved by the board, and conducted under the supervision of a physical therapist licensed under this chapter. If such person provides physical therapy services outside the scope of the educational program, he shall then be required to be licensed in accordance with this chapter;
(4) A physical therapist licensed in another state or country or employed by the United States government conducting a teaching or clinical demonstration in connec tion with an academic or continuing education program; or
MONDAY, MARCH 30, 1992
3989
(5) Any person employed as a physical therapist or as a physical therapist assist ant by the United States government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall engage in the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he shall then be required to be licensed in accordance with this chapter j or
(6) A person currently licensed in another state who is present in this state for treatment of a temporary sojourner only, said treatment in this state not to exceed a total of 60 days during any 12 month period."
Section 6. Said chapter is further amended by striking Code Section 43-33-12, relat ing to requirements for the issuance of licenses, and inserting in its place a new Code Sec tion 43-33-12 to read as follows:
"43-33-12. A license to practice physical therapy shall be issued to any person who: (1) Is a graduate of an educational program that prepares physical therapists and
which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from a program conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and under stand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter;
(2) Has satisfactorily passed an examination prepared or approved by the board; and
(3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19."
Section 7. Said chapter is further amended by striking Code Section 43-33-13, relat ing to physical therapist assistant license requirements, and inserting in its place a new Code Section 43-33-13 to read as follows:
"43-33-13. A license to practice as a physical therapist assistant shall be issued to any person who:
(1) Is a graduate of an educational program that prepares physical therapist assist ants and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from a program conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter;
(2) Has satisfactorily passed an examination prepared or approved by the board; and
(3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19."
Section 8. Said chapter is further amended by striking Code Section 43-33-15, relat ing to reciprocity, and inserting in its place a new Code Section 43-33-15 to read as fol lows:
"43-33-15. The board may grant to a person licensed in another state or territory of the United States full privileges to engage in equivalent practice authorized by this chapter without taking an examination, provided:
(1) That such person is properly licensed under the laws of another state or terri tory or the United States; and
(2) That the requirements for licensing in such other state or territory of the United States are substantially equal to the requirements for a similar license in this state."
Section 9. Said chapter is further amended by striking Code Section 43-33-16, relat ing to expiration, renewal, and restoration of licenses, and inserting in its place a new Code Section 43-33-16 to read as follows:
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JOURNAL OF THE HOUSE,
"43-33-16. All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the joint-secretary prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the joint-secretary and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. The board shall require no less than four hours of continuing education in order to renew any license issued pursuant to this chapter."
Section 10. Said chapter is further amended by striking Code Section 43-33-17, relating to issuance of temporary licenses, which reads as follows:
"43-33-17. (a) A temporary license may be issued without examination to any per son who:
(1) Applies for the first time to practice as a physical therapist or as a physical therapist assistant under Code Section 43-33-12, 43-33-13, or 43-33-15 and meets all other qualifications under Code Section 43-33-12, 43-33-13, or 43-33-15; or
(2) Intends to practice on a temporary basis in this state and otherwise meets all qualifications for a licensed physical therapist or physical therapy assistant under this chapter. (b) A temporary license issued pursuant to this Code section shall expire after six months and be subject to renewal only upon good and exceptional cause shown, pro vided that a temporary license may not be renewed more than one time.", and inserting in its place a new Code Section 43-33-17 to read as follows: "43-33-17. (a) The board may issue a training permit to an unlicensed graduate trainee who is a graduate of an approved physical therapy program who is applying to take the next scheduled licensing examination or who has taken the examination but not yet received the examination results. (b) The board may issue a training permit to a foreign trained trainee who is a grad uate from a school outside the United States and its territories and who is approved to take the examination. (c) The board may issue a training permit to a relicensure trainee who has held an inactive license to practice as a physical therapist or license to practice as a physical therapy assistant for more than two years. (d) A training permit shall allow the holder thereof to work only under the direct supervision of a physical therapist who has practiced for not less than one continuous year prior to assuming the supervisory role. (e) A training permit issued pursuant to this Code section shall be valid for up to six months or expire immediately upon notification of failing exam results or interrup tion or cancellation of a required practicum approved by the board. (f) A training permit may be subject to renewal, at the discretion of the board, when good cause is shown. The training permit may not be renewed more than one time and failure of a licensure examination is not deemed to be good cause."
Section 11. Said chapter is further amended by striking Code Section 43-33-18, relating to refusal to grant or restore licenses, and inserting in its place a new Code Sec tion 43-33-18 to read as follows:
"43-33-18. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:
(1) Implemented a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts, or in the case of practice as a physical therapist assistant, practiced other than under the supervision and direc tion of a licensed physical therapist;
MONDAY, MARCH 30, 1992
3991
(2) Become Displayed an inability or has become unable to practice physical therapy or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition!:
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appro priate practitioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, not withstanding any claim of privilege under a contrary rule of law or statute, includ ing, but not limited to Code Section 24-9-21. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application for a license to practice physical therapy in this state shall be deemed to have given his consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his con trol, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing physical therapy under this paragraph shall at reasonable intervals be afforded an opportu nity to demonstrate to the board that he can resume or begin the practice of physi cal therapy with reasonable skill and safety to patients;
(B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application to practice physical therapy in this state shall be deemed to have given his consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communi cation;
(C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the above-mentioned examina tion or the above-mentioned records relating to the mental or physical condition of such licensee or applicant, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding;
(3) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudi cation of guilt or sentence is withheld or not entered thereon pursuant to the provi sions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute;
(4) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a patient, consumer, or other person or entity in connection with the practice of physi cal therapy or in any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical therapist assistant, or made a false or deceptive biennial registration with the board;
(5) Practiced physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly aided, assisted, procured, or advised any person
3992
JOURNAL OF THE HOUSE,
to practice physical therapy contrary to this Code section or to the rules and regula tions of the board; or knowingly performed any act which in any way aids, assists, pro cures, advises, or encourages any unlicensed person to practice physical therapy;
(6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice or the failure to comply with the code of ethics of the board;
(7) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this subsection; or
(8) Divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient. (b) (1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:
(A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license; e? (F) Condition the penalty or withhold formal disposition, upon the physical therapist's, physical therapist assistant's, or other person's submission to the care, counseling, or treatment of physicians or other professional persons, and the com pletion of such care, counseling, or treatment, as directed by the boardv j or (G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regula tion of the board. (2) In addition to or in conjunction with the foregoing actions the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c) In its discretion, the board may restore and reissue a license issued under this chapter or any antecedent law and, as a condition thereof, it may impose any disciplin ary or corrective measure provided in this chapter. (d) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a physi cal therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant shall be immune from civil and criminal liability for so testifying."
Section 12. Nothing in this chapter shall be construed to restrict the provision of physical therapy or any other act by a physician licensed under Chapter 34 of this title or a podiatrist licensed under Chapter 35 of this title operating within the scope of his or her license or the provision of physical therapy or aiding in the provision of physical therapy by persons acting under the supervision of a licensed physician or podiatrist.
Section 13. Said chapter is further amended by striking Code Section 43-33-21, relating to termination of the board, and inserting in its place Code Section 43-33-21 to read as follows:
"43-33-21. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the
MONDAY, MARCH 30, 1992
3993
State Board of Physical Therapy shall be terminated on July 1, 1992 1998, 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 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 following amendment was read and adopted:
Representatives Childers of the 15th and Simpson of the 70th move to amend the Senate substitute to HB 1574, by striking line 12 of page 1 and inserting the following:
"with respect to physical therapist assistants; to define a physical therapy aide; to change".
By inserting, between lines 3 and 4 of page 10, the following:
"Section 8. Said chapter is further amended by adding a new Code section immedi ately following Code Section 43-33-13, to be designated Code Section 43-33-13.1, to read as follows:
'43-33-13.1. A physical therapy aide is one, other than a licensed physical therapist or physical therapy assistant, who is employed to assist a licensed physical therapist or a licensed physical therapist assistant by performing under direct supervision those acts, services, practices, and procedures as authorized under this chapter and approved by the board by rule or regulation.'".
By renumbering Sections 8 through 15 as Sections 9 through 16, respectively.
Representative Childers of the 15th moved that the House agree to the Senate substi tute, as amended by the House, to HB 1574.
On the motion, the ayes were 90, nays 12. The Chair votes "aye". The ayes were 91, nays 12. The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 1519.
By Representatives Oliver of the 53rd, Baker of the 51st and Porter of the 119th:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that if the Department of Human Resources is the petitioner, then no guard ian ad litem need be appointed; to provide for admissibility of blood tests.
Representative Oliver of the 53rd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1519 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.
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JOURNAL OF THE HOUSE,
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Oliver of the 53rd, Chambless of the 133rd and Thomas of the 69th.
The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 1599.
By Representatives Martin of the 26th, Childers of the 15th, Coleman of the 118th, McKinney of the 35th, Hamilton of the 124th and others:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to provide that prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency or any other agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner.
The following Senate substitute was read:
A BILL
To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide that prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency appointed by the court or any other independent agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recom mendations in writing to the court where the petition for adoption was filed; to provide for exceptions; to provide for such investigation by the Department of Human Resources; to provide for situations in which the Department of Human Resources is unable to make or arrange for the proper investigation and report; to require a child-placing agency or other agent appointed by the court to perform certain other tasks or duties heretofore per formed by the Department of Human Resources; to change the provisions relating to the criminal records check of a petitioner for adoption; to require the petitioner to reimburse the child-placing agency, other agent, or Department of Human Resources for the cost of conducting the investigation and report applicable to the petition for adoption; to change the provisions relating to cases and procedures where the report of the investigating agency disapproves of the adoption of the child; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking in its entirety Code Section 19-8-16, relating to inves tigations by the Department of Human Resources or other agencies upon the filing of a petition for adoption, and inserting in lieu thereof a new Code Section 19-8-16 to read as follows:
"19-8-16. (a) Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of the department, through its ewn agents, through one of it>9 ciiilu * pifncing fluenciesj of tftFou^jn flny otrieI* ft^cnt flppointcd Dy tiie ciGpfirtHIGnt, a child-placing agency appointed by the court or any other independent agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. If for any reason the department child-placing agency or other agent finds itself unable to make or arrange for the proper investigation
MONDAY, MARCH 30, 1992
3995
and report, it shall be the duty of the eemmissiener ef human resources agency or agent to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated.
(b) If the petition has been filed pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7, the department is authorized, feat net required, court is authorized but not required to appoint a child-placing agency or other independent agent to make an inves tigation sad shall d so whenever requested fey the court, in whatever form the court specifies.
(c) If the petition has been filed pursuant to subsection {) ef Code Section 19-8-8, or if the department has conducted an investigation and has consented to the adoption, an investigation fey the department shall not be required.
(d) Where a criminal records check of a petitioner is required pursuant to this Code section, that petitioner shall pay the fee and the child-placing agency or other indepen dent agent may make application for such records check as required by the department to the Georgia Crime Information Center.
(e) The court may appoint the department to serve as its agent to conduct the inves tigation required by this Code section if an appropriate child-placing agency or indepen dent agent is not available. If for any reason the department finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the commis sioner of human resources to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated.
(f) The court shall require the petitioner to reimburse the child-placing agency or other independent agent, including the department, for the full cost of conducting the investigation and preparing the report. Such cost shall not exceed $250.00 unless specifi cally authorized by the court."
Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 19-8-17, relating to the report and recommendation relative to adoption of the investigating department or agency, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) If the report of the department er the child-placing investigating agency or independent agent disapproves of the adoption of the child, motion may be made by the department er by the child-placing investigating agency or independent agent to the court to dismiss the petition and the court after hearing is authorized to do so. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Georgia Court of Appeals or Supreme Court, as in other cases, as provided by law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Martin of the 26th moved that the House agree to the Senate substi tute to HB 1599.
On the motion, the ayes were 97, nays 1.
The motion prevailed.
HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles.
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JOURNAL OF THE HOUSE,
The following Senate amendment was read:
Amend HR 715 by striking from line 2 of page 1 the following: "motor vehicles". By striking from lines 21 and 26 of page 1 the following: "motor vehicles". By striking from line 8 of page 2 the following: "motor vehicles".
Representative Watts of the 41st moved that the House disagree to the Senate amend ment to HR 715.
The motion prevailed.
HB 1676. By Representative Holland of the 136th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that a motor vehicle liability insurance carrier may tender, and a claimant may accept, the policy limits and such offer and acceptance shall bar certain further claims.
The following Senate amendment was read:
Amend HB 1676 by adding on line 9 of page 1 after the semicolon and before the word "to" the following:
"to provide that a limited release shall not be admissible in evidence;".
By striking the word "or" at the end of line 22 of page 2.
By striking the period at the end of line 24 of page 2 and inserting in lieu thereof the following:
"; or".
By adding between lines 24 and 25 of page 2 the following:
"(5) Be admissible in evidence before the trier of fact in the trial of a tort action.".
The following amendment was read and adopted:
Representative Holland of the 136th moves to amend the Senate amendment to HB 1676 as follows:
On page 1 of the Senate amendment line 15 after the word "action" and before the period add the following:
", but the amount paid thereunder shall be admissible as provided by law as evidence of the offset against the liability of the uninsured motorist carrier and as evidence of the offset against any verdict of the trier of fact."
Representative Holland of the 136th moved that the House agree to the Senate amendment, as amended by the House, to HB 1676.
MONDAY, MARCH 30, 1992
3997
On the motion, the ayes were 106, nays 1.
The motion prevailed.
The Speaker assumed the Chair.
SB 622. By Senators Clay of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that a student shall not be eligible to participate in extracurricular athletics unless such student maintains a passing grade on the subjects being taken.
The following Senate substitute was read:
A BILL
To amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to students, so as to provide that Georgia Board of Education Rule 160-5-1-.18 Extracurricular Activities: No Pass/No Participate shall not apply to students in grades six through eight; to provide that such rule shall not apply to students in grades nine through 12 except for competitive interscholastic activities; 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 16 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to students, is amended by adding a new Part 5 to read as follows:
"Part 5
20-2-785. (a) Georgia Board of Education Rule 160-5-1-.18 Extracurricular Activi ties: No Pass/No Participate shall not apply to students in grades six through eight.
(b) Georgia Board of Education Rule 160-5-1-.18 Extracurricular Activities: No Pass/No Participate shall not apply to students in grades nine through 12 except for competitive interscholastic activities."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Aiken of the 21st moved that the House agree to the Senate substitute, to the House substitute, to SB 622.
On the motion, the ayes were 104, nays 0.
The motion prevailed.
Representative Lane of the 27th moved that the House reconsider its action in failing to adopt the Committee of Conference Report on the following Bill of the House:
HB 113. By Representative Lane of the 27th:
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 require a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Y Alford Y Ashe Y Atkins
Y Baker Balkcom
Y Barfoot
Y Bargeron N Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield
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JOURNAL OF THE HOUSE,
Y Birdsong Y Blitch
Y Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks
Brown Y Brush YBuck
Y Buckner
YByrd
Y Campbell
Y Canty
Y Carrell
Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
N Clark.E Y Clark.L N Coker Y Coleman
Colwel! Y Connell Y Culbreth Y Cummings.B E Cummings,M
Davis.D Davis.G N Davis.M
N Dixon.H Y Dixon.S
Dobbs Y Dover N Dunn Y Edwards Y Elliott N Felton Y Fennel
Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene N Griffin Y Groover E Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwir. N Jackson
N Jamieson Y Jenkins N Jones Y Kilgore
YKing Y Kingston N Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence
Y Lawson YLee
Long YLord Y Lucas Y Mann
Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C N Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Mueller
Y Oliver.C Y Oliver.M NOrr
Y Orrock Y Padgett Y Parham Y Parrish
N Patten Pelote
Y Perry
Y Pettit N Pinholster
Pinks ton YPoag N Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
NRay Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper N Smith,L Y Smith.P
Y Smith.T Smith.W
Y Smyre YSnow Y Stancil.F N Stancil.S Y Stanley
Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti N Vaughan Y Walker,J
Walker.L Y Wall N Watson Y Watts
White Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr
On the motion, the ayes were 123, nays 22. The motion prevailed.
Representative Thomas of the 69th 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 Lane of the 27th moved that the House adopt the report of the Com mittee of Conference on HB 113.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
N Aiken Alford
Y Ashe N Atkins Y Baker
Balkcom Y Barfoot Y Bargeron N Barnett.B Y Barnett.M Y Bates
Y Beatty N Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove
Brooks Y Brown Y Brush YBuck
Y Buckner
YByrd Y Campbell N Canty Y Carrell Y Carter
Y Cauthorn
N Chafin
N Chambless Y Cheeks Y Childers N Clark.E Y Clark,L N Coker
Coleman Colwell Y Connell Y Culbreth Y Cummings.B E Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Dobbs Y Dover
Y Dunn Edwards
Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover
E Hamilton Y Hammond
Y Manner
Y Harris.B
Harris,J
Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard
Y Hudson Y Irwin N Jackson N Jamieson Y Jenkins Y Jones Y Kilgore NKing Y Kingston
N Klein
NLadd Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson NLee
Long
YLord Y Lucas Y Mann Y Martin Y McBee N McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt
Y Milam N Mills Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M NOrr
Orrock
Y Padgett N Parham N Parrish N Patten
Pelote Y Perry Y Pettit N Pinholster
Pinkston Poag
N Porter
Y Poston
MONDAY, MARCH 30, 1992
3999
Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall Y Ray N Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper N Smith.L Y Smith.P Y Smith.T N Smith,W Y Smyre
Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N
On the motion, the ayes were 121, nays 34. The motion prevailed.
Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti N Vaughan N Walker,J
Walker.L
Y Wall N Watson Y Watts Y White Y Wilder Y William8,B
WilliamsJ Y Williams.R Y Yeargin
Murphy.Spkr
Representative Fennel of the 155th 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 Heard of the 43rd stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 1721.
By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that after a sevenyear holding period, restitution funds may be claimed by the respective county holding such funds.
The following Senate amendment was read:
Amend HB 1721 by striking lines 20 and 21 and inserting in lieu thereof the following: "paid into the Georgia Crime Victims Emergency Fund".
Representative McKelvey of the 15th moved that the House disagree to the Senate amendment to HB 1721.
The motion prevailed.
HB 1837.
By Representative Byrd of the 153rd:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum under the "Quality Basic Education Act," so as to provide that certain courses shall contain and shall not contain certain information.
The following Senate amendment was read:
Amend HB 1837 by adding in the title on line 12 of page 1 between the semicolon and the word "to" the following:
"to provide that no instruction under this Act shall encourage the violation of Georgia law; to provide that this Act shall not preclude the teaching of pregnancy prevention and the prevention of sexually transmitted diseases;".
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JOURNAL OF THE HOUSE,
By deleting the quotation marks at the end of line 19 of page 3.
By striking in their entirety lines 20 and 21 on page 3, which read as follows:
"Section 2. No instruction pursuant to this Code section shall encourage violation of Georgia law.",
and inserting in lieu thereof immediately below line 19 of page 3 the following:
"(f) No instruction pursuant to this Code section shall encourage violation of Georgia law.
(g) Nothing in this Code section shall preclude the teaching of pregnancy prevention and the prevention of sexually transmitted diseases.'"
By striking from line 22 on page 3 the following:
"Section 3.",
and inserting in lieu thereof the following:
"Section 2."
Representative Byrd of the 153rd moved that the House agree to the Senate amend ment to HB 1837.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Ashe 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 Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings.B E Cummings.M Y Davis.D 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 E Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J
Y Heard Y Henson
N Herbert 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
Lane.D
Y Lane.R Y Langford
Y Lawrence Y Lawson
YLee
YLong YLord Y Lucas YMann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam
On the motion, the ayes were 156, nays 2. The motion prevailed.
Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter
Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper
Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
MONDAY, MARCH 30, 1992
4001
HB 1482.
By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th and others:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Anno tated, relating to capital outlay funds in general, so as to provide for excep tions; to provide for notice and a public hearing regarding a reorganization or consolidation plan.
The following Senate substitute was read:
A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, the "Quality Basic Education Act," so as to provide an alternative method of( calcu lating the local fair share for county and independent school systems in certain circumstances; to change the calculation of equalization grants to local school systems; to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, so as to provide for notice and a public hearing regarding a reorga nization or consolidation plan; to provide a practice and procedure for filing opposition to a plan; to provide for mediation; to provide for reports; to provide a limit for funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, the "Quality Basic Education Act," is amended by striking in its entirety subsection (a) of Code Section 20-2-164, relating to local fair share funds, and inserting in lieu thereof the following:
"(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 Ae local fetf share lor 8ny iocfli sciiooi system sriflii not exceed) tor tiscfli yeftf lyyz only, ~ro percent or trie amount calculated pursuant te paragraph (i) ef subsection {a) ef Code Section 20-2-166.
system sncill not exceed tne dmou'iit CQ.Icu1&ted pursu&nt to suosection \c/ of v/ocre occ~ tien 20-2-161. T-he as follows:
(1) Unless the combined fair share total for all local school systems in the state, when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, Middle School Incentive Grants, and Special Instructional Assistance Program Grants combined for all local school systems, the amount of each local school system's local fair share shall be calculated as follows:
fB (A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursu ant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the dif ference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
(3) (B) From the amount calculated in paragraph (i) subparagraph (A) of this subsection paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and
{3) (C) Multiply the remainder calculated in paragraph (2) subparagraph (B) of this subsection paragraph by .005. (2) If the combined fair share total for all local school systems in this state, when calculated pursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, Middle School Incentive Grants, and Special Instruc tional Assistance Program Grants combined for all local systems, then the amount of each local system's fair share shall be calculated as follows:
(A) Multiply the total amount of Quality Basic Education Formula amounts to be expended for all local school systems combined, as calculated for each local
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JOURNAL OF THE HOUSE,
school system pursuant to Code Section 20-2-161, Middle School Incentive Grants, and Special Instructional Assistance Program Grants combined for all local systems by .2]
(B) Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local fair share amounts for all local school systems in this state as calcu lated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection;
(C) Multiply the amount calculated in subparagraph (B) of this paragraph by .005; and
(D) Multiply the product calculated in subparagraph (C) of this paragraph by the remainder calculated in subparagraph (B) of paragraph (1) of this subsection."
Section 2. Said article is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 20-2-165, relating to equalization grants, and inserting in lieu thereof the following:
\o) ouDtrsct til mill&^c Pfltc Qpplicci to c&lculfltc tnc locfll HUP snflpc pufsu&nt TO subsection {a} ef- Code Section 20-2 464 five from the effective millage rate for the local school system and use the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized;".
Section 3. Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, is amended by adding immediately following subsection (k) a new subsection (k.l) to read as follows:
"(k.l) Prior to a local board of education's submitting an advanced incentive funding request to the State Department of Education for State Board of Education approval under subsections (i) and (j) of this Code section, the local board of education shall con duct the following:
(1) The board of education must schedule and hold at least two public hearings and provide an opportunity for full discussion of the local board of education's consol idation or reorganization plan;
(2) The public hearings shall be advertised in the official newspaper and shall include, but shall not be limited to:
(A) Identification of each school to be closed and location of each new school; (B) Proposed size of each new school in terms of number of students and grade configuration; (C) Proposed renovations, modernization, retrofitting, or expansion of existing schools designed to accommodate consolidation; (D) Total estimated cost, including breakdown for state and local shares, and for school construction projects resulting from consolidation. Local estimated costs shall include identifying proposed sources of funds, whether from bond referendum pro ceeds or other sources; (E) Plans for use or disposal of closed school property; (F) The impact alternative options would have on the system's planned curricu lum and programs; (G) The options in the school size and organization study; and (H) The financial impact of the options on all schools; (3) The board of education shall request formal, written comments or suggestions regarding the system's organizational pattern or school sizes and shall allow appropri ate discussion during the public hearings; (4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within that sys tem. A petition with the signature of at least 30 percent of the qualified, registered voters within any system's jurisdiction must be filed with the board of education within 60 days after the notice of intent to file a petition has been received by the board. The signatures on the petition must be validated against the official list of reg istered voters; and
MONDAY, MARCH 30, 1992
4003
(5) The local board of education and the petitioners shall meet to resolve differ ences. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in the affected schools. The chairman of the local board of education shall notify the petitioners of the date, time, and place for meeting to address their differences. The local board of education shall render a final decision on petition within 60 days from the initial meeting to discuss differences."
Section 4. Said Code section is further amended by adding a new subsection to read as follows:
"(p) Any system which has not submitted a plan for consolidation or reorganization of schools to the State Board of Education by July 1, 1992, shall not be allowed to request state funds under subsections (i) and (j) of this Code section."
Section 5. Nothing contained in this Act shall affect any payment or allocation to any Board of Education of a local system as a result of bond proceeds authorized and sold under the provisions of House Bill 1262, Supplemental Appropriations Bill, passed on Feb ruary 10, 1992 and payment shall be made to said Boards of Education as provided for in said House Bill 1262.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Thomas of the 69th moved that the House disagree to the Senate sub stitute to HB 1482.
The motion prevailed.
HB 1490. By Representatives Hamilton of the 124th, Thomas of the 69th, Kilgore of the 42nd and Walker of the 115th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide that certain expense and per diem provisions, organizational requirements, and certification and classification requirements apply to all local school superin tendents of county and independent school systems.
The following Senate substitute was read:
A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that certain expense and per diem provisions, organizational requirements, and certification and classification requirements apply to all local school superintendents of county and independent school systems; to pro vide for additional powers of local boards of education; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official. Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking subsection (a) of Code Sec tion 20-2-55, relating to per diem expenses of school board members, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In any county for which no local Act is passed, members of the county local board shall, when approved by the county local board affected, receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county local school superintendent. In
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JOURNAL OF THE HOUSE,
all counties the compensation of members of county local boards shall be paid only from the local tax funds available to county local boards for educational purposes."
Section 2. Said chapter is further amended by striking subsection (a) of Code Sec tion 20-2-57, relating to organization of boards of education, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Upon being called together by one of their number, the members of the eeanty local board shall organize by selecting one of their number as chairman, who, unless oth erwise provided by local law or, in the absence of local law, by local board policy, shall serve as such during the term for which he was chosen as a member of the county local board. The county local school superintendent shall act as secretary of the county local board, ex officio. A majority of the county local board shall constitute a quorum for the transaction of business. It shall be the duty of the superintendent as secretary to be present at the meetings of the county local board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct him to do. He shall record in a book, to be provided for the purpose, all official proceed ings of the county local board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairman and countersigned by the secretary."
Section 3. Said chapter is further amended by adding at the end of Article 3 thereof a new Code Section 20-2-64 to read as follows:
"20-2-64. (a) Each local board of education is authorized to establish and maintain one or more funds or trusts for the purposes specified in this Code section and to desig nate one or more fund managers or trustees thereof. Each local board of education shall be deemed to be a person for the purposes of Chapter 12 of Title 53, known as the 'Georgia Trust Act,' and may take any action which a natural person would be autho rized to take and shall be subject to any duty imposed upon a natural person by the provisions of such chapter, except as provided in this Code section.
(b) A local board of education shall appoint one or more managers or trustees for any separate fund or trust, respectively, created pursuant to the authority of this Code section and shall not act as trustee or manager of such a trust or fund.
(c) A local board of education is authorized to accept and pay over to or place in such trust or fund any gifts, grants, bequests, and transfers of real or personal property and money made for the furtherance of such trust's or fund's purposes, as set forth in subsection (d) of this Code section. No funds or property of the local board of education derived from tax revenues or state grants or appropriations shall be placed in any such trust or fund or expended for the administration of such trust or fund.
(d) Trust or fund property and the income therefrom may be expended, unless oth erwise restricted by the donor thereof, for:
(1) Scholarships, grants, loans, and other educational assistance programs for stu dents or graduates, or both, of the school system;
(2) Matching any matching grant given to such trust or fund or to the local board of education;
(3) Any purpose specified by the donor of such trust property, unless limited by subsection (e) of this Code section;
(4) Any other educational purpose; or (5) The cost of administering the trust. (e) Any such trust or fund shall be established under such further terms and condi tions as may be deemed appropriate by the local board of education from time to time to the extent consistent with the uses of funds and purposes described in subsection (d) of this Code section. The local board of education, manager, or trustee may refuse to accept any gift, grant, bequest, or transfer which: (1) Contains any condition, restriction, or limitation that may jeopardize the tax exempt status of such trust or fund for federal or state income tax purposes; (2) Would cause the trust or fund to be treated as a private foundation under Sec tion 509 or any corresponding provision of the Internal Revenue Code, as amended; or
MONDAY, MARCH 30, 1992
4005
(3) Contains any condition, restriction, or limitation deemed by the local board of education, fund manager, or trustee to be inconsistent with the purposes, terms, or conditions of such fund or trust."
Section 4. Said chapter is further amended by striking Code Section 20-2-108, relat ing to certification and classification of school superintendents, in its entirety and inserting in lieu thereof a new Code Section 20-2-108 to read as follows:
"20-2-108. Each county local school superintendent shall be certified and classified by the Professional Standards Commission as teachers are now classified and certified under Code Section 20-2-282. The superintendents shall receive salaries according to a schedule of minimum salaries fixed by the state board based on classification and certifi cation 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 local board of education shall allow additional compensation for the services to be rendered as may be in its judgment proper and just."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Thomas of the 69th moved that the House agree to the Senate substi tute to HB 1490.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Y Aiken Alford
Y Ashe 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 Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B E Cummings,M Y Davis.D 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 E Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner Y Harris.B
Harris.J
Y Heard Y Henson Y Herbert Y Holland
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
Long YLord Y Lucas YMann Y Martin
Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
On the motion, the ayes were 157, nays 0. The motion prevailed.
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 Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley 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 YSnow
Y Standl.F Y Stancil.S Y Stanley 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 Watson
Y Watts White
Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr
4006
JOURNAL OF THE HOUSE,
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 1312.
By Representative Murphy of the 18th:
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 clarify the eligibility of preschool age children for assistance; to provide that immunization of a preschool age dependent child shall be required for the receipt of assistance.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1637.
By Representatives Barfoot of the 120th, Porter of the 119th, Canty of the 38th, Coleman of the 118th and Moody of the 153rd:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to licensing of auctioneers, and to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of used motor vehicle dealers, so as to provide that consumers who purchase used motor vehicles from a licensed auctioneer may recover from the auctioneers education, research, and recovery fund.
The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:
SB 489. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to implied consent; to provide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibi tion against driving under the influence of alcohol.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
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.
The President has appointed on the part of the Senate the following:
Senators Kidd of the 25th, Walker of the 43rd and Brown of the 26th.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
MONDAY, MARCH 30, 1992
4007
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.
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 256. By Senators Langford of the 35th and Walker of the 43rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions with regard to labor and industrial rela tions, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer.
The following substitute, offered by Representative Reaves of the 147th, was read:
A BILL
To change provisions of law relating to lawful and unlawful use of certain products, including but not limited to cigarettes and tobacco; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and mor als, so as to change the age limits for minors involved in certain prohibited sales transac tions relating to cigarettes, smokeless tobacco, and tobacco related objects; to change the definition and elements of certain prohibited transactions involving cigarettes or tobacco related objects and minors; to prohibit the sale of cigarettes and tobacco products in vend ing machines except on certain premises; to prohibit certain free distribution of cigarettes and tobacco related objects; to amend Article 4 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to limited-access roads, so as to remove authorization for the sale of cigarettes in vending machines in safety rest areas; to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to refuse to hire, discharge, or penalize an employee for using lawful products off the premises of the employer during nonworking hours; to provide for liability of the employer; to provide exceptions; to provide for effect with respect to insurance benefits; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, so as to provide for enforcement of certain vending machine restrictions by the Department of Revenue; to declare unlawfully located vending machines to be contraband; to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to remove authorization for the sale of cigarettes in vending machines; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking Article 7 thereof, pro hibiting certain transactions involving cigarettes and tobacco related objects, and inserting in its place a new article to read as follows:
"ARTICLE 7
16-12-170. As used in this article, the term:
4008
JOURNAL OF THE HOUSE,
(1) 'Cigarettes' means any type ef tobacco er tobacco product roll for smoking made wholly or in part of tobacco, when the cover of the roll is paper or any sub stance other than tobacco.
(2) 'Community service' means a public service which a minor might appropriately be required to perform, as determined by the court, as punishment for certain offenses provided for in this article.
(3) 'Minor' means any person who is under the age of W 18 years. (4) 'Person' means any natural person or any firm, partnership, company, corpora tion, or other entity. (5) 'Proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth certificate.
(6) 'Smokeless tobacco' means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.
46} (7) 'Tobacco related objects' means any papers, wrappers, or other products, devices, or substances which are used for the purpose of making cigarettes or tobacco in any form whatsoever. 16-12-171. (a) (1) It shall be unlawful for any person knowingly to:
(A) Sellj barter, or distribute without consideration, directly or indirectly, any cigarettes2 smokeless tobacco, or tobacco related objects to a minor;
(B) Purchase any cigarettes^ smokeless tobacco, or tobacco related objects for any minor unless the minor for whom the purchase is made is the child of the pur chaser; or
(C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigaretteSj smokeless tobacco, or tobacco related objects. (2) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettesz smokeless tobacco, or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes^ smokeless tobacco, or tobacco related objects are sold is 17 18 years of age or older. (3) Any person who violates this subsection shall be guilty of a misdemeanor! p?evidcd, however, for a f-isst offcnsc the sentence shall be suspended. (b) (1) It shall be unlawful for any minor to:
(A) Purchase any cigarettes2 smokeless tobacco, or tobacco related objects; or (B) Misrepresent such minor's identity or age or use any false identification for the purpose of purchasing or procuring any cigaretteSj smokeless tobacco, or tobacco related objects. (2) A minor who commits an offense provided for in paragraph (1) of this subsec tion may be punished as follows: (A) By requiring the performance of community service not exceeding 20 hours; (B) By requiring attendance at a publicly or privately sponsored lecture er discussion on the health hazards of smoking or tobacco use, provided such lecture er discussion is offered without charge to the minor; or
(C) By a combination of the punishments described in subparagraphs (A) and (B) of this paragraph.
16-12-172. (a) Any person owning or operating a place of business in which cigaretteSj smokeless tobacco, or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement:
'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS SMOKELESS TOBACCO, OR TOBACCO RELATED OBJECTS TO PERSONS UNDER W 18 YEARS OF AGE IS PROHIBITED BY LAW.'
Such sign shall be printed in letters of at least one-half inch in height.
(b) Any person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor.
MONDAY, MARCH 30, 1992
4009
16-12-173. i*)--Any person who maintains in auch person's place of business vendtn^j m&cninc wtiicii dispenses ci^ftrettos OP louftcco rdfttcd o ejects snftii piftce OP cfluse to i&e plsced tR ft conspicuous pifice oft SUCH vending mflciiinc & si^n contsining cfte" rotTM lowing statement:
i^PHE PURCHASE OP CIGARETTES OR TOBACCO RELATED OBJECTS FROM 5WIS VENDING MACHINE B AN PERSON UNDER W YEARS OF AGE IS PROHIBITED BY- LAW.' \Oj--Any person wno ffttrs to comply witli t'fte requirements of suDscction (,&) of in is
sentence shall be a fine net to exceed $300.00. (a) For the purpose of preventing the purchase of cigarettes by minors, the sale of
cigarettes in vending machines shall be prohibited in this state, except that cigarettes may lawfully be sold only in vending machines which are:
(1) Located in: (A) factories, businesses, offices, and other places not open to the general public; (B) places open to the general public to which persons under the age of 18 are not admitted; or (C) places where alcoholic beverages are offered for sale; and
(2) Located on such premises in an area that is in plain view and in control of a responsible employee when such employee is in the vicinity and js not otherwise occu pied. (b) Enforcement and implementation of the provisions of subsection (a) of this Code section shall be as provided for in Chapter 11 of Title 48. (c) It shall be a violation of subsection (a) of Code Section 16-12-171 for any person knowingly to allow a minor to operate a vending machine which dispenses cigarettes or tobacco related objects. (d) The offenses provided for by paragraph (1) of subsection (b) of Code Section 16-12-171 shall apply to the operation by a minor of a vending machine which dispenses cigarettes or tobacco related objects. 16-12-174. (a) No person shall, in the course of doing business, distribute any free cigarettes, smokeless tobacco, or tobacco related objects to any person on or in any pub lic street, public sidewalk, public park, or public playground, except that free cigarettes, smokeless tobacco, or tobacco related objects may be distributed at a tobacco store, a convention or conference catering to adults, or an area to which persons under the age of 18 are denied admission; provided, however, this Code section shall not apply to the distribution of smokeless tobacco products to adults at locations adjacent to factories, warehouses, wholesale distribution facilities, or construction sites. (b) Any person who violates subsection (a) of this Code section shall, upon convic tion, be guilty of a misdemeanor and punished by a fine of not less than $250.00 for each violation."
Section 2. Article 4 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to limited-access roads, is amended by striking Code Section 32-6-116, relat ing to vending machines on the state highway system, and inserting in its place a new Code section to read as follows:
"32-6-116. The department is authorized to install or provide for the installation of and to operate or provide for the operation of vending machines in safety rest areas con structed on or located on the rights of way of the state highway system. The vending machines may dispense nonalcoholic beverages, snacks, candy, cigarettes, and other arti cles except cigarettes as determined by the department to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products shall approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the department."
Section 3. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, is amended by adding at the end thereof a new Code Section 34-1-4 to read as follows:
"34-1-4. (a) It shall be unlawful for any employer or the agent of such employer to refuse to hire any individual or to discharge any employee or otherwise to disadvantage
4010
JOURNAL OF THE HOUSE,
or penalize any employee with respect to compensation, terms, conditions, or privileges of employment solely because such individual uses tobacco products off the premises of the employer during nonworking hours.
(b) Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured individual or employee for reinstatement and back pay only.
(c) This Code section shall not apply with respect to an employer which is a non profit organization which, as one of its primary purposes or objectives, discourages the use of one or more tobacco products by the general public.
(d) This Code section shall not apply with respect to the use of tobacco products which use impairs an employee's ability to perform the employee's assigned duties.
(e) This Code section shall not prohibit an employer from offering, imposing, or hav ing in effect a health, disability, or life insurance policy which makes distinctions between employees for type of coverage or price of coverage based upon the employee's use of tobacco products, provided that:
(1) Any differential premium rates charged to employees must reflect differential costs to the employer; and
(2) The employer must provide employees with a statement delineating the differ ential rates used by its insurance carriers."
Section 4. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, is amended in Code Section 48-11-4, relating to licensing, by striking subsection (d) and inserting in its place a new subsection (d) of Code Section 48-11-4 to read as follows:
"(d) The commissioner may shall make rules and regulations governing the sale of cigars and cigarettes in vending machines. Such rules and regulations shall provide that such vending machines may only be located on premises as specified in subsection (a) of Code Section 16-12-173. The commissioner may shall require annually a special regis tration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $1.00 for each machine. The registration of each vending machine shall reflect the fact that it may only be located as specified in subsec tion (a) of Code Section 16-12-173. No vending machine shall be purchased or trans ported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that cigars and cigarettes contained in the machine bear the tax stamp required under this chapter."
Section 5. Said Chapter 11 of Title 48 is further amended in Code Section 48-11-9, relating to contraband, by striking subsection (d) and inserting in its place a new subsec tion (d) of Code Section 48-11-9 to read as follows:
"(d) Any vending machine containing or dispensing any cigarettes which do not bear the tax stamps required under this chapter or containing or dispensing any cigars upon which the tax has not been paid either through the purchase of stamps or the alternate procedure provided by the commissioner as required under this chapter shall be a con traband article. Any vending machine containing or dispensing cigarettes which is found to be in violation of subsection (a) of Code Section 16-12-173 shall likewise be a contra band article. The commissioner may seize any such contraband machine and deal with it in the same manner as provided by law for the seizure and sale of unstamped ciga rettes and nontax-paid cigars."
Section 6. Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry, Trade, and Tourism, is amended in Code Section 50-7-12, relating to welcome centers, by striking subsection (c) and inserting in its place a new subsection (c) of Code Section 50-7-12 to read as follows:
"(c) The Department of Industry, Trade, and Tourism, with the concurrence of the Department of Transportation, is further authorized to install or provide for the installa tion of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes, and other articles
MONDAY, MARCH 30, 1992
4011
except cigarettes as determined by the Department of Industry, Trade, and Tourism to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for simi lar items so as not to compete unfairly with private enterprise, such prices to be set by the Department of Industry, Trade, and Tourism. The Department of Industry, Trade, and Tourism is also authorized to provide for the sale or free distribution of articles and merchandise at the welcome centers in such manner as is deemed to be in the best inter est of promoting the tourist trade in this state."
Section 7. Said Article 1 of Chapter 7 of Title 50 is further amended by striking Code Section 50-7-13, relating to revenue from vending machine sales, and inserting in its place a new Code section to read as follows:
"50-7-13. Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic bcvcragca, snacks, candy, cigarettes, and other articles law ful articles from vending machines at welcome centers and tourist centers shall be uti lized by the Department of Industry, Trade, and Tourism to offset the cost of maintenance of all welcome centers and tourist centers and litter pickup in these areas. Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes, and ether articles lawful articles from vending machines at safety rest areas shall be utilized by the Department of Transporta tion to offset the cost of maintenance of all safety rest areas and litter pickup in these areas."
Section 8. Said Article 1 of Chapter 7 of Title 50 is further amended in Code Section 50-7-14, relating to tourist centers near residences of former Presidents, by striking subsec tion (c) and inserting in its place a new subsection (c) of Code Section 50-7-14 to read as follows:
"(c) The Department of Industry, Trade, and Tourism is further authorized to pro vide space for other commercial or noncommercial projects in the center and allow the persons to sell or provide such articles or services as may be prescribed in the lease, con tract, franchise, or other arrangement, as determined by the department. The Depart ment of Industry, Trade, and Tourism shall regulate the sale or free distribution of such articles, merchandise, and services by other persons at the center in the manner it deems to be in the best interest of promoting tourist trade in this state and otherwise further ing the purposes for which the center is created. The Department of Industry, Trade, and Tourism is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes, and other articles except cigarettes as determined by the Department of Industry, Trade, and Tourism to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the department."
Section 9. This Act shall become effective July 1, 1992, except that no criminal pen alty or forfeiture shall apply with respect to the unlawful location of a vending machine until on and after October 1, 1992.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Pinholster of the 8th moves to amend the Floor substitute to SB 256 by inserting on line 2 of page 8 after the word and symbol "hours." the following:
"The term 'employer' means any person who employs five or more people.".
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
4012
JOURNAL OF THE HOUSE,
Abernathy Y Adams
Y Aiken
N Alford
Y Ashe Y Atkins N Baker Y Balkcom N Barfoot N Bargeron
N Barnett.B
N Barnett.M Y Bates Y Beatty N Benefield N Birdsong
N Blitch Y Bordeaux N Bostick N Branch
Y Breedlove
Brooks
N Brown
Y Brush Y Buck Y Buckner
N Byrd
Y Campbell Y Canty N Carrell N Carter Y Cauthorn
N Chafin N Chambless Y Cheeks N Childers
Y Clark.E
Y Clark.L Coker
N Coleman Colwell
N Connell Y Culbreth N Cummings,B
E Cummings,M Y Davis.D N Davis.G Y Davis.M N Dixon.H Y Dixon.S
Dobbs N Dover
Y Dunn Edwards
Y Elliott Y Felton
Fennel Y Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden
Y Goodwin E Green
Greene
Y Griffin
N Groover
E Hamilton
Hammond
Manner N Harris.B Y Harris.J
Y Heard N Henson
Herbert N Holland Y Holmes
Howard
N Hudson
Irwin
Jackson
Jamieson Jenkins Y Jones N Kilgore King Y Kingston Y Klein YLadd N Lane.D
N Lane.R Y Langford Y Lawrence Y Lawson NLee N Long YLord N Lucas
YMann
Y Martin
Y McBee N McCoy N McKelvey N McKinney.B
McKinney,C Y Meadows N Merritt
Milam
N Mills N Mobley N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham
N Parrish
N Patten Pelote
Y Perry Pettit
Y Pinholster N Pinkston
YPoag Y Porter Y Poston N Powell.A N Powell.C Y Presley Y Purcell
N Randall NRay
N Reaves
Redding
Y Ricketson
N Royal
Selman Y Sherrill
Simpson N Sinkfield
On the adoption of the amendment, the ayes were 76, nays 73. The amendment was adopted.
N Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil.S
N Stanley N Streat Y Taylor Y Teper Y Thomas.C N Thomas.M
N Thomas.N N Thurmond
N Titus Y Tolbert N Townsend N Turnquest
Twiggs N Valenti
Y Vaughan N Walker,J N Walker.L
N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams.J Y Williams.R N Yeargin
Murphy.Spkr
Representative Fennel of the 155th 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.
The following amendment was read:
Representative Smith of the 78th moves to amend the Floor Substitute to SB 256 as follows:
On page 7 lines 28 and 29 strike the words "to refuse to hire any individual or".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins N Baker N Balkcom
Barfoot Y Bargeron N Barnett.B N Barnett.M Y Bates Y Beatty N Benefield
Y Birdsong N Blitch Y Bordeaux N Bostick N Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner NByrd Y Campbell Y Canty N Carrell
N Carter
Y Cauthorn N Chafin
Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
N Coleman
Colwell N Connell Y Culbreth Y Cummings.B E Cummings.M
Y Davis.D N Davis.G Y Davis.M N Dixon.H
Y Dixon.S Dobbs
Y Dover
YDunn Edwards
Y Elliott Y Felton
Fennel Y Floyd.J.M N Floyd.J.W
Y Flynt
N Godbee N Golden Y Goodwin
E Green
N Greene
Y Griffin
Y Groover
E Hamilton N Hammond
Hanner N Harris.B Y Harris.J
Y Heard Y Henson Y Herbert
MONDAY, MARCH 30, 1992
4013
N Holland N Holmes
Howard N Hudson
Irwin
Y Jackson Y Jamieson
N Jenkins Y Jones N Kilgore
N King
Y Kingston Y Klein YLadd N Lane.D
N Lane.R Y Langford Y Lawrence Y Lawson NLee N Long
N Lord
N Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey N McKinney.B
McKinney.C N Meadows
Y Merritt Milam
N Mills
Y Mobley N Moody Y Morsberger
N Moultrie Y Mueller
N Oliver.C
Y Oliver.M
YOrr
N Orrock N Padgett
Y Parham N Parrish N Patten
Pelote
Y Perry
Pettit
Y Pinholster
N Pinkston
YPoag Y Porter
Y Poston Y Powell,A N Powell.C Y Presley Y Purcell N Randall NRay N Reaves
Redding
Y Ricketson N Royal
Selman Y Sherrill N Simpson N Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Y Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat Y Taylor
Y Teper Y Thomas.C N Thomas.M
N Thomas.N
N Thurmond Titus
Y Tolbert
Y Townsend N Turnquest Y Twiggs N Valenti
Y Vaughan N Walker.J N Walker.L N Wall N Watson
Watts N White
Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 88, nays 67. The amendment was adopted.
Representative Fennel of the 155th 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 Reaves of the 147th moved that the House reconsider its action in giv ing the requisite constitutional majority to the Pinholster amendment to SB 256.
On the motion,the roll call was ordered and the vote was as follows:
Y Abernathy N Adams N Aiken N Alford N Ashe N Atkins Y Baker Y Balkcom
Barfoot
Y Bargeron
Y Barnett.B
Y Barnett.M
N Bates Y Beatty Y Benefield
Y Birdsong
Y Blitch N Bordeaux Y Bostick Y Branch N Breedlove
Brooks N Brown
N Brush
NBuck
N Buckner
YByrd N Campbell N Canty
N Carrell
Y Carter N Cauthorn Y Chafin
Chambless N Cheeks Y Childers
N Clark ,E Clark.L
N Coker Y Coleman
Colwell Y Connell N Culbreth Y Cummings,B E Cummings,M
N Davis.D Y Davis.G N Davis.M
Y Dixon.H
N Dixon.S
Dobbs
Y Dover
N Dunn
Y Edwards
N Elliott
N Felton Fennel
N Floyd,J.M Y Floyd,J.W
N Flynt
Y Godbee
Y Golden Y Goodwin E Green Y Greene N Griffin N Groover E Hamilton N Hammond
Hanner Y Harris.B N Harris,J
N Heard N Henson N Herbert Y Holland
Y Holmes
Howard
Y Hudson
Y Irwin N Jackson
Jamieson Y Jenkins N Jones Y Kilgore YKing N Kingston N Klein NLadd
N Lane.D
N Lane.R
N Langford
N Lawrence N Lawson
Y Lee
YLong
Y Lord
Y Lucas N Mann N Martin Y McBee N McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam
On the motion, the ayes were 81, nays 76.
Y Mills
N Mobley
Moody
N Morsberger N Moultrie N Mueller Y Oliver.C N Oliver.M NOrr
Y Orrock
N Padgett
Y Parham
Y Parrish Y Patten
Pelote
N Perry Pettit
N Pinholster Y Pinkston N Poag N Porter Y Poston Y Powell,A Y Powell.C N Presley N Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman
N Sherrill Y Simpson Y Sinkfield
Y Skipper N Smith.L N Smith.P
Smith.T N Smith.W
Y Smyre
N Snow Y Stancil.F N Stancil.S Y Stanley Y Streat N Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus
N Tolbert
N Townsend
N Turnquest
Y Twiggs Y Valenti
N Vaughan
Y Walker.J
Y Walker.L Y Wall Y Watson Y Watts Y White
N Wilder N Williams.B
Williams.J N Williams.R Y Yeargin
Murphy.Spkr
4014
JOURNAL OF THE HOUSE,
The motion prevailed.
Representative Reaves of the 147th moved that the House reconsider its action in giv ing the requisite constitutional majority to the Smith amendment to SB 256.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams N Aiken N Alford N Ashe N Atkins Y Baker Y Balkcom
Barfoot
Y Bargeron Barnett.B
Y Barnett.M N Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove
Brooks N Brown N Brush NBuck N Buckner
YByrd N Campbell N Canty Y Carrell Y Carter N Cauthorn
Y Chafin Chambless
N Cheeks N Childers
N Clark,E N Clark.L
Coker Y Coleman
Colvrell Y Connell
N Culbreth Y Cummings.B E Cummings.M N Davis.D Y Davis.G N Davis,M Y Dixon,H N Dixon,S N Dobbs N Dover N Dunn Y Edwards N Elliott N Felton
Fennel N Floyd,J.M Y Floyd,J.W N Flynt YGodbee
Y Golden Y Goodwin E Green Y Greene N Griffin N Groover E Hamilton N Hammond
Manner Y Harris.B Y Harris,J
N Heard N Henson N Herbert Y Holland Y Holmes
Howard Y Hudson
NIrwin N Jackson
N Jamieson Y Jenkins N Jones Y Kilgore YKing N Kingston
N Klein NLadd Y Lane,D N Lane,R N Langford N Lawrence N Lawson
YLee YLong YLord Y Lucas NMann N Martin N McBee N McCoy N McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt N Milam
On the motion, the ayes were 72, nays 83. The motion was lost.
Mills N Mobley
Moody N Morsberger Y Moultrie N Mueller Y Oliver.C N Oliver.M NOrr Y Orrock
N Padgett Par ham
Y Parrish Y Patten
Pelote N Perry
Pettit N Pinholster Y Pinkston NPoag N Porter N Poston Y Powell.A
Y Powell.C N Presley N Purcell Y Randall
YRay Y Reaves
Redding N Ricketson
Y Royal Selman
N Sherrill Y Simpson Y Sinkfield
N Skipper N Smith.L N Smith.P
Smith.T N Smith, W Y Smyre NSnow N Stancil.F N Stancil.S
Y Stanley Y Streat N Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus N Tolbert N Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker,J Y Walker.L
Y Wall Y Watson
Watts Y White N Wilder
N Williams.B Williams,J
N Williams.R Y Yeargin
Murphy,Spkr
The following amendment was read:
Representative Ladd of the 44th moves to amend the Floor substitute to SB 256 as follows:
Page 8, line 28 add the following:
(f) As used in this section, the term "employer" means any person who employs five or more people.
On the adoption of the Ladd amendment, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams
Y Aiken N Alford Y Ashe Y 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 Y Bordeaux N Bostick N Branch Y Breedlove
Brooks Brown Y Brush
YBuck Y Buckner NByrd Y Campbell Y Canty N Carrell
N Carter Y Cauthorn
N Chafin Chambless
Y Cheeks N Childers Y Clark.E Y Clark.L
Coker N Coleman
MONDAY, MARCH 30, 1992
4015
Colwell N Connell Y Culbreth N Cummings.B E Cummings.M Y Davis.D N Davis.G Y Davis.M N Dixon.H Y Dixon.S
Dobbs N Dover Y Dunn N Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M N Floyd.J.W
Y Flynt N Godbee N Golden Y Goodwin E Green N Greene Y Griffin Y Groover E Hamilton
Y Hammond N Hanner N Harris,B Y Harris.J Y Heard Y Henson Y Herbert N Holland N Holmes
Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins Y Jones N Kilgore N King Y Kingston Y Klein YLadd N Lane.D
Lane.R Y Langford Y Lawrence Y Lawson NLee NLong
NLord N Lucas YMann Y Martin N McBee Y McCoy N McKelvey N McKinney.B Y McKinney.C N Meadows N Merritt Y Milam N Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr N Orrock Y Padgett Y Parham N Parrish N Patten
Pelote Y Perry
Pettit Y Pinholster N Pinkston YPoag Y Porter N Poston N Powell.A N Powell.C Y Presley Y Purcell N Randall NRay N Reaves
Redding Y Ricketson N Royal
Selman Y Sherrill N Simpson N Sinkfield N Skipper Y Smith.L Y Smith,?
Smith.T Y Smith, W Y Smyre Y Snow N Stancil.F
On the adoption of the amendment, the ayes were 74, nays 84. The amendment was lost.
Y Stancil.S N Stanley 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
Twiggs N Valenti Y Vaughan N Walker.J N Walker.L N Wall N Watson
Watts N White Y Wilder Y Williams,B
Williams.J Y Williams.R N Yeargin
Murphy,Spkr
Representative Fennel of the 155th 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.
The following amendment was read and adopted:
Representative Buckner of the 72nd moves to amend the Floor substitute to SB 256 as follows:
Page 3 delete lines 24-27 Section B and renumber appropriately.
The following amendment was read:
Representative Aiken of the 21st moves to amend the Floor substitute to SB 256 as follows:
By striking Section 3, page 8 - top of page lines 1 thru 4 and adding a new Section (d) to read as follows:
(d) This Code section shall not apply with respect to an employer who is a healthcare provider regardless of whether said provider is a for profit or not for profit organization.
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 Y Ashe Y 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 Y Bordeaux
N Bostick N Branch Y Breedlove
Brooks N Brown Y Brush
NBuck Y Buckner NByrd Y Campbell
N Canty Y Carrell
4016
JOURNAL OF THE HOUSE,
N Carter Y Cauthorn N Chafin
Chambless Y Cheeks N Childers
Y Clark.E
Y Clark.L Y Coker
N Coleman
Colwell
N Connell
Y Culbreth N Cummings,B
E Cummings,M
Y Davis.D N Davis.G Y Davis.M
N Dixon.H
Dixon.S Y Dobbs N Dover Y Dunn N Edwards Y Elliott Y Felton
Fennel Floyd,J.M N Floyd,J.W
N Flynt
N Godbee
N Golden Y Goodwin
E Green N Greene Y Griffin N Groover E Hamilton Y Hammond N Hanner N Harris.B N Harris.J Y Heard Y Henson Y Herbert N Holland N Holmes
Howard N Hudson N Irwin Y Jackson Y Jamieson N Jenkins Y Jones N Kilgore NKing
Y Kingston
Y Klein
YLadd
N Lane.D
N Lane.R Y Langford Y Lawrence Y Lawson NLee N Long NLord N Lucas YMann Y Martin Y McBee Y McCoy N McKelvey N McKinney.B
McKinney.C
N Meadows N Merritt Y Milam N Mills N Mobley N Moody Y Morsberger N Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr
N Orrock
Y Padgett
N Parham
N Parrish N Patten
Pelote Y Perry
Pettit Y Pinholster
N Pinkston
NPoag Y Porter N Poston N Powell.A
N Powell.C N Presley
Purcell
N Randall NRay N Reaves
Redding Y Ricketson N Royal
Selman Y Sherrill N Simpson N Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
On the adoption of the amendment, the ayes were 69, nays 90. The amendment was lost.
YSnow N Stancil.F Y Stancil,S N Stanley N Streat Y Taylor Y Teper Y Thomas.C N Thomas.M N Thomas.N N Thurmond
Titus Y Tolbert Y Townsend N Turnquest N Twiggs N Valenti Y Vaughan N Walker,J N Walker.L
N Wall N Watson
Watts N White Y Wilder Y Williams.B
Williams,J Y Williams.R N Yeargin
Murphy.Spkr
The Floor substitute, as amended, was adopted.
Representative Fennel of the 155th 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.
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:
Y Abernathy N Adams
N Aiken N Alford N Ashe N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
N Bates N Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux
Y Bostick Y Branch N Breedlove
Brooks N Brown N Brush
NBuck Y Buckner YByrd N Campbell N Canty Y Carrell
Y Carter N Cauthorn
N Chafin Y Chambless Y Cheeks Y Childers N Clark.E Y Clark,L
Y Coker Y Coleman
Colwell Y Connell N Culbreth N Cummings.B E Cummings.M N Davis.D Y Davis.G N Davis.M
Y Dixon.H N Dixon.S N Dobbs Y Dover
NDunn Y Edwards
N Elliott N Felton
Fennel N Floyd.J.M Y Floyd,J.W N Flynt Y Godbee
Y Golden N Goodwin E Green Y Greene N Griffin N Groover E Hamilton N Hammond Y Hanner N Harris.B N Harris.J
N Heard N Henson N Herbert Y Holland Y Holmes
Howard
Y Hudson Y Irwin N Jackson
Jamieson Y Jenkins
N Jones Y Kilgore YKing N Kingston N Klein NLadd N Lane.D N Lane.R Y Langford N Lawrence N Lawson YLee YLong
YLord Y Lucas N Mann N Martin
N McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt
N Milam Y Mills N Mobley Y Moody N Morsberger Y Moultrie
N Mueller Y Oliver.C N Oliver.M YOrr Y Orrock Y Padgett
Y Parham
Y Parrish Y Patten
Pelote Y Perry
Pettit N Pinholster Y Pinkston N Poag Y Porter Y Poston Y Powell.A Y Powell.C
MONDAY, MARCH 30, 1992
N Presley N Purcell Y Randall Y Ray Y Reaves
Redding N Ricketson Y Royal
Selman N Sherrill Y Simpson Y Sinkfield
Y Skipper N Smith.L N Smith.P
Smith.T N Smith.W Y Smyre Y Snow N Stancil.F N Stancil.S Y Stanley Y Streat N Taylor
N Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert N Townsend Y Turnquest
Twiggs Y Valenti N Vaughan
4017
Y Walker.J Y Walker.L Y Wall Y Watson
Watts Y White N 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 90, nays 72.
The Chair votes "aye".
The ayes were 91, nays 72. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representatives Smith of the 152nd and McKinney of the 40th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Fennel of the 155th 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.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
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.
Representative Thomas of the 69th moved that the House insist on its position in sub stituting SB 260.
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:
4018
JOURNAL OF THE HOUSE,
HB 1169.
By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Redding of the 50th, Teper of the 46th and others:
A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Anno tated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources with regard to the "Georgia Comprehensive Solid Waste Management Act," so as to provide that the director shall not permit a biomedical waste thermal treatment tech nology facility unless the applicant is able to show that a need exists for such facility.
HB 1068. By Representative Orrock of the 30th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide that a licensed clinical social worker is authorized to certify the need for involuntary emergency treatment of a per son who is mentally ill, mentally retarded, an alcoholic, a drug dependent individual, or a substance abuser.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1649.
By Representatives Baker of the 51st, Chambless of the 133rd, Oliver of the 53rd and Pettit of the 19th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for required qualification of foreign limited liability companies; to provide for a defini tion; to provide for the laws governing a foreign limited liability company.
The Senate has disagreed to the House substitute to the following Bill of the Senate:
SB 784. By Senators Foster of the 50th, Deal of the 49th, Hasty of the 51st and oth ers:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the dates of the initial enrollment count for purposes of determination of enroll ment by institution; to change the method of calculating the amount of cer tain funding.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1846. By Representatives Dobbs of the 74th, Hanner of the 131st, Lane of the lllth and Coleman of the 118th:
A bill to amend Code Section 43-51-3 of the Official Code of Georgia Anno tated, relating to the creation of the State Board of Examiners for Certifica tion of Water and Wastewater Treatment Plant Operators and Laboratory Analysts and related matters, so as to provide for an additional member of such board.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
MONDAY, MARCH 30, 1992
4019
HB 1519. By Representatives Oliver of the 53rd, Baker of the 51st and Porter of the 119th:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that if the Department of Human Resources is the petitioner, then no guard ian ad litem need be appointed; to provide for admissibility of blood tests.
The President has appointed on the part of the Senate the following:
Senators Deal of the 49th, Baldwin of the 29th and Steinberg of the 42nd.
The Senate has disagreed to the House amendments to the Senate substitute to the following Bill of the House:
HB 2069. By Representatives Padgett of the 86th, Williams of the 90th and others:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.
The Senate has disagreed to the House substitute to the following Bill of the Senate:
SB 256. By Senators Langford of the 35th and Walker of the 43rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions with regard to labor and industrial rela tions, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer.
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 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.
The following substitute, offered by Representative Hanner of the 131st was read:
A BILL
To amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications of the House of Representatives, as amended by 1992 HB 1340; Act No. 672, so as to change the composition of certain representative districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications of the House of Representatives, as amended by 1992 HB 1340; Act No. 672, is amended by striking the descriptions of Representative Districts
4020
JOURNAL OF THE HOUSE,
No. 102, 132, 133, 135, and 136, and inserting in their respective places new district descriptions to read as follows:
"District: 102
HARRIS COUNTY MUSCOGEE COUNTY
VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 Block(s): 101, 104, 106, 111, 117, 119, 120, 121, 122, 124, 147, 148, 150, 301, 318
VTD: 0022 UPATOI VTD: 0034 21A TALBOT COUNTY VTD: 3001 BOX SPRINGS VTD: 3005 ONEALS TROUP COUNTY VTD: 0005 WEST POINT VTD: 0008 ROUGH EDGE (Part)
Tract: 9606. Block(s): 128, 129, 130, 131, 132, 133, 139, 140, 142, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157
Tract: 9607. Block(s): 335, 336, 421, 422, 423, 424, 425, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546
Tract: 9611. Block(s): 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269
VTD: 0013 GRAY HILL VTD: 0015 HIGHLANDS (Part)
Tract: 9607. Block(s): 301, 302, 303, 304, 305, 306, 307A, 307B, 308A, 308C, 315A, 315B, 316A, 316B, 316C, 317A, 317B, 317C, 317D, 318, 319, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 420A, 420B, 420C, 501"
"District: 132
MUSCOGEE COUNTY VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 Block(s): 102, 105, 107, 108, 112, 113, 123, 125, 126, 127, 128, 129, 131, 133, 134, 135, 137, 144, 145, 151, 152, 153 Tract: 0104.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 127, 201, 202, 203, 204, 902
MONDAY, MARCH 30, 1992
4021
VTD: 0024 NORTH HIGHLAND (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 306, 307, 308, 309, 401, 402, 403, 407, 408, 411, 414 Tract: 0110. Block(s): 119B, 122
VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 302, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317
VTD: 0028 BIBB CITY VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0035 32B
District: 133
MUSCOGEE COUNTY VTD: 0008 CARVER (Part) Tract: 0028. Block(s): 301, 302, 303, 304, 305, 306, 801, 802, 803, 805, 806, 808 Tract: 0029.01 Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117 VTD: 0009 RIGDON (Part) Tract: 0020. Block(s): 117, 201, 202, 203, 204, 205, 206 VTD: 0010 DIMON (Part) Tract: 0029.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 221, 222, 223, 224, 225 Tract: 0107.01 Block(s): 117, 119, 120, 134, 201, 202, 203, 204, 205, 208, 209, 210, 212, 213, 215, 216, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230 Tract: 0107.02 Block(s): 113, 114, 115, 116, 117, 118, 119, 136, 137, 201, 202, 221, 222, 223, 224, 225, 226, 228 VTD: 0011 DAWSON (Part) Tract: 0107.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 135 Tract: 0107.02 Block(s): 101, 104, 105, 106, 107, 108, 109, 110, 111, 122, 123, 125, 126, 127, 128, 129, 130, 132, 134, 135 VTD: 0012 WESLEY HEIGHTS
4022
JOURNAL OF THE HOUSE,
VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD (Part)
Tract: 0021. Block(s): 109, 110, 111, 112, 116
Tract: 0105. Block(s): 213, 214, 215, 220, 221, 222
VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING"
"District: 135
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE (Part) Tract: 0001. Block(s): 101, 102, 103, 221, 223 Tract: 0015. Block(s): 401, 403, 404, 405, 406, 407, 408, 409, 413, 415, 416, 417 Tract: 0016. Block(s): 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618 VTD: 0006 WYNNTON VTD: 0015 EDGEWOOD (Part) Tract: 0021. Block(s): 102, 103, 104, 105, 122, 123, 214, 215, 216, 217, 218, 219, 220, 223 Tract: 0105. Block(s): 104, 106, 109, 202, 203, 206, 207, 208, 209, 210, 212, 216, 217, 218, 219, 223, 301, 302, 303, 305, 306, 307, 316, 317 VTD: 0016 GENTIAN VTD: 0019 REESE ROAD VTD: 0021 MIDLAND VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part) Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310 Tract: 0016. Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 310, 311, 312, 313, 404, 405, 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615 VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 127, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 303, 304, 318, 319, 320, 321, 322 VTD: 0029 JOHNSON
District: 136
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE (Part) Tract: 0001. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222 Tract: 0015.
MONDAY, MARCH 30, 1992
4023
Block(s): 418, 428, 429, 430, 431, 434, 435, 436, 437, 438
Tract: 0024. Block(s): 109, 110, 111, 112, 113, 114, 116, 120
Tract: 0025. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211,
212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 503, 504,
505, 506, 507, 509, 901
Tract: 0026. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 201, 202, 203, 204, 205, 206, 209, 210 VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0007 BRITT VTD: 0008 CARVER (Part)
Tract: 0022. Block(s): 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 414, 416
Tract: 0028. Block(s): 405, 406, 501, 502, 503, 504, 505, 506, 601, 602, 603, 604
VTD: 0009 RIGDON (Part) Tract: 0020. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222
VTD: 0015 EDGEWOOD (Part) Tract: 0021. Block(s): 101, 108, 113, 115, 117, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 221
VTD: 0038 3A3 FORT BENNING"
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Tolbert of the 58th moves to amend the Floor substitute to SB 174 by inserting on line 13 of page 1, following "No.", the following:
"63, 64, 65, 66, 67, 68, 70, 71, 74,".
By inserting at the appropriate place the following: "District: 63
DEKALB COUNTY VTD: 0011 BRIARLAKE VTD: 0013 BROCKETT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0043 EVANSDALE VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.05 Block(s): 201, 202, 203, 205, 206, 207, 208, 209
4024
JOURNAL OF THE HOUSE,
Tract: 0218.06 Block(s): 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 132, 133, 134, 135, 136, 306, 307
Tract: 0218.09 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521
VTD: 0079 MEDLOCK VTD: 0087 MONTREAL VTD: 0092 NORTHLAKE VTD: OOAK REHOBOTH
District: 64
DEKALB COUNTY VTD: 0040 EMBRY HILLS (Part) Tract: 0218.08 Block(s): 507, 508, 511, 512, 513, 514, 515, 516 VTD: 0056 HUGH HOWELL (Part) Tract: 0218.06 Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 129, 130, 131, 138 Tract: 0219.02 Block(s): 202, 203, 204, 205, 301, 302, 303, 310 VTD: 0058 IDLEWOOD (Part) Tract: 0218.05 Block(s): 210, 229, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0218.06 Block(s): 137, 139 Tract: 0219.02 Block(s): 401A, 402, 403, 404, 405, 406, 409A Tract: 0219.04 Block(s): 101, 102, 103, 201, 401A, 501, 502, 503, 504, 505 Tract: 0220.04 Block(s): 101B, 101C, 201, 202A VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.06 Block(s): 301, 302, 303, 304, 305, 308 Tract: 0218.09 Block(s): 501, 502, 503, 504, 505, 506, 507 VTD: OOAD PLEASANTDALE (Part) Tract: 0218.98 Block(s): 132B VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 101, 102, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 501, 502, 503, 504, 505 Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 407, 408 VTD: OOAX SILVER HILL (Part) Tract: 0219.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 201C, 206B, 208B, 209B, 211B, 213B, 214B, 215B, 247, 325C, 325D, 328B, 335, 336B, 337B, 341B, 344, 348, 349B VTD: OOBB SMOKE RISE (Part)
MONDAY, MARCH 30, 1992
4025
Tract: 0219.02 Block(s): 101, 102, 103, 104, 105, 106, 201, 206, 207, 208, 209, 210, 211, 212, 304, 305, 306, 307
VTD: OOBF STONE MILL (Part) Tract: 0219.02 Block(s): 401B, 407, 408, 409B, 410, 411, 412, 413 Tract: 0219.03 Block(s): 208C, 220, 229C, 232B Tract: 0219.04 Block(s): 104, 105, 106, 107, 202, 203, 204, 205, 301, 302, 303, 401B, 402, 403 Tract: 0219.05 Block(s): 101, 102, 103, 104B
VTD: OOBP TUCKER (Part) Tract: 0218.09 Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 401, 402, 403, 404, 405, 406, 407
District: 65
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0026 CLARKSTON (Part) Tract: 0220.02 Block(s): 202, 216, 217, 218, 219, 220, 222, 225, 226, 227, 228, 229, 235, 236, 301, 302, 304A, 305A, 306A, 307A, 405A, 410A, 411A, 415 VTD: 0051 HAMBRICK (Part) Tract: 0219.05 Block(s): 104A, 105, 106, 107, 108, 109, 110, 111, 112 Tract: 0220.04 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113. 114, 115 VTD: 0062 JOLLY (Part) Tract: 0220.02 Block(s): 201C, 405B, 406, 407, 408, 409, 410B, 411B, 412B VTD: 0072 MAINSTREET NORTH (Part) Tract: 0232.05 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114. 119, 122, 123, 124, 505, 506, 507, 508 VTD: 0073 MAINSTREET SOUTH (Part) Tract: 0232.05 Block(s): 501, 502, 503, 504, 509, 510, 511, 512, 515, 517, 518, 519, 520 VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH (Part) Tract: 0220.05 Block(s): 401, 402, 403, 404, 405, 406, 410, 411, 412 VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH (Part) Tract: 0233.06 Block(s): 401 VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402, 403, 404, 405, 406 VTD: 00AM ROCK CHAPEL (Part) Tract: 0219.03 Block(s): 342B, 343B
4026
JOURNAL OF THE HOUSE,
Tract: 0219.05 Block(s): 201B, 202, 203B, 205, 206, 207, 208, 209, 210, 211, 501D, 502, 901B, 902, 903, 904
VTD: OOAQ ROWLAND ROAD (Part) Tract: 0232.04 Block(s): 201, 202, 203, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313
VTD: OOBF STONE MILL (Part) Tract: 0219.03 Block(s): 327B, 329B, 334, 338, 339B, 339C, 339D, 339E, 340B, 340C, 341C, 345, 346, 347
VTD: OOBG STONE MOUNTAIN
District: 66
DEKALB COUNTY VTD: 0026 CLARKSTON (Part) Tract: 0220.02 Block(s): 201A, 203, 204, 205, 206, 207, 208A, 209, 211, 212, 214A, 214B, 214C, 221A, 223, 224, 230, 231, 232A, 233, 234, 240, 401A, 403A, 413, 414, 419 VTD: 0036 DUNAIRE VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY (Part) Tract: 0220.02 Block(s): 303, 304B, 305B, 309, 310, 311, 312 VTD: 0076 MCLENDON VTD: 0081 MEMORIAL SOUTH (Part) Tract: 0220.05 Block(s): 407, 408, 409 VTD: 00AM ROCK CHAPEL (Part) Tract: 0219.05 Block(s): 503, 504, 505, 506, 507, 508, 509, 510 VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE
District: 67
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0014 CALLANWOLDE VTD: 0024 CLAIREMONT VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY (Part) Tract: 0215. Block(s): 114, 115
Tract: 0224.02 Block(s): 101, 102, 103, 105, 108, 109, 110, 111, 114, 115, 201, 203, 204,
205, 206, 207, 208A, 211, 212, 213, 214, 215, 220, 224, 227, 228
Tract: 0224.03 Block(s): 102, 108, 401A, 406, 407, 410, 411, 412, 413, 414, 420
Tract: 0225.
Block(s): 101B, 109B VTD: 0042 EPWORTH
VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0061 JOHNSON ESTATES
MONDAY, MARCH 30, 1992
4027
VTD: 0091 NORTH DECATUR VTD: OOAE PONCE DE LEON (Part)
Tract: 0225. Block(s): 309, 316, 317, 318, 319, 320, 505, 507, 508, 509, 510, 601, 602, 604, 605, 606, 608, 609, 610, 611, 612A, 614, 701, 702
VTD: OOAU SCOTT VTD: OOBW WESLEY WOODS (Part)
Tract: 0215. Block(s): 116, 117, 118, 119, 127, 128, 129, 130, 132, 133
Tract: 0224.02 Block(s): 202, 208B, 218, 219, 221, 222
VTD: OOBX WESTCHESTER
District: 68
DEKALB COUNTY VTD: 0038 EAST LAKE (Part) Tract: 0208. Block(s): 108, 109, 110, 201, 202, 203, 215, 322, 323, 501, 502, 503, 505, 506, 508, 509, 510, 512, 513, 514, 515, 516, 518, 519, 521, 522, 523, 524, 525, 526, 527, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538 VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON (Part) Tract: 0225. Block(s): 401, 402, 403, 404, 405, 406, 408, 411, 412, 502, 503, 513, 603, 607 VTD: OOBD SOUTH DECATUR VTD: OOBJ TERRY MILL VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH"
By inserting at the appropriate place the following: "District: 70
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0015 CANBY (Part) Tract: 0235.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 219, 220, 401, 402, 403, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE (Part) Tract: 0232.06 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 VTD: 0031 CROSSROADS (Part) Tract: 0232.07 Block(s): 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122 VTD: 0073 MAINSTREET SOUTH (Part)
4028
JOURNAL OF THE HOUSE,
Tract: 0232.05 Block(s): 407
VTD: 0085 MILLER ROAD (Part) Tract: 0232.03 Block(s): 203, 301, 302, 303, 304, 305, 306, 307, 411
VTD: 0098 PEACHCREST VTD: OOAF RAINBOW (Part)
Tract: 0234.08 Block(s): 301, 302, 801, 802, 803, 804, 812
VTD: OOAN ROWLAND VTD: OOBC SNAPFINGER VTD: OOBN TOWERS
District: 71
DEKALB COUNTY VTD: 0015 CANBY (Part) Tract: 0235.03 Block(s): 128 VTD: 0031 CROSSROADS (Part) Tract: 0232.07 Block(s): 102, 103, 104, 105, 106, 107 VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 205, 209, 214, 215, 218, 219, 224, 226, 229 VTD: 0072 MAINSTREET NORTH (Part) Tract: 0232.05 Block(s): 115, 118, 120 VTD: 0073 MAINSTREET SOUTH (Part) Tract: 0232.05 Block(s): 116, 117, 121, 401, 402, 403, 404, 405, 406, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 513, 514, 516, 521, 522 VTD: 0085 MILLER ROAD (Part) Tract: 0232.03 Block(s): 101, 102, 103, 104, 201, 202, 204, 308, 309, 310, 311, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 412, 413, 414, 501, 502, 503, 504, 505, 601, 602, 603, 604 VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAF RAINBOW (Part) Tract: 0234.08 Block(s): 103 VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502 Tract: 0233.08 Block(s): 502, 503, 504, 505 VTD: OOAT SALEM (Part) Tract: 0234.07 Block(s): 212, 213, 220, 227, 230, 231, 233, 502, 503, 504, 505, 506, 507, 508, 509, 510 VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 210B, 215B Tract: 0233.08 Block(s): 506, 507, 508, 509, 510, 511, 512, 513, 514, 516, 517, 518, 519, 520"
MONDAY, MARCH 30, 1992
4029
By inserting at the appropriate place the following: "District: 74
DEKALB COUNTY VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201A, 201B, 202, 203, 204, 206, 207, 208, 210, 211, 216, 217, 234 VTD: OOAB PHILLIPS VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 507, 508, 509A Tract: 0233.07 Block(s): 503, 504, 505, 506 Tract: 0233.08 Block(s): 501, 515 VTD: OOAT SALEM (Part) Tract: 0234.07 Block(s): 221, 222, 223, 228, 232, 501 VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 201B, 202B, 205B, 208, 211C, 212, 213, 214, 307B, 308, 309B Tract: 0233.08 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610
ROCKDALE COUNTY VTD: 0003 FIAT SHOALS (Part) Tract: 0603.02 Block(s): 305B Tract: 0603.04 Block(s): 614C VTD: 0004 HONEY CREEK VTD: 0006 LORRAINE VTD: 0007 MAGNET VTD: 0009 OLDE TOWNE (Part) Tract: 0602. Block(s): 701A Tract: 0603.02 Block(s): 301A, 305A, 611A Tract: 0603.03 Block(s): 113A, 118A, 118B, 118C, 118D, 119A, 401A, 402, 403, 502A, 503, 504, 505, 506, 507, 508, 509, 510, 511, 702A Tract: 0603.04 Block(s): 102C, 106A, 107, 108, 109, 110, 111, 112, 113A, 401A, 402, 403A, 404, 405, 406, 407A, 503B, 507, 508, 509, 510A, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525A, 526, 527, 528A, 529, 530, 601A, 607A, 608, 609A, 610, 611A, 612, 613, 614A, 615A, 616A, 617A, 701A, 701B, 702A, 705A VTD: 0010 ROCKDALE VTD: 0012 SMYRNA VTD: 0013 STANTON VTD: 0015 BARKSDALE"
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
N Abernathy N Adams
Aiken
N Alford Y Ashe Y Atkins
N Baker N Balkcom N Barfoot
N Bargeron N Barnett.B Y Barnett.M
N Bates Y Beatty N Benefield
4030
JOURNAL OF THE HOUSE,
N Birdsong Y Blitch N Bordeaux N Bostick N Branch Y Breedlove Y Brooks N Brown Y Brush YBuck N Buckner N Byrd Y Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers
Y Clark.E Y Clark.L N Coker
N Coleman N Colwell N Connell N Culbreth N Cummings.B E Cummings,M N Davis.D N Davis.G Y Davis.M
N Dixon.H N Dixon.S N Dobbs N Dover
N Dunn N Edwards Y Elliott Y Felton N Fennel N Floyd,J.M N FloydJ.W N Flynt
N Godbee N Golden Y Goodwin
E Green N Greene N Griffin N Groover E Hamilton N Hammond N Manner
Harris,B N Harris.J Y Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson
N Jamieson N Jenkins
Y Jones N Kilgore
NKing Y Kingston N Klein YLadd
Lane.D N Lane.R N Langford Y Lawrence Y Lawson
NLee YLong NLord N Lucas Y Mann N Martin N McBee
McCoy N McKelvey
McKinney,B N McKinney.C Y Meadows N Merritt N Milam N Mills N Mobley
Moody Y Morsberger N Moultrie Y Mueller
N Oliver.C N Oliver.M NOrr
N Orrock N Padgett
Par ham N Parrish
Patten Y Pelote N Perry N Pettit Y Pinholster
Pinkston NPoag
Porter
N Poston Y Powell,A N Powell.C Y Presley N Purcell
N Randall Ray
N Reaves Redding
N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith.L N Smith.P
On the adoption of the amendment, the ayes were 40, nays 119. The amendment was lost.
N Smith.T Y Smith, W Y Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat Y Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond
Titus Y Tolbert
N Townsend N Turnquest N Twiggs N Valenti Y Vaughan N Walker,J
N Walker.L N Wall N Watson N Watts
White Y Wilder Y Williams.B
Williams,J Williams.R Yeargin Murphy.Spkr
The following amendment was read:
Representative Harris of the 96th moves to amend the Floor substitute to SB 174 by striking in their entireties the descriptions of Districts 132, 133, 135, and 136 and inserting in lieu thereof, respectively, the following:
"District: 132
MUSCOGEE COUNTY VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 Block(s): 102, 105, 107, 108, 112, 113, 123, 125, 126, 127, 128, 129, 131, 133, 134, 135, 137, 144, 145, 151, 152, 153 Tract: 0104.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 127, 201, 202, 203, 204, 902 VTD: 0024 NORTH HIGHLAND (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218
MONDAY, MARCH 30, 1992
4031
Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 306, 307, 308, 309, 401, 402, 403, 407, 408, 411, 414
Tract: 0110. Block(s): 119B, 122
VTD: 0028 BIBB CITY VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0035 32B
District: 133
MUSCOGEE COUNTY VTD: 0008 CARVER (Part) Tract: 0028. Block(s): 301, 302, 303, 304, 305, 306, 801, 802, 803, 805, 806, 808 Tract: 0029.01 Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117 VTD: 0009 RIGDON (Part) Tract: 0020. Block(s): 117, 201, 202, 203, 204, 205, 206 VTD: 0010 DIMON (Part) Tract: 0029.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 221, 222, 223, 224, 225 Tract: 0107.01 Block(s): 117, 119, 120, 134, 201, 202, 203, 204, 205, 208, 209, 210, 212, 213, 215, 216, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230 Tract: 0107.02 Block(s): 113, 114, 115, 116, 117, 118, 119, 136, 137, 201, 202, 221, 222, 223, 224, 225, 226, 228 VTD: 0011 DAWSON (Part) Tract: 0107.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 135 Tract: 0107.02 Block(s): 101, 104, 105, 106, 107, 108, 109, 110, 111, 122, 123, 125, 126, 127, 128, 129, 130, 132, 134, 135 VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD (Part) Tract: 0021. Block(s): 102, 110, 111, 112, 116, 122, 218, 219, 223 Tract: 0105. Block(s): 213, 220, 221, 222, 305, 306, 316 VTD: 0016 GENTIAN (Part) Tract: 0010. Block(s): 121, 216, 217, 218, 220, 221 VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 111, 112 VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING"
4032
JOURNAL OF THE HOUSE,
"District: 135
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE (Part) Tract: 0001. Block(s): 101, 102, 103, 221, 223 Tract: 0015. Block(s): 401, 403, 404, 405, 406, 407, 408, 409, 413, 415, 416, 417 Tract: 0016. Block(s): 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618 VTD: 0006 WYNNTON (Part) Tract: 0011. Block(s): 201, 202, 203, 204, 206, 207, 208, 221 Tract: 0012. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 404, 405, 406, 407, 408, 409, 410, 411 Tract: 0023. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122 VTD: 0015 EDGEWOOD (Part) Tract: 0021. Block(s): 103, 104, 105, 123, 214, 215, 216, 217, 220 Tract: 0105. Block(s): 104, 106, 109, 202, 203, 206, 207, 208, 209, 210, 212, 214, 215, 216, 217, 218, 219, 223, 301, 302, 303, 307, 317 VTD: 0016 GENTIAN (Part) Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 219, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326 VTD: 0019 REESE ROAD VTD: 0021 MIDLAND VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part) Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310 Tract: 0016. Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 310, 311, 312, 313, 404, 405, ' 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615 VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 127, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322 VTD: 0029 JOHNSON
District: 136
MUSCOGEE COUNTY
MONDAY, MARCH 30, 1992
4033
VTD: 0001 COURTHOUSE (Part) Tract: 0001. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222 Tract: 0015. Block(s): 418, 428, 429, 430, 431, 434, 435, 436, 437, 438 Tract: 0024. Block(s): 109, 110, 111, 112, 113, 114, 116, 120 Tract: 0025. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 503, 504, 505, 506, 507, 509, 901 Tract: 0026. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 201, 202, 203, 204, 205, 206, 209, 210
VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0007 BRITT VTD: 0008 CARVER (Part)
Tract: 0022. Block(s): 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 414, 416
Tract: 0028. Block(s): 405, 406, 501, 502, 503, 504, 505, 506, 601, 602, 603, 604
VTD: 0009 RIGDON (Part) Tract: 0020. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222
VTD: 0015 EDGEWOOD (Part) Tract: 0021. Block(s): 101, 108, 109, 113, 115, 117, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 221
VTD: 0038 3A3 FORT BENNING"
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams
Aiken N Alford
Ashe Y Atkins Y Baker N Balkcom N Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch Y Bordeaux N Bostick Y Branch
Y Breedlove N Brooks N Brown Y Brush Y Buck Y Buckner N Byrd Y Campbell N Canty N Carrell Y Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers N Clark.E Y Clark.L N Coker N Coleman
N Colwell N Connell Y Culbreth Y Cummings.B E Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H N Dixon.S Y Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton Y Fennel N Floyd.J.M Y Floyd,J.W Y Flynt
N Godbee Y Golden N Goodwin E Green Y Greene N Griffin N Groover E Hamilton N Hammond N Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert N Holland N Holmes N Howard N Hudson N Irwin
N Jackson Y Jamieson N Jenkins Y Jones N Kilgore
King Y Kingston N Klein Y Ladd N Lane.D Y Lane.R Y Langford Y Lawrence N Lawson N Lee Y Long
Lord N Lucas Y Mann N Martin
4034
JOURNAL OF THE HOUSE,
Y McBee Y McCoy N McKelvey N McKinney.B N McKinney.C Y Meadows
Y Merritt
Milam N Mills
N Mobley
N Moody N Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M
N Orr Orrock
N Padgett N Parham N Parrish
Patten Y Pelote Y Perry N Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston
Powell.A N Powell.C
Y Presley N Purcell Y Randall
Ray N Reaves
Redding N Ricketson N Royal Y Selman N Sherrill N Simpson
Sinkfield Y Skipper N Smith.L Y Smith.P
N Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor N Teper N Thomas.C Y Thomas.M N Thomas.N
N Thurmond Titus
Y Tolbert Townsend
Y Turnquest N Twiggs N Valenti N Vaughan Y Walker,J Y Walker,L Y Wall
Watson N Watts N White Y Wilder Y Williams.B
Williams,J N Williams.R
Yeargin Murphy.Spkr
On the adoption of the amendment, the ayes were 77, nays 81. The amendment was lost.
Representative Harris of the 96th moved that the House reconsider its action in fail ing to adopt the Harris amendment.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken N Alford Y Ashe Y Atkins
Y Baker N Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M N Bates
Y Beatty N Benefield
Y Birdsong Y Blitch Y Bordeaux N Bostick Y Branch Y Breedlove N Brooks Y Brown N Brush Y Buck Y Buckner N Byrd Y Campbell N Canty N Carrell Y Carter N Cauthorn Y Chafin
N Chambless Y Cheeks N Childers
Y Clark.E Y Clark.L N Coker N Coleman N Colwell N Connell Y Culbreth
Y Cummings,B E Cummings.M Y Davis,D
Davis.G Y Davis.M N Dixon.H N Dixon,S
N Dobbs N Dover
N Dunn N Edwards Y Elliott Y Felton Y Fennel N Ployd,J.M Y Floyd,J.W N Flynt N Godbee N Golden N Goodwin E Green Y Greene N Griffin N Groover E Hamilton N Hammond N Manner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert N Holland N Holmes Y Howard
N Hudson N Irwin Y Jackson Y Jamieson N Jenkins Y Jones N Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D N Lane.R Y Langford Y Lawrence Y Lawson NLee YLong
Lord
N Lucas YMann N Martin Y McBee Y McCoy N McKelvey N McKinney,B N McKinney.C Y Meadows Y Merritt Y Milam
On the motion, the ayes were 91, nays 75. The motion prevailed.
N Mills N Mobley
N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M NOrr
Orrock
N Padgett N Parham N Parrish
Patten Y Pelote Y Perry
N Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston N Powell.A Y Powell.C Y Presley N Purcell N Randall NRay N Reaves
Redding Y Ricketson N Royal Y Selman N Sherrill N Simpson N 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 Streat Y Taylor N Teper
N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert
Townsend Y Turnquest N Twiggs N Valenti Y Vaughan Y Walker,J Y Walker.L
Wall Y Watson
N Watts N White Y Wilder Y Williams.B
Williams,J N Williams.R
N Yeargin Murphy.Spkr
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 Ashe Y Atkins
Y Baker N Balkcum N Barfoot
N Bargeron N Barnett.B Y Barnett.M
N Bates N Beatty N Benefield
MONDAY, MARCH 30, 1992
4035
N Birdsong Y Blitch Y Bordeaux N Bostick Y Branch Y Breedlove N Brooks N Brown N Brush YBuck Y Buckner N Byrd Y Campbell
N Canty N Carrell
Y Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers N Clark.E Y Clark.L N Coker
N Coleman N Colwell N Connell Y Culbreth
Y Cummings.B N Cummings,M Y Davis.D
N 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 Y Floyd,J.W N Flynt N Godbee N Golden N Goodwin
E Green Y Greene N Griffin N Groover E Hamilton N Hammond N Manner Y Harris.B Y Harris.J Y Heard Y Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson
Y Jamieson N Jenkins Y Jones N Kilgore YKing Y Kingston N Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence N Lawson NLee YLong
Lord N Lucas NMann N Martin Y McBee
McCoy N McKelvey N McKinney.B N McKinney.C Y Meadows N Merritt N Milam N Mills N Mobley N Moody Y Morsberger Y Moultrie Y Mueller
N Oliver.C N Oliver.M NOrr N Orrock
N Padgett N Parham
N Parrish Patten
N Pelote N Perry N Pettit Y Pinholster
Pinks ton YPoag Y Porter N Poston N Powell,A
Y Powell.C Y Presley N Purcell N Randall
Ray N Reaves
Redding Y Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield Y Skipper Y Smith.L
Y Smith,?
On the adoption of the amendment, the ayes were 64, nays 101. The amendment was lost.
N Smith.T Y Smith, W Y Smyre
Snow
N Standl,F Y Stancil.S Y Stanley
Streat Y Taylor N Teper N Thomas.C N Thomas,M
Thomas.N Y Thurmond
Titus Y Tolbert Y Townsend N Turnquest N Twiggs N Valenti Y Vaughan Y Walker.J
Y Walker.L Wall
Y Watson N Watts N White Y Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy ,Spkr
The following amendment was read:
Representative Meadows of the 91st moves to amend the Floor Substitute to SB 174 by striking from lines 13 and 14 of page 1 the following:
"No. 102, 132, 133, 135, and 136",
and inserting in lieu thereof the following:
"No. 102, 131, 132, 133, 135, 136, and 137".
By inserting between the descriptions of Representative Districts No. 102 and 132 the following new description of Representative District No. 131:
"District: 131
COWETA COUNTY VTD: 0002 SECOND (MORELAND) VTD: 0014 FIFTH (NEWMAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part) Tract: 1706. Block(s): 401A, 413A, 413C, 414B, 415A, 417A, 418A, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 438, 439, 440, 517 VTD: 0017 SEVENTEENTH (NEWNAN)
MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0007 GILL ONE (Part)
4036
JOURNAL OF THE HOUSE,
Tract: 9705. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 325, 529, 530, 531, 532, 533, 534, 535, 536, 537, 540, 629, 631, 632, 639, 640, 647, 712, 716, 722, 723, 724, 725, 729, 730, 732, 733, 736, 737
VTD: 0008 GILL TWO VTD: 0011 ODESSADALE-SEVENTH VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part)
Tract: 9608. Block(s): 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 133, 134, 221, 222, 223, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 324, 325, 417, 418, 419, 420, 421, 422, 423, 424
Tract: 9609. Block(s): 101, 102, 104, 105, 106, 107, 201, 202, 203A, 203B, 203C, 204, 205A, 205B, 206, 207, 208, 209, 210, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 319, 320, 511, 512
VTD: 0004 LAGRANGE FOUR VTD: 0009 MOUNTVILLE (Part)
Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 113, 120, 121, 122, 123, 124, 125, 126, 127, 134, 135, 136, 137, 138, 141, 143, 144, 158, 159, 160, 161, 162, 163
Tract: 9611. Block(s): 101, 104
VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part)
Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217, 232, 233, 234, 235
Tract: 9607. Block(s): 308B, 309, 337, 338".
By inserting after the description of Representative District No. 136 the following new description of Representative District No. 137:
"District: 137
CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part) Tract: 0201. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234,
MONDAY, MARCH 30, 1992
4037
235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250 Tract: 0202. Block(s): 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921 MARION COUNTY VTD: 0010 DRANEVILLE VTD: 0015 DOYLE VTD: 0020 TAZEWELL VTD: 0025 FORT PERRY VTD: 0030 PINEKNOT VTD: 0035 BRANTLEY MERIWETHER COUNTY VTD: 0005 WOODBURY-LOWER NINTH VTD: 0006 CHALYBEATE AND LOVE VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 326, 327, 328, 628, 630, 633, 634, 635, 636, 637, 638, 641, 642, 643, 644, 645, 646, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 713, 714A, 714B, 715, 717, 718, 719, 720, 721, 726, 727, 728, 731, 738, 739 VTD: 0009 WARM SPRINGS VTD: 0010 DURAND SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B, 179, 180A, 180B, 186, 187, 188, 189, 190, 191, 192, 194, 195A, 195B, 196, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217A, 217B, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 256, 257A, 257B, 258A, 258B, 259A, 259B, 260, 261, 262A, 262B, 263 Tract: 9602.
Block(s): 101, 102, 103, 104, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
SUMTER COUNTY
VTD: 0025 CONCORD NEW 26
VTD: 0035 AMERICUS 27 (Part)
Tract: 9502.
Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141C, 141D, 142, 149A, 149C, 150, 151, 152,
4038
JOURNAL OF THE HOUSE,
301A, 301B, 301C, 301E, 302, 307, 308, 309, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 317, 318, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405, 406, 407, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 221, 222, 223, 224, 225, 501, 502, 503, 504, 505, 506, 507, 508, 509 Tract: 9505. Block(s): 114B, 114C, 114D, 115, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 233A, 233B, 233C, 234, 235 Tract: 9506. Block(s): 101, 126, 128, 129, 130, 145, 146, 147, 148, 149, 216, 217, 218, 219, 220, 221, 222, 223, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 9507. Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407B, 407C, 408A, 408B, 409A, 409B, 409C, 409D, 409E, 409F, 409G, 410, 411, 412, 413, 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B, 416C, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 192, 193, 194, 195 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 154, 155, 401, 431, 432, 433 Tract: 9507. Block(s): 101, 102, 103, 119, 120, 121, 122 Tract: 9508. Block(s): 202, 203, 204, 205 VTD: 0045 ANDERSONVILLE TALBOT COUNTY
VTD: 3002 FLINT HILL
VTD: 3003 GENEVA
VTD: 3004 JUNCTION CITY
VTD: 3006 PRATTSBURG
VTD: 3007 TALBOTTON
MONDAY, MARCH 30, 1992
4039
VTD: 3008 VALLEY TAYLOR COUNTY
VTD: 0001 1 (Part) Tract: 9503. Block(s): 106A, 118, 119, 129, 142, 143, 201A, 201B, 229A, 230, 231, 232A, 233, 234, 235
VTD: 0002 2 VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 (Part)
Tract: 9503. Block(s): 395, 396, 397
Tract: 9504. Block(s): 205, 206, 207, 208, 209. 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0006 6 (Part) Tract: 9502. Block(s): 289, 290, 291, 292, 293 Tract: 9503. Block(s): 103, 105, 106B, 109, 131A, 132, 138, 139, 140, 141, 201C, 202, 218, 220, 224, 225, 226, 227, 228B, 229B, 232B, 250B, 251B, 259, 260, 261, 262, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 336A, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394 Tract: 9504. Block(s): 238
VTD: 0008 8 VTD: 0009 9"
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken N Alford Y Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron
Y Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield N Birdsong Y Blitch
N Bordeaux N Bostick Y Branch
Y Breedlove Y Brooks Y Brown N Brush
Buck N Buckner N Byrd Y Campbell Y Canty N Carrell
N Carter N Cauthorn N Chafin N Chambless
Cheeks N Childers Y Clark.E
N Clark.L Y Coker N Coleman
N Colwell N Connell
Culbreth Y Cummings.B Y Cummings.M Y Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S
N Dobbs N Dover N Dunn Y Edwards Y Elliott N Felton N Fennel
N FloydJ.M N Floyd,J.W Y Flynt
N Godbee N Golden Y Goodwin E Green
Greene Y Griffin N Groover E Hamilton N Hammond N Hanner
Y Harris.B Y Harris,J Y Heard
Henson N Herbert N Holland N Holmes
N Howard N Hudson N Irwin
N Jackson Jamieson
N Jenkins Y Jones Y Kilgore
King Y Kingston N Klein Y Ladd
Lane.D
N Lane.R Y Langford N Lawrence N Lawson N Lee Y Long
Lord
Y Lucas Y Mann N Martin
4040
JOURNAL OF THE HOUSE,
N McBee Y McCoy N McKelvey N McKinney.B Y McKinney.C Y Meadows
N Merritt Y Milam N Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
N Oliver.C
N Oliver.M
NOrr
Orrock N Padgett
N Parham N Parrish
Patten Y Pelote
Y Perry N Pettit Y Pinholster
Pinkston
Y Poag N Porter N Poston N Powell.A Y Powell.C
Y Presley N Purcell N Randall YRay N Reaves
Redding Y Ricketson N Royal
Y Selman
N Sherrill
N Simpson N Sinkfield
N Skipper
Smith.L N Smith.P N Smith.T
Y Smith.W Smyre
N Snow Y Stancil.F Y Stancil.S Y Stanley N Streat Y Taylor N Teper N Thomas.C Y Thomas.M Y Thomas.N N Thurmond
Titus Y Tolbert
N Townsend
N Turnquest N Twiggs
N Valenti Y Vaughan N Walker.J N Walker.L N Wall N Watson
N Watts Y White Y Wilder
Y Williams.B WilliamsJ
N Williams.R
N Yeargin Murphy.Spkr
On the adoption of the amendment, the ayes were 68, nays 92. The amendment was lost.
Representative Meadows of the 91st moved that the House reconsider its action in failing to adopt the Meadows amendment.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken N Alford Y Ashe Y Atkins Y Baker N Balkcom N Barfoot
N Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick Y Branch
Y Breedlove
Y Brooks
Y Brown
N Brush
Buck N Buckner NByrd Y Campbell Y Canty N Carrell N Carter N Cauvhorn N Chafin
N Chambless
Y Cheeks
F Childers
Y Clark.E Y Clark.L Y Coker N Coleman N Colwell N Connell
Culbreth
Y Cummings,B
Y Cummings.M Y Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn Y Edwards Y Elliott
Y Felton N Fennel N Floyd.J.M N Floyd.J.W
N Flynt N Godbee N Golden Y Goodwin E Green
Greene Y Griffin N Groover E Hamilton N Hammond N Manner
Y Harris.B Y Harris.J
Y Heard
N Henson
N Herbert
N Holland Y Holmes Y Howard Y Hudson N Irwin N Jackson Y Jamieson N Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein YLadd Y Lane.D N Lane.R Y Langford Y Lawrence Y Lawson NLee YLong
Lord Y Lucas
YMann N Martin
N McBee Y McCoy N McKelvey Y McKinney.B Y McKinney.C Y Meadows N Merritt Y Milam
On the motion, the ayes were 78, nays 90. The motion was lost.
N Mills N Mobley Y Moody
Y Morsberger
Y Moultrie
Y Mueller N Oliver.C
N 01iver,M N Orr Y Orrock N Padgett N Parham N Parrish
Patten Y Pelote Y Perry N Pettit
Y Pinholster N Pinkston YPoag N Porter N Poston N Powell.A Y Powell.C N Presley N Purcell N Randall YRay N Reaves
Redding Y Ricketson
N Royal N Selman N Sherrill
N Simpson N Sinkfield
N Skipper
N Smith.L N Smith.P N Smith.T Y Smith.W
Smyre NSnow N Stancil.F Y Stancil.S Y Stanley N Streat Y Taylor N Teper N Thomas.C Y Thomas.M Y Thomas.N N Thurmond
Titus
Y Tolbert N Townsend
Y Turnquest
N Twiggs N Valenti Y Vaughan N Walker.J N Walker.L N Wall
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, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
MONDAY, MARCH 30, 1992
4041
Y Abernathy Y Adams Y Aiken Y Alford N Ashe N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron N Barnett.B N Barnett.M N Bates
Y Beatty Y Benefield
Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks N Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell N Carter Y Cauthorn Y Chafin N Chambless N Cheeks Y Childers
Y Clark.E N Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M N Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards N Elliott Y Felton Y Fennel Y Floyd.J.M N Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Manner N Harris.B N Harris,J
Y Heard Y Henson Y Herbert
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 N Lawrence Y Lawson
YLee N Long YLord Y Lucas Y Mann Y Martin Y McBee
Y McCoy N McKelvey Y McKinney.B N McKinney.C N Meadows Y Merritt Y Milam
Y Mills
Y Mobley Y Moody N Morsberger Y Moultrie N 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 N Powell.C N Presley Y Purcell Y Randall NRay Y Reaves
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 Streat
Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N
Y Thurmond Titus
N Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan N Walker.J N Walker.L Y Wall N Watson Y Watts Y White N Wilder N Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 136, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 1541.
By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
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 provide that the sale of lottery tickets shall be exempt from such taxes; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a state lottery.
The following Senate substitute was read:
A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that the sale of lottery tickets shall be exempt from such taxes; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a state lottery; to provide a short title; to define certain terms; to create the Georgia Lottery Corporation; to provide for a board of directors and for matters relative thereto; to provide for a Lottery Retailer Advisory Board and for matters related thereto; to provide for the employment of a chief executive officer and for matters relative thereto; to provide powers of such corporation; to provide for regulations and policies of the board; to provide certain duties of the chief executive
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officer; to provide for the allocation of revenues and the expenditure of funds; to provide for minority participation; to provide for the qualification and selection of vendors; to pro vide for the bonding of vendors; to provide for exceptions to such bonding requirement; to provide for a network of retailers and for matters relative thereto; to provide for a fidel ity fund in lieu of the bonding requirement for retailers; to provide for the cancellation of retail contracts; to provide for the handling of funds by retailers; to provide for the assumption of certain proceeds as gross sales; to provide limitations on the sale of lottery tickets; to provide for the applicability of state income taxation and attachments, garnish ments, or executions; to provide for the payment of prizes; to provide for the applicability of laws relating to open meetings and inspection of public documents; to provide for crimi nal investigations; to define certain offenses and establish certain penalties; to authorize certain agreements; to provide for competitive bidding; to provide for appeal of decisions of the board; to authorize the corporation to perform certain functions; to provide for audits and reports; to create the Georgia Lottery Corporation Legislative Oversight Com mittee; to provide for membership, duties, and staffing of and assistance to such oversight committee; to provide for severability; to provide a conditional effective date and auto matic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by striking the word "or" at the end of paragraph (52), by striking the symbol "." at the end of paragraph (53) and inserting in lieu thereof the symbol and word "; or", and by inserting immediately following para graph (53) the following:
"(54) The sale of lottery tickets authorized by Chapter 27 of Title 50."
Section 2. Title 50 of the Official Code of Georgia Annotated, relating to state gov ernment, is amended by inserting at the end thereof the following:
"CHAPTER 27
50-27-1. This chapter shall be known and may be cited as the 'Georgia Lottery for Education Act.'
50-27-2. It is found and declared by the General Assembly: (1) That net proceeds of lottery games conducted pursuant to this chapter shall
be used to support improvements and enhancements for educational purposes and programs and that such net proceeds shall be used to supplement, not supplant, exist ing resources for educational purposes and programs;
(2) That lottery games are an entrepreneurial enterprise and that the state shall create a public body, corporate and politic, known as the Georgia Lottery Corporation, with comprehensive and extensive powers as generally exercised by corporations engaged in entrepreneurial pursuits;
(3) That lottery games shall be operated and managed in a manner which provides continuing entertainment to the public, maximizes revenues, and ensures that the lot tery is operated with integrity and dignity and free of political influence; and
(4) That the Georgia Lottery Corporation shall be accountable to the General Assembly and to the public through a system of audits and reports. 50-27-3. As used in this chapter, the term:
(1) 'Administrative expenses' means operating expenses, excluding amounts set aside for prizes, regardless of whether such prizes are claimed and excluding amounts held as a fidelity fund pursuant to Code Section 50-27-19.
(2) 'Board' means the board of directors of the Georgia Lottery Corporation. (3) 'Capital outlay projects' means the acquisition, construction, installation, modi fication, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements and the acqui sition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, computers, software,
MONDAY, MARCH 30, 1992
4043
laboratories, furniture, textbooks, and reference material or other property of any nature whatsoever used on, in, or in connection with educational facilities.
(4) 'Casino gambling' means a location or business for the purpose of conducting illegal gambling activities, but excluding the sale and purchase of lottery tickets or shares as authorized by this chapter.
(5) 'Chief executive officer' means the chief executive officer of the Georgia Lot tery Corporation.
(6) 'Corporation' means the Georgia Lottery Corporation. (7) 'Educational facilities' means land, structures, and buildings owned or operated by and through the board of regents, the State Board of Education, the Department of Technical and Adult Education, or by any city, county, or independent school sys tem within this state; provided, however, that a public road or highway leading to an educational facility shall not be considered an educational facility. (8) 'Educational purposes and programs' means capital outlay projects for educa tional facilities; tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges and universities are owned or operated by the board of regents or to attend institutions operated under the authority of the Department of Technical and Adult Education; voluntary pre-kindergarten; and an education shortfall reserve. (9) 'Lottery,' 'lotteries,' 'lottery game,' or 'lottery games' means any game of chance approved by the board and operated pursuant to this chapter, including, but not limited to, instant tickets, on-line games, and games using mechanical or electronic devices but excluding pari-mutuel betting and casino gambling as defined in this Code section. (10) 'Major procurement contract' means any gaming product or service costing in excess of $75,000.00, including, but not limited to, major advertising contracts, annuity contracts, prize payment agreements, consulting services, equipment, tickets, and other products and services unique to the Georgia lottery, but not including materials, supplies, equipment, and services common to the ordinary operations of a corporation. (11) 'Member' or 'members' means a director or directors of the board of directors of the Georgia Lottery Corporation. (12) 'Member of a minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state. (13) 'Minority business' means any business which is owned by:
(A) An individual who is a member of a minority who reports as his personal income for Georgia income tax purposes the income of such business;
(B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the income of the partnership; or
(C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the distributed earnings of the corporation.
(14) 'Net proceeds' means all revenue derived from the sale of lottery tickets or shares and all other moneys derived from the lottery less operating expenses.
(15) 'Operating expenses' means all costs of doing business, including, but not lim ited to, prizes, commissions, and other compensation paid to retailers, advertising and marketing costs, personnel costs, capital costs, depreciation of property and equip ment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to Code Section 50-27-19, and other operating costs.
(16) 'Pari-mutuel betting' means a method or system of wagering on actual races involving horses or dogs at tracks which involves the distribution of winnings by pools. Such term shall not mean lottery games which may be predicated on a horse racing or dog racing scheme that does not involve actual track events. Such term shall not mean traditional lottery games which may involve the distribution of winnings by pools.
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(17) 'Person' means any individual, corporation, partnership, unincorporated associ ation, or other legal entity.
(18) 'Retailer' means a person who sells lottery tickets or shares on behalf of the corporation pursuant to a contract.
(19) 'Share' means any intangible evidence of participation in a lottery game. (20) 'Ticket' means any tangible evidence issued by the lottery to provide participa tion in a lottery game. (21) 'Vendor' means a person who provides or proposes to provide goods or services to the corporation pursuant to a major procurement contract, but does not include an employee of the corporation, a retailer, or a state agency or instrumentality thereof. Such term does not include any corporation whose shares are publicly traded and which is the parent company of the contracting party in a major procurement con tract. 50-27-4. There is created a body corporate and politic to be known as the Georgia Lottery Corporation which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation. Venue for the corporation shall be in Ful ton County. 50-27-5. (a) The corporation shall be governed by a board of directors composed of seven members to be appointed by the Governor. Members shall be appointed with a view toward equitable geographic representation. (b) Members shall be residents of the State of Georgia, shall be prominent persons in their businesses or professions, and shall not have been convicted of any felony offense. The Governor should consider appointing to the board an attorney, an accoun tant, and a person having expertise in marketing. (c) Members shall serve terms of five years, except that of the initial members appointed, three shall be appointed for initial terms of two years, two shall be appointed for initial terms of four years, and two shall be appointed for initial terms of five years. Any vacancy occurring on the board shall be filled by the Governor by appointment for the unexpired term. (d) All members appointed by the Governor shall be confirmed by the Senate. Mem bers appointed when the General Assembly is not in regular session shall serve only until the Senate has confirmed the appointment at the next regular or special session of the General Assembly. If the Senate refuses to confirm an appointment, the member shall vacate his office on the date the confirmation fails. (e) Members of the board shall not have any direct or indirect interest in an under taking that puts their personal interest in conflict with that of the corporation, includ ing, but not limited to, an interest in a major procurement contract or a participating retailer. (f) Upon approval by the chairperson, members of the board shall be reimbursed for actual and reasonable expenses incurred for each day's service spent in the performance of the duties of the corporation.
(g) The members shall elect from their membership a chairperson and vice chairper son. The members shall also elect a secretary and treasurer who can be the chief execu tive officer of the corporation. Such officers shall serve for such terms as shall be prescribed by the bylaws of the corporation or until their respective successors are elected and qualified. No member of the board shall hold more than any one office of the corporation, except that the same person may serve as secretary and treasurer.
(h) The board of directors may delegate to any one or more of its members, to the chief executive officer, or to any agent or employee of the corporation such powers and duties as it may deem proper.
(i) A majority of members in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the corporation.
(j) Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of present and voting board mem bers.
(k) No vacancy in the membership of the board shall impair the right of the mem bers to exercise all the powers and perform all the duties of the board.
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4045
50-27-6. (a) The chairperson of the board of directors shall appoint a Lottery Retailer Advisory Board to be composed of ten lottery retailers representing the broad est possible spectrum of geographical, racial, and business characteristics of lottery retailers. The function of the advisory board shall be to advise the board of directors on retail aspects of the lottery and to present the concerns of lottery retailers through out the state.
(b) Members appointed to the Lottery Retailer Advisory Board shall serve terms of two years; provided, however, that five of the initial appointees shall serve initial terms of one year.
(c) The advisory board shall establish its own rules and internal operating proce dures. Members of the advisory board shall serve without compensation or reimburse ment of expenses. The advisory board may report to the board of directors or to the oversight committee in writing at any time. The board of directors may invite the advis ory board to make an oral presentation to the board of directors at regular meetings of the board.
50-27-7. The board of directors shall provide the chief executive officer with private-
sector perspectives of a large marketing enterprise. The board shall: (1) Approve, disapprove, amend, or modify the budget recommended by the chief
executive officer for the operation of the corporation;
(2) Approve, disapprove, amend, or modify the terms of major lottery procurements recommended by the chief executive officer;
(3) Hear appeals of hearings required by this chapter; (4) Adopt regulations, policies, and procedures relating to the conduct of lottery games and as specified in Code Section 50-27-9; and
(5) Perform such other functions as specified by this chapter. 50-27-8. The board of directors shall appoint and shall provide for the compensation
of a chief executive officer who shall be an employee of the corporation and who shall direct the day-to-day operations and management of the corporation and shall be vested
with such powers and duties as specified by the board and by law. The chief executive officer shall serve at the pleasure of the board.
50-27-9. (a) The corporation shall have any and all powers necessary or convenient
to its usefulness in carrying out and effectuating the purposes and provisions of this chapter which are not in conflict with the Constitution of this state and which are gen
erally exercised by corporations engaged in entrepreneurial pursuits, including, but with out limiting the generality of the foregoing, the following powers:
(1) To sue and be sued in contract and in tort and to complain and defend in all courts;
(2) To adopt and alter a seal;
(3) To adopt, amend, and repeal bylaws, regulations, and policies and procedures for the regulation of its affairs and the conduct of its business; to elect and prescribe the duties of officers and employees of the corporation; and to perform such other
matters as the corporation may determine. In the adoption of bylaws, regulations, policies, and procedures or in the exercise of any regulatory power, the corporation shall be exempt from the requirements of Chapter 13 of this title, the 'Georgia Admin istrative Procedure Act';
(4) To procure or to provide insurance;
(5) To hold copyrights, trademarks, and service marks and enforce its rights with respect thereto;
(6) To initiate, supervise, and administer the operation of the lottery in accordance with the provisions of this chapter and regulations, policies, and procedures adopted
pursuant thereto; (7) To enter into written agreements with one or more other states or sovereigns
for the operation, participation in marketing, and promotion of a joint lottery or joint lottery games;
(8) To conduct such market research as is necessary or appropriate, which may include an analysis of the demographic characteristics of the players of each lottery
game and an analysis of advertising, promotion, public relations, incentives, and other aspects of communication;
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(9) To acquire or lease real property and make improvements thereon and acquire by lease or by purchase personal property, including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property, including, but not limited to, computer programs, systems, and software;
(10) To enter into contracts to incur debt in its own name and enter into financing agreements with the state, agencies or instrumentalities of the state, or with any com mercial bank or credit provider; provided, however, that any such debt must be approved by the Georgia State Financing and Investment Commission;
(11) To be authorized to administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence relative to any investigation or proceeding conducted by the corpo ration;
(12) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel and hearing officers to conduct hearings required by this chapter, and to fix their compensation, pay their expenses, and pro vide a benefit program, including, but not limited to, a retirement plan and a group insurance plan;
(13) To select and contract with vendors and retailers; (14) To enter into contracts or agreements with state or local law enforcement agen cies for the performance of law enforcement, background investigations, and security checks; (15) To enter into contracts of any and all types on such terms and conditions as the corporation may determine;
(16) To establish and maintain banking relationships, including, but not limited to, establishment of checking and savings accounts and lines of credit;
(17) To advertise and promote the lottery and lottery games; (18) To act as a retailer, to conduct promotions which involve the dispensing of lot tery tickets or shares, and to establish and operate a sales facility to sell lottery tickets or shares and any related merchandise; and (19) To adopt and amend such regulations, policies, and procedures as necessary to carry out and implement its powers and duties, organize and operate the corporation, regulate the conduct of lottery games in general, and any other matters necessary or desirable for the efficient and effective operation of the lottery or the convenience of the public. The promulgation of any such regulations, policies and procedures shall be exempt from the requirements of Chapter 13 of this title, the 'Georgia Administrative Procedure Act.' (b) The powers enumerated in subsection (a) of this Code section are cumulative of and in addition to those powers enumerated elsewhere in this chapter, and no such pow ers limit or restrict any other powers of the corporation. 50-27-10. The board may adopt regulations, policies, and procedures regulating the conduct of lottery games in general, including, but not limited to, regulations, policies, and procedures specifying:
(1) The type of games to be conducted, including, but not limited to, instant lot teries, on-line games, and other games traditional to the lottery. Such games may include the selling of tickets or shares or the use of electronic or mechanical devices;
(2) The sale price of tickets or shares and the manner of sale; provided, however, that all sales shall be for cash only and payment by checks, credit cards, charge cards,
or any form of deferred payment is prohibited;
(3) The number and amount of prizes; (4) The method and location of selecting or validating winning tickets or shares; (5) The manner and time of payment of prizes, which may include lump sum pay
ments or installments over a period of years; (6) The manner of payment of prizes to the holders of winning tickets or shares,
including without limitation provision for payment of prizes not exceeding $600.00 after deducting the price of the ticket or share and after performing validation proce
dures appropriate to the game and as specified by the board. The board may provide
MONDAY, MARCH 30, 1992
4047
for a limited number of retailers who can pay prizes of up to $5,000.00 after perform ing validation procedures appropriate to the game and as specified by the board with out regard to where such ticket or share was purchased;
(7) The frequency of games and drawings or selection of winning tickets or shares; (8) The means of conducting drawings; (9) The method to be used in selling tickets or shares which may include the use of electronic or mechanical devices; (10) The manner and amount of compensation to lottery retailers; and
(11) Any and all other matters necessary, desirable, or convenient toward ensuring the efficient and effective operation of lottery games, the continued entertainment and convenience of the public, and the integrity of the lottery. 50-27-11. (a) The chief executive officer of the corporation shall direct and super vise all administrative and technical activities in accordance with the provisions of this chapter and with the regulations, policies, and procedures adopted by the board. It shall be the duty of the chief executive officer to:
(1) Facilitate the initiation and supervise and administer the operation of the lot tery games;
(2) Employ and direct such personnel as deemed necessary;
(3) Employ by contract and compensate such persons and firms as deemed neces sary;
(4) Promote or provide for promotion of the lottery and any functions related to the corporation;
(5) Prepare a budget for the approval of the board; (6) Require bond from such retailers and vendors in such amounts as required by the board;
(7) Report quarterly to the state auditor and the board a full and complete state ment of lottery revenues and expenses for the preceding quarter; and
(8) Perform other duties generally associated with a chief executive officer of a corporation of an entrepreneurial nature.
(b) The chief executive officer may for good cause suspend, revoke, or refuse to renew any contract entered into in accordance with the provisions of this chapter or the regulations, policies, and procedures of the board.
(c) The chief executive officer or his designee may conduct hearings and administer oaths to persons for the purpose of assuring the security or integrity of lottery opera tions or to determine the qualifications of or compliance by vendors and retailers.
50-27-12. (a) The corporation shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees, including, but not limited to, production incentive payments.
(b) No employee of the corporation shall have a financial interest in any vendor doing business or proposing to do business with the corporation.
(c) No employee of the corporation with decision-making authority shall participate in any decision involving a retailer with whom the employee has a financial interest.
(d) No employee of the corporation who leaves the employment of the corporation may represent any vendor or lottery retailer before the corporation for a period of two years following termination of employment with the corporation.
(e) Background investigation shall be conducted on each applicant who has reached the final selection process prior to employment by the corporation at the level of divi sion director and above and at any level within any division of security and as otherwise required by the board. The corporation shall be authorized to pay for the actual cost of such investigations and may contract with the Georgia Bureau of Investigation for the performance of such investigations. The results of such a background investigation shall not be considered a record open to the public pursuant to Article 4 of Chapter 18 of this title.
(f) No person who has been convicted of a felony or bookmaking or other forms of illegal gambling or of a crime involving moral turpitude shall be employed by the corpo ration.
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(g) The corporation shall bond corporation employees with access to corporation funds or lottery revenue in such an amount as provided by the board and may bond other employees as deemed necessary.
50-27-13. (a) (1) All lottery proceeds shall be the property of the corporation. (2) From its lottery proceeds the corporation shall pay the operating expenses of
the corporation. As nearly as practical, at least 45 percent of the amount of money from the actual sale of lottery tickets or shares shall be made available as prize money; provided, however, that this paragraph shall be deemed not to create any lien, entitlement, cause of action, or other private right, and any rights of holders of tickets or shares shall be determined by the corporation in setting the terms of its lottery or lotteries.
(3) As nearly as practical, for each fiscal year, net proceeds shall equal at least 35 percent of the lottery proceeds. However, for the first two full fiscal years and any partial first fiscal year of the corporation, net proceeds need only equal 30 percent of the proceeds as nearly as practical. (b) (1) On or before the fifteenth day of each quarter, the corporation shall transfer to the general fund of the state treasury, for credit to the Lottery for Education Account for the preceding quarter, the amount of all net proceeds during the preced ing quarter. The director of the Fiscal Division of the Department of Administrative Services shall separately account for net proceeds by establishing and maintaining a Lottery for Education Account within the state treasury.
(2) Upon their deposit into the state treasury, any moneys representing a deposit of net proceeds shall then become the unencumbered property of the State of Georgia and the corporation shall have no power to agree or undertake otherwise. Such mon eys shall be invested by the director in accordance with state investment practices. All earnings attributable to such investments shall likewise be the unencumbered property of the state and shall accrue to the credit of the Lottery for Education Account. (c) (1) In the budget report to the General Assembly, as a separate budget category entitled 'lottery proceeds,' the Governor shall estimate the amount of net proceeds and treasury earnings thereon to be credited to the Lottery for Education Account during the fiscal year and the amount of unappropriated surplus estimated to be accrued in the account at the beginning of the fiscal year. The sum of estimated net proceeds, treasury earnings thereon, and unappropriated surplus shall be designated lottery proceeds.
(2) In the budget report the Governor shall further make specific recommendations as to the education programs and purposes for which appropriations should be made from the Lottery for Education Account. The General Assembly shall appropriate from the Lottery for Education Account by specific reference to it, or by reference to 'lottery proceeds.' All appropriations of lottery proceeds to any particular budget unit shall be made together in a separate part entitled, identified, administered, and accounted for separately as a distinct budget unit for lottery proceeds. Such appropri ations shall otherwise be made in the manner required by law for appropriations.
(3) It is the intent of the General Assembly that appropriations from the Lottery for Education Account shall be for educational purposes and projects only.
(4) If, for any educational purpose or program, less is appropriated in or during the fiscal year than is authorized, the excess shall be available for appropriation the following fiscal year and shall not retain its character as funds for the particular pur pose.
(d) Appropriations for educational purposes and programs from the account not committed during the fiscal year shall lapse to the general fund and shall be credited to the Lottery for Education Account.
(e) Except as qualified by this chapter, appropriations from the Lottery for Educa tion Fund shall be subject to Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'
(f) In compliance with the requirement of the Constitution that there shall be a sep arate accounting of lottery proceeds, no deficiency in the Lottery for Education Account shall be replenished by book entries reducing any nonlottery reserve of general funds,
MONDAY, MARCH 30, 1992
4049
including specifically but without limitation the revenue shortfall reserve or the midyear adjustment reserve; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the Lottery for Education Account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the Lottery for Education Account shall be included in any surplus calculated for setting aside any nonlottery reserve or midyear adjustment reserve. In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state auditor shall not include the net proceeds.
50-27-14. It is the intent of the General Assembly that the corporation encourage participation by minority businesses. Accordingly, the board of directors shall adopt a plan which achieves to the greatest extent possible a level of participation by minority businesses taking into account the total number of all retailers and vendors, including any subcontractors. The corporation is authorized and directed to undertake training programs and other educational activities to enable such minority businesses to compete for contracts on an equal basis. The board shall monitor the results of minority business participation and shall report the results of minority business participation to the Gov
ernor at least on an annual basis. 50-27-15. (a) The corporation shall investigate the financial responsibility, security,
and integrity of any lottery system vendor who is a finalist in submitting a bid, proposal,
or offer as part of a major procurement. At the time of submitting such bid, proposal, or offer to the corporation, the corporation may require the following items:
(1) A disclosure of the vendor's name and address and, as applicable, the names and addresses of the following:
(A) If the vendor is a corporation, the officers, directors, and each stockholder
in such corporation; provided, however, that in the case of owners of equity securi ties of a publicly traded corporation, only the names and addresses of those known to the corporation to own beneficially 5 percent or more of such securities need be
disclosed; (B) If the vendor is a trust, the trustee and all persons entitled to receive
income or benefits from the trust;
(C) If the vendor is an association, the members, officers, and directors; and
(D) If the vendor is a partnership or joint venture, all of the general partners, limited partners, or joint venturers; (2) A disclosure of all the states and jurisdictions in which the vendor does busi
ness and the nature of the business for each such state or jurisdiction;
(3) A disclosure of all the states and jurisdictions in which the vendor has con tracts to supply gaming goods or services, including, but not limited to, lottery goods and services, and the nature of the goods or services involved for each such state or jurisdiction;
(4) A disclosure of all the states and jurisdictions in which the vendor has applied
for, has sought renewal of, has received, has been denied, has pending, or has had revoked a lottery or gaming license of any kind or had fines or penalties assessed to
his license, contract, or operation and the disposition of such in each such state or jurisdiction. If any lottery or gaming license or contract has been revoked or has not
been renewed or any lottery or gaming license or application has been either denied or is pending and has remained pending for more than six months, all of the facts
and circumstances underlying the failure to receive such a license shall be disclosed;
(5) A disclosure of the details of any finding or plea, conviction, or adjudication of guilt in a state or federal court of the vendor for any felony or any other criminal offense other than a traffic violation;
(6) A disclosure of the details of any bankruptcy, insolvency, reorganization, or corporate or individual purchase or takeover of another corporation, including bonded indebtedness, or any pending litigation of the vendor; and
(7) Such additional disclosures and information as the corporation may determine to be appropriate for the procurement involved.
If at least 25 percent of the cost of a vendor's contract is subcontracted, the vendor shall disclose all of the information required by this Code section for the subcontractor as if the subcontractor were itself a vendor.
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(b) A lottery procurement contract shall not be entered into with any lottery system vendor who has not complied with the disclosure requirements described in subsection (a) of this Code section, and any contract with such a vendor is voidable at the option of the corporation. Any contract with a vendor who does not comply with such require ments for periodically updating such disclosures during the tenure of contract as may be specified in such contract may be terminated by the corporation. The provisions of this Code section shall be construed broadly and liberally to achieve the ends of full dis closure of all information necessary to allow for a full and complete evaluation by the corporation of the competence, integrity, background, and character of vendors for major procurements.
(c) A major procurement contract shall not be entered into with any vendor who has been found guilty of a felony related to the security or integrity of the lottery in this or any other jurisdiction.
(d) A major procurement contract shall not be entered into with any vendor if such vendor has an ownership interest in an entity that had supplied consultation services under contract to the corporation regarding the request for proposals pertaining to those particular goods or services.
(e) No lottery system vendor nor any applicant for a major procurement contract may pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service, excluding food and beverages having an aggregate value not exceeding $100.00 in any calendar year, to the chief executive officer, any board mem ber, or any employee of the corporation or to a member of the immediate family residing in the same household as any such person.
50-27-16. (a) (1) Each vendor shall, at the execution of the contract with the cor poration, post a performance bond or letter of credit from a bank or credit provider acceptable to the corporation in an amount as deemed necessary by the corporation for that particular bid or contract. In lieu of the bond, a vendor may, to assure the faithful performance of its obligations, deposit and maintain with the corporation securities that are interest bearing or accruing and that are rated in one of the three highest classifications by an established nationally recognized investment rating ser vice. Securities eligible under this Code section are limited to:
(A) Certificates of deposit issued by solvent banks or savings associations approved by the corporation and which are organized and existing under the laws of this state or under the laws of the United States;
(B) United States bonds, notes, and bills for which the full faith and credit of the government of the United States is pledged for the payment of principal and interest; and
(C) Corporate bonds approved by the corporation. The corporation which issued the bonds shall not be an affiliate or subsidiary of the depositor.
Such securities shall be held in trust and shall have at all times a market value at least equal to the full amount estimated to be paid annually to the lottery vendor under
contract. (2) Because of certain economic considerations, minority businesses may not be
able financially to comply with the bonding, deposit of securities, or letter of credit requirements of paragraph (1) of this subsection. Notwithstanding any other provi sions of this subsection, in order to assure minority participation in major procure ment contracts to the most feasible and practicable extent possible, the chief executive officer is authorized and directed to waive the bonding, deposit of securities, and let ter of credit requirements of paragraph (1) of this subsection for a period of five years from the time that a minority business enters into a major procurement contract for any minority business which substantiates financial hardship pursuant to the policies and procedures established by the board.
(b) Each vendor shall be qualified to do business in this state and shall file appropri ate tax returns as provided by the laws of this state. All contracts under this Code sec tion shall be governed by the laws of this state.
(c) No contract shall be let with any vendor in which a public official, as defined by Code Section 45-10-20, has an ownership interest of 10 percent or more.
MONDAY, MARCH 30, 1992
4051
(d) All major procurement contracts must be competitively bid pursuant to policies and procedures approved by the board unless there is only one qualified vendor and that vendor has an exclusive right to offer the service or product.
50-27-17. (a) The General Assembly recognizes that to conduct a successful lottery, the corporation must develop and maintain a state-wide network of lottery retailers that will serve the public convenience and promote the sale of tickets or shares and the play ing of lottery games while ensuring the integrity of the lottery operations, games, and activities.
(b) The corporation must make every effort to provide small retailers a chance to participate in the sales of lottery tickets or shares.
(c) The corporation shall provide for compensation to lottery retailers in the form of commissions in an amount of not less than 5 percent of gross sales and may provide for other forms of compensation for services rendered in the sale or cashing of lottery tick ets or shares.
(d) The corporation shall issue a certificate of authority to each person with whom it contracts as a retailer for purposes of display. Every lottery retailer shall post and keep conspicuously displayed in a location on the premises accessible to the public its certificate of authority. No certificate shall be assignable or transferable.
(e) The board shall develop a list of objective criteria upon which the qualification
of lottery retailers shall be based. Separate criteria shall be developed to govern the selection of retailers of instant tickets and on-line retailers. In developing these criteria, the board shall consider such factors as the applicant's financial responsibility, security of the applicant's place of business or activity, accessibility to the public, integrity, and
reputation. The board shall not consider political affiliation, activities, or monetary con tributions to political organizations or candidates for any public office. The criteria shall
include but not be limited to the following: (1) The applicant shall be current in filing all applicable tax returns to the State
of Georgia and in payment of all taxes, interest, and penalties owed to the State of Georgia, excluding items under formal appeal pursuant to applicable statutes. The
Department of Revenue is authorized and directed to provide this information to the corporation;
(2) No person, partnership, unincorporated association, corporation, or other busi
ness entity shall be selected as a lottery retailer who: (A) Has been convicted of a criminal offense related to the security or integrity
of the lottery in this or any other jurisdiction; (B) Has been convicted of any illegal gambling activity, false statements, false
swearing, or perjury in this or any other jurisdiction or convicted of any crime pun ishable by more than one year of imprisonment or a fine of more than $1,000.00 or
both; (C) Has been found to have violated the provisions of this chapter or any regula
tion, policy, or procedure of the corporation unless either ten years have passed since the violation or the board finds the violation both minor and unintentional in nature;
(D) Is a vendor or any employee or agent of any vendor doing business with the corporation;
(E) Resides in the same household as an officer of the corporation; (F) Has made a statement of material fact to the corporation knowing such statement to be false; or
(G) Is engaged exclusively in the business of selling lottery tickets or shares; pro vided, however, that this subsection shall not preclude the corporation from selling
or giving away lottery tickets or shares for promotional purposes; (3) Persons applying to become lottery retailers shall be charged a uniform appli cation fee for each lottery outlet. Retailers who participate in on-line games shall be
charged a uniform application fee for each on-line outlet; (4) Any lottery retailer contract executed pursuant to this Code section may, for
good cause, be suspended, revoked, or terminated by the chief executive officer or his designee if the retailer is found to have violated any provision of this chapter or objec tive criteria established by the board. Review of such activities shall be in accordance
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with the procedures outlined in this chapter and shall not be subject to Chapter 13 of this title, the 'Georgia Administrative Procedure Act'; and
(5) All lottery retailer contracts may be renewable annually in the discretion of the corporation unless sooner canceled or terminated. (f) No lottery retailer or applicant to be a lottery retailer shall pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or ser vice, excluding food and beverages having an aggregate value not exceeding $100.00 in any calendar year, to the chief executive officer, any board member, or any employee of the corporation or to a member of the immediate family residing in the same house hold as any such person. 50-27-18. (a) No lottery retailer contract shall be transferable or assignable. No lot tery retailer shall contract with any person for lottery goods or services except with the approval of the board. (b) Lottery tickets and shares shall only be sold by the retailer stated on the lottery retailer certificate. 50-27-19. In lieu of any bonding requirement for lottery retailers, the board shall establish a fidelity fund separate from all other funds and shall assess each retailer a one-time fee not to exceed $100.00 per sales location. Any losses the corporation experi ences due to the misfeasance or malfeasance of a lottery retailer shall be paid out of the fidelity fund. The director is authorized to invest the funds in the fidelity fund or to place such funds in one or more interest-bearing accounts. At the end of each fiscal year, the director shall pay to the general lottery fund any amount in the fidelity fund which exceeds $500,000.00, and such funds shall be commingled with and treated as net proceeds from the lottery. Any time the balance in the fidelity fund falls below $250,000.00, the director is authorized to assess each lottery retailer an amount not to exceed $50.00 per sales location every six months to replenish the fund. Notwithstanding any other provision of this Code section to the contrary, the corporation is authorized to make such assessment to each retailer in any amount necessary to keep the fidelity fund fiscally sound. 50-27-20. (a) Any retail contract executed by the corporation pursuant to this chap ter shall specify the reasons for which a contract may be canceled, suspended, revoked, or terminated by the corporation, which reasons shall include but not be limited to:
(1) Commission of a violation of this chapter, a regulation, or a policy or procedure of the corporation;
(2) Failure to accurately or timely account for lottery tickets, lottery games, reve nues, or prizes as required by the corporation;
(3) Commission of any fraud, deceit, or misrepresentation;
(4) Insufficient sales;
(5) Conduct prejudicial to public confidence in the lottery;
(6) The retailer filing for or being placed in bankruptcy or receivership;
(7) Any material change as determined in the sole discretion of the corporation in any matter considered by the corporation in executing the contract with the retailer; or
(8) Failure to meet any of the objective criteria established by the corporation pur suant to this chapter.
(b) If, in the discretion of the chief executive officer or his designee cancellation, denial, revocation, suspension, or rejection of renewal of a lottery retailer contract is in the best interest of the lottery, the public welfare, or the State of Georgia, the chief executive officer or his designee may cancel, suspend, revoke, or terminate, after notice and a right to a hearing, any contract issued pursuant to this chapter. Such contract may, however, be temporarily suspended by the chief executive officer or his designee without prior notice pending any prosecution, hearing, or investigation, whether by a third party or by the chief executive officer. A contract may be suspended, revoked, or terminated by the chief executive officer or his designee for any one or more of the rea sons enumerated in this Code section. Any hearing held shall be conducted by the chief executive officer or his designee. A party to the contract aggrieved by the decision of the chief executive officer or his designee may appeal the adverse decision to the board.
MONDAY, MARCH 30, 1992
4053
Such appeal shall be pursuant to the regulations, policies, and procedures set by the board and is not subject to Chapter 13 of this title, the 'Georgia Administrative Proce dure Act.'
50-27-21. (a) All proceeds from the sale of the lottery tickets or shares shall consti tute a trust fund until paid to the corporation either directly or through the corpora tion's authorized collection representative. A lottery retailer and officers of a lottery retailer's business shall have a fiduciary duty to preserve and account for lottery pro ceeds and lottery retailers shall be personally liable for all proceeds. Proceeds shall include unsold instant tickets received by a lottery retailer and cash proceeds of the sale of any lottery products, net of allowable sales commissions and credit for lottery prizes sold to or paid to winners by lottery retailers. Sales proceeds and unused instant tickets shall be delivered to the corporation or its authorized collection representative upon demand.
(b) The corporation shall require retailers to place all lottery proceeds due the corpo ration in accounts in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the retailer until the date they are paid over to the corporation. At the time of such deposit, lottery proceeds shall be deemed to be the property of the corporation. The corporation may require a retailer to establish a single separate electronic funds transfer account where available for the purpose of receiving moneys from ticket or share sales, making payments to the corporation, and receiving payments for the corporation. Unless other wise authorized in writing by the corporation, each lottery retailer shall establish a sepa rate bank account for lottery proceeds which shall be kept separate and apart from all other funds and assets and shall not be commingled with any other funds or assets.
(c) Whenever any person who receives proceeds from the sale of lottery tickets or shares in the capacity of a lottery retailer becomes insolvent or dies insolvent, the pro ceeds due the corporation from such person or his estate shall have preference over all debts or demands.
50-27-22. If a lottery retailer's rental payments for the business premises are contrac tually computed, in whole or in part, on the basis of a percentage of retail sales and such computation of retail sales is not explicitly defined to include sales of tickets or shares in a state operated or state managed lottery, only the compensation received by the lottery retailer from the corporation may be considered the amount of the lottery retail sale for purposes of computing the rental payment.
50-27-23. (a) No person shall sell a ticket or share at a price other than established by the corporation unless authorized in writing by the chief executive officer. No person other than a duly certified lottery retailer shall sell lottery tickets, but this subsection shall not be construed to prevent a person who may lawfully purchase tickets or shares
from making a gift of lottery tickets or shares to another. Nothing in this chapter shall be construed to prohibit the corporation from designating certain of its agents and
employees to sell or give lottery tickets or shares directly to the public. (b) Lottery tickets or shares may be given by merchants as a means of promoting
goods or services to customers or prospective customers subject to prior approval by the corporation.
(c) No lottery retailer shall sell a lottery ticket or share except from the locations
listed in his contract and as evidenced by his certificate of authorization unless the cor poration authorizes in writing any temporary location not listed in his contract.
(d) No lottery tickets or shares shall be sold to persons under 18 years of age, but this Code section does not prohibit the purchase of a lottery ticket or share by a person
18 years of age or older for the purpose of making a gift to any person of any age. In such case, the corporation shall direct payment of proceeds of any lottery prize to an
adult member of the person's family or a legal representative of the person on behalf of such person. The person named as custodian shall have the same powers and duties
as prescribed for a custodian pursuant to Article 5 of Chapter 5 of Title 44. 50-27-24. (a) Proceeds of any lottery prize shall be subject to the Georgia state
income tax.
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(b) Any attachments, garnishments, or executions authorized and issued pursuant to law shall be withheld if timely served upon the corporation. This subsection shall not apply to a retailer.
(c) The corporation shall adopt regulations, policies, and procedures to establish a system of verifying the validity of tickets or shares claimed to win prizes and to effect payment of such prizes, except that:
(1) No prize, any portion of a prize, or any right of any person to a prize awarded shall be assignable. Any prize or any portion of a prize remaining unpaid at the death of a prize winner shall be paid to the estate of the deceased prize winner or to the trustee of a trust established by the deceased prize winner as settlor if a copy of the trust document or instrument has been filed with the corporation along with a nota rized letter of direction from the settlor and no written notice of revocation has been received by the corporation prior to the settlor's death. Following a settlor's death and prior to any payment to such a successor trustee, the corporation shall obtain from the trustee a written agreement to idemnify and hold the corporation harmless with respect to any claims that may be asserted against the corporation arising from pay ment to or through the trust. Notwithstanding any other provisions of this Code sec tion, any person, pursuant to an appropriate judicial order, shall be paid the prize to which a winner is entitled;
(2) No prize shall be paid arising from claimed tickets that are stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received, or not recorded by the corporation within applicable deadlines; lacking in captions that conform and agree with the play symbols as appropriate to the particular lottery game involved; or not in compliance with such additional specific regulations and public or confidential validation and security tests of the corporation appropriate to the particu lar lottery game involved;
(3) No particular prize in any lottery game shall be paid more than once, and in the event of a determination that more than one claimant is entitled to a particular prize, the sole remedy of such claimants is the award to each of them of an equal share in the prize; and
(4) A holder of a winning cash ticket or share from a lottery game shall claim a cash prize within 180 days, or for a multistate or multisovereign lottery game within 180 days, after the drawing in which the cash prize was won. In any Georgia lottery game in which the player may determine instantly if he has won or lost, he shall claim a cash prize within 90 days, or for a multistate lottery game within 180 days, after the end of the lottery game. If a valid claim is not made for a cash prize within the applicable period, the cash prize shall constitute an unclaimed prize for purposes of Code Section 50-27-24.
(d) No prize shall be paid upon a ticket or share purchased or sold in violation of this chapter. Any such prize shall constitute an unclaimed prize for purposes of this Code section.
(e) The corporation is discharged of all liability upon payment of a prize.
(f) No ticket or share shall be purchased by and no prize shall be paid to any mem ber of the board of directors; any officer or employee of the corporation; or to any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of any such person. No ticket or share shall be pur chased by and no prize shall be paid to any officer, employee, agent, or subcontractor of any vendor or to any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of any such person if such offi cer, employee, agent, or subcontractor has access to confidential information which may compromise the integrity of the lottery.
(g) No lottery game utilizing an electronic or mechanical machine may use a machine which dispenses coins or currency.
(h) Unclaimed prize money shall not constitute net lottery proceeds. A portion of unclaimed prize money, not to exceed $200,000.00 annually, shall be directed to the Department of Human Resources for the treatment of compulsive gambling disorder and educational programs related to such disorder. In addition, unclaimed prize money may
MONDAY, MARCH 30, 1992
4055
be added to the pool from which future prizes are to be awarded or used for special prize promotions.
50-27-25. (a) Except as authorized in this chapter, the corporation is subject to the provisions of Article 4 of Chapter 18 of this title and Chapter 14 of this title. The corpo ration is specifically authorized to determine which information relating to the operation of the lottery is confidential. Such information includes trade secrets; security measures, systems, or procedures; security reports; information concerning bids or other contrac tual data, the disclosure of which would impair the efforts of the corporation to contract for goods or services on favorable terms; employee personnel information unrelated to compensation, duties, qualifications, or responsibilities; and information obtained pursu ant to investigations which is otherwise confidential. Information deemed confidential pursuant to this Code section is exempt from the provisions of Article 4 of Chapter 18 of this title. Meetings or portions of meetings devoted to discussing information deemed confidential pursuant to this Code section are exempt from Chapter 14 of this title.
(b) The corporation shall perform full criminal background investigations prior to
the execution of any vendor contract. (c) The corporation or its authorized agent shall: (1) Conduct criminal background investigations and credit investigations on all potential retailers;
(2) Supervise ticket or share validation and lottery drawings; (3) Inspect at times determined solely by the corporation the facilities of any ven dor or lottery retailer in order to determine the integrity of the vendor's product or
the operations of the retailer in order to determine whether the vendor or the retailer is in compliance with its contract;
(4) Report any suspected violations of this chapter to the appropriate district attorney or the Attorney General and to any law enforcement agencies having jurisdic tion over the violation; and
(5) Upon request, provide assistance to any district attorney, the Attorney General, or a law enforcement agency investigating a violation of this chapter. 50-27-26. Any person who knowingly sells a lottery ticket or share to a person under
18 years of age or permits a person under 18 years of age to play any lottery games shall be fined not less than $100.00 nor more than $500.00 for the first offense and for each
subsequent offense not less than $200.00 nor more than $1,000.00. It shall be an affirma
tive defense to a charge of a violation under this Code section that the retailer reason ably and in good faith relied upon representation of proof of age in making the sale.
50-27-27. (a) Any person who, with intent to defraud, falsely makes, alters, forges,
utters, passes, or counterfeits a state lottery ticket shall be punished by a fine not to exceed $50,000.00 or imprisonment for not longer than five years or both.
(b) Any person who influences or attempts to influence the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery equipment or
materials shall be punished by a fine not to exceed $50,000.00 or by imprisonment for not longer than five years or both.
50-27-28. No person shall knowingly or intentionally make a material false statement in any application for a license or proposal to conduct lottery activities or make a mate
rial false entry in any book or record which is compiled or maintained or submitted to the board pursuant to the provisions of this chapter. Any person who violates the provi
sions of this Code section shall be punished by a fine not to exceed $25,000.00 or the dollar amount of the false entry or statement, whichever is greater, or by imprisonment for not longer than five years or both.
50-27-29. (a) The corporation may enter into intelligence sharing, reciprocal use, or restricted use agreements with the federal government, law enforcement agencies, lottery regulation agencies, and gaming enforcement agencies of other jurisdictions which pro
vide for and regulate the use of information provided and received pursuant to the agreement.
(b) Records, documents, and information in the possession of the corporation received pursuant to an intelligence-sharing, reciprocal use, or restricted use agreement entered into by the corporation with a federal department or agency, any law enforce
ment agency, or the lottery regulation or gaming enforcement agency of any jurisdiction
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shall be considered investigative records of a law enforcement agency and are not subject to Article 4 of Chapter 18 of this title and shall not be released under any condition without the permission of the person or agency providing the record or information.
50-27-30. (a) The corporation shall enter into its contracts for major procurements after competitive bidding. The requirement for competitive bidding does not apply in the case of a single vendor having exclusive rights to offer a particular service or product. Procedures adopted by the board shall be designed to allow the selection of proposals that provide the greatest long-term benefit to the state, the greatest integrity for the corporation, and the best service and products for the public.
(b) In any bidding process, the corporation may administer its own bidding and pro curement or may utilize the services of the Department of Administrative Services or other state agency or subdivision thereof.
50-27-31. (a) Any retailer, vendor, or applicant for a retailer or vendor contract aggrieved by an action of the board may appeal that decision to the Superior Court of Fulton County.
(b) The Superior Court of Fulton County shall hear appeals from decisions of the board and based upon the record of the proceedings before the board may reverse the decision of the board only if the appellant proves the decision to be:
(1) Clearly erroneous; (2) Arbitrary and capricious; (3) Procured by fraud; (4) A result of substantial misconduct by the board; or (5) Contrary to the United States Constitution or the Constitution of Georgia or the provisions of this chapter. (c) The superior court may remand an appeal to the board to conduct further hear ings. (d) Any person who appeals the award of a major procurement contract for the sup ply of a lottery ticket system, share system, or an on-line or other mechanical or elec tronic system shall be liable for all costs of appeal and defense in the event the appeal is denied or the contract award upheld. Cost of appeal and defense shall specifically include but not be limited to court costs, bond, legal fees, and loss of income to the cor poration resulting from institution of the appeal if, upon the motion of the corporation, the court finds the appeal to have been frivolous.
50-27-32. (a) The corporation may borrow, or accept and expend, in accordance with the provisions of this chapter, such moneys as may be received from any source, including income from the corporation's operations, for effectuating its corporate pur poses, including the payment of the initial expenses of initiation, administration, and operation of the corporation and the lottery.
(b) Any debt of the corporation may be validated pursuant to the provisions of sub section (e) of Code Section 50-17-25, and the provisions of such subsection relating to the State Financing and Investment Commission shall be deemed to apply to the corpo ration.
(c) The corporation shall be self-sustaining and self-funded. Moneys in the state gen eral fund shall not be used or obligated to pay the expenses of the corporation or prizes of the lottery, and no claim for the payment of an expense of the lottery or prizes of the lottery may be made against any moneys other than moneys credited to the corpora tion operating account.
(d) The corporation may purchase, lease, or lease-purchase such goods or services as are necessary for effectuating the purposes of this chapter. The corporation may make procurements which integrate functions such as lottery game design, lottery ticket distri bution to retailers, supply of goods and services, and advertising. In all procurement decisions, the corporation shall take into account the particularly sensitive nature of the state lottery and shall act to promote and ensure security, honesty, fairness, and integ rity in the operation and administration of the lottery and the objectives of raising net proceeds for the benefit of educational programs and purposes.
50-27-33. (a) To ensure the financial integrity of the lottery, the corporation through its board of directors shall:
MONDAY, MARCH 30, 1992
4057
(1) Submit quarterly and annual reports to the Governor, state auditor, and the oversight committee created by Code Section 50-27-34, disclosing the total lottery rev enues, prize disbursements, operating expenses, and administrative expenses of the corporation during the reporting period. The annual report shall additionally describe the organizational structure of the corporation and summarize the functions performed by each organizational division within the corporation;
(2) Adopt a system of internal audits; (3) Maintain weekly or more frequent records of lottery transactions, including the distribution of tickets or shares to retailers, revenues received, claims for prizes, prizes paid, prizes forfeited, and other financial transactions of the corporation; (4) Contract with a certified public accountant or firm for an annual financial audit of the corporation. The certified public accountant or firm shall have no finan cial interest in any vendor with whom the corporation is under contract. The certified public accountant or firm shall present an audit report not later than seven months after the end of the fiscal year. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit shall be an operating expense of the corporation. The state auditor may at any time conduct an audit of any phase of the operations of the Georgia Lot tery Corporation at the expense of the state and shall receive a copy of the annual independent financial audit. A copy of any audit performed by the certified public accountant or firm or the state auditor shall be transmitted to the Governor, the Lieu tenant Governor, and the Speaker of the House of Representatives, the state auditor, and the oversight committee chairperson; (5) Submit to the Office of Planning and Budget and the state auditor by June 30 of each year a copy of the annual operating budget for the corporation for the next fiscal year. This annual operating budget shall be approved by the board and be on such forms as prescribed by the Office of Planning and Budget; (6) For informational purposes only, submit to the Office of Planning and Budget on September 1 of each year a proposed operating budget for the corporation for the succeeding fiscal year. This budget proposal shall also be accompanied by an estimate of the net proceeds to be deposited into the Lottery for Education Account during the succeeding fiscal year. This budget shall be on such forms as prescribed by the Office of Planning and Budget; and (7) Adopt the same fiscal year as that used by state government. 50-27-34. (a) There is created as a joint committee of the General Assembly the Georgia Lottery Corporation Legislative Oversight Committee, to be composed of the members of the House Committee on Industry and the Senate Committee on Economic Development. The chairmen of such committees shall serve as cochairmen of the over sight committee. The oversight committee shall periodically inquire into and review the operations of the Georgia Lottery Corporation, as well as periodically review and evalu ate the success with which the authority is accomplishing its statutory duties and func tions as provided in this chapter. The oversight committee may conduct any independent audit or investigation of the authority it deems necessary. (b) The Georgia Lottery Corporation shall provide the oversight committee not later than December 1 of each year with a complete report of the level of participation of minority businesses in all retail and major procurement contracts awarded by the corpo ration."
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional.
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Section 4. This Act shall become effective upon ratification by the voters of this state at the 1992 November general election of that proposed amendment to Article I, Sec tion II of the Constitution authorizing the General Assembly to provide by law for a lot tery or lotteries run by or on behalf of the state; provided, however, that if such amendment is not so ratified, this Act shall be null and void and shall stand repealed in its entirety; and provided, further, that the portion of Section 2 of this Act which enacts Code Sections 50-27-5 and 50-27-6 shall become effective upon approval by the Governor or upon this Act becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Porter of the 119th moved that the House agree to the Senate substi tute to HB 1541.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams N Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron N Barnett.B N Barnett,M
Y Bates N Beatty Y Benefield Y Birdsong
Blitch
Y Bordeaux N Bostick Y Branch
Y Breedlove Y Brooks Y Brown N Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty N Carrell Y Carter N Cauthorn N Chafin Y Chambless
N Cheeks N Childers
N Clark.E N Clark.L Y Coker N Coleman
Colwell Y Connell N Culbreth Y Cummings.B
Cummings.M
Y Davis.D Y Davis.G N Davis.M Y Dixon.H
Dixon.S YDobbs N Dover Y Dunn Y Edwards Y Elliott N Felton
Fennel
Y Floyd,J.M Y Floyd.J.W
Y Flynt Y Godbee
Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover E Hamilton
N Hammond Manner
Y Harris.B N Harris,J
N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard N Hudson N Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston N Klein YLadd N Lane,D Y Lane.R N Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas NMann Y Martin
McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam
Y Mills N Mobley N Moody N Morsberger
Moultrie N Mueller Y Oliver.C N Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote
N Perry Y Pettit
Pinholster Y Pinkston NPoag Y Porter
Poston Y Powell.A Y Powell.C N Presley N Purcell N Randall
YRay Y Reaves
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 Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus N Tolbert
Townsend Y Turnquest N Twiggs
Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson N Watts Y White N Wilder N Williams.B
Williams.J Y Williams.R N Yeargin
Murphy ,Spkr
On the motion, the ayes were 113, nays 48. The motion prevailed.
Representatives Poston of the 2nd, Cummings of the 134th and Fennel of the 155th 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 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.
Representatives Poag of the 3rd and Harris of the 96th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
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HB 1497.
By Representatives Buck of the 95th, Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Article 1 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food and beverage standards and labeling in general, so as to define the term "spring water".
The following Senate amendments were read:
SENATE AMENDMENT No. 1
Amend HB 1497 by adding on line 19 of page 1, immediately following the word "hole" the following:
"into the same underground water-bearing zone".
SENATE AMENDMENT No. 2
Amend HB 1497 by adding on line 23 of page 1 immediately before the word "compo sition" the word "chemical".
Representative Buck of the 95th moved that the House agree to the Senate amend ments to HB 1497.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams N Aiken
Alford
N Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B N Barnett.M Y Bates N Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch N Breedlove N Brooks
Brown Y Brush YBuck
Y Buckner Byrd
N Campbell
N Canty Y Carrell
Y Carter Y Cauthorn
Y Chafin Y Chambless N Cheeks N Childers
Y Clark.E N Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D Y Davis.G N Davis.M
Y Dixon.H Dixon.S
Y Dobbs Y Dover
N Dunn Y Edwards N Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W N Flynt Y Godbee Y Golden N Goodwin E Green Y Greene N Griffin Y Groover E Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J
N Heard
Y Henson Y Herbert N Holland
N Holmes Y Howard Y Hudson N Irwin N Jackson
Jamieson N Jenkins N Jones N Kilgore YKing N Kingston
Y Klein NLadd Y Lane.D
Y Lane.R Langford
N Lawrence N Lawson YLee Y Long
Lord Y Lucas NMann Y Martin N McBee Y McCoy N McKelvey N McKinney.B N McKinney.C N Meadows N Merritt N Milam
On the motion, the ayes were 90, nays 64. The Chair votes "aye".
N Mills
N Mobley N Moody N Morsberger
Moultrie N Mueller Y Oliver.C Y Oliver.M NOrr
Orrock
Y Padgett Y Parham Y Parrish
Patten N Pelote N Perry
Pettit N Pinholster Y Pinkston N Poag
Porter Poston N Powell,A N Powell.C N Presley Y Purcell Y Randall
NRay Y Reaves
Redding N Ricketson Y Royal Y Selman N Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L N Smith.P
Smith.T Y Smith.W
Y Smyre Y Snow Y Stancil.F N Stancil.S
N Stanley Y Streat Y Taylor N Teper Y Thomas,C N Thomas.M Y Thomas.N Y Thurmond
Titus N Tolbert
N Townsend Turnquest
Y Twiggs Valenti
Y Vaughan Walker.J
Y Walker.L Y Wall Y Watson Y Watts N White N Wilder N Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
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JOURNAL OF THE HOUSE,
The ayes were 91, nays 64. The motion prevailed.
Representative Brown of the 88th 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 Orr of the 9th moved that the House reconsider its action in adopting the Senate amendments.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy N Adams
N Aiken Alford
Y Ashe N Atkins
Baker N Balkcom N Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch Y Bordeaux N Bostick N Branch Y Breedlove Y Brooks N Brown N Brush N Buck N Buckner N Byrd Y Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B
Cummings.M Davis.D N Davis.G Y Davis.M N Dixon.H Dixon.S N Dobbs N Dover N Dunn N Edwards Y Elliott N Felton N Fennel N Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin N Groover E Hamilton Y Hammond N Manner N Harris.B N Harris.J
Y Heard Y Henson Y Herbert N Holland Y Holmes N Howard N Hudson Y Irwin
Jackson Jamieson Jenkins Y Jones N Kilgore NKing Y Kingston N Klein YLadd
N Lane.D N Lane.R
Langford Y Lawrence Y Lawson NLee N Long
Lord N Lucas YMann N Martin N McBee N McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam
On the motion, the ayes were 57, nays 90. The motion was lost.
Y Mills
N Mobley Moody
Y Morsberger Moultrie
Y Mueller N Oliver.C N Oliver.M YOrr
Orrock Y Padgett N Parham N Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster N Pinkston YPoag
Porter
N Poston Y Powell,A Y Powell.C Y Presley N Purcell N Randall
Ray N Reaves
Redding N Ricketson N Royal N Selman Y Sherrill N Simpson
Sinkfield
N Skipper
Y Smith.L Y Smith,?
Smith.T
N Smith.W
N Smyre Snow
N Stancil.F Y Stancil.S N Stanley N Streat N Taylor Y Teper
N Thomas.C Y Thomas,M
Thomas.N Thurmond
Titus Y Tolbert
Y Townsend Turnquest
N Twiggs Valenti
N Vaughan Walker.J
N Walker.L
N Wall N Watson N Watts Y White Y Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy,Spkr
HB 1812. By Representatives Groover of the 99th, Kilgore of the 42nd, Walker of the 115th, Irwin of the 57th, Sinkfield of the 37th and others:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for personnel of local school systems.
The following Senate substitute was read:
A BILL
To amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to teachers and other school personnel, so as to provide for legislative
MONDAY, MARCH 30, 1992
4061
intent; to provide for definitions; to provide for appeals; to provide for complaints; to pro vide for minimum requirements; to provide for complaint policies; to provide for applica bility; 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 17 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to teachers and other school personnel, is amended by adding immediately following Part 10 a new Part 11 to read as follows:
"Part 11
20-2-989.5. (a) It is the intent of this part to resolve problems at the lowest possible organizational level with a minimum of conflict and formal proceedings so that good morale may be maintained, effective job performance may be enhanced, and the citizens of the community may be better served. These procedures require local units of adminis tration to implement a simple, expeditious, and fair process for resolving problems at the lowest administrative level.
(b) All local units of administration shall adopt a complaints policy for certified per sonnel that shall contain the definitions and standards provided in this part.
20-2-989.6. As used in this part, the term: (1) 'Administrator' means the individual at each level, if applicable, designated by
the local unit of administration to preside over and make decisions with respect to complaints.
(2) 'Central office administrator' means the local school system superintendent or the director of a Regional Education Service Agency (RESA).
(3) 'Complaint' means any claim by a certified employee of any local unit of administration who is affected in his or her employment relationship by an alleged violation or misapplication of statutes, policies, rules, or regulations with which the local unit of administration is required to comply. 20-2-989.7. (a) Personnel evaluations and professional development plans pursuant to Code Section 20-2-210 and job performance shall not be subject to complaint under the provisions of this part. The termination, nonrenewal, demotion, suspension, or repri mand of any employee, as set forth in Code Section 20-2-940, and the revocation, sus pension, or denial of certificates of any employee, as set forth in Code Section 20-2-790, shall not be subject to complaint under the provisions of this part. Complaints with respect to the employment contract shall not be subject to complaint under this part. (b) A certified employee who chooses to appeal under Code Section 20-2-1160 shall be barred from pursuing the same complaint under this part. 20-2-989.8. Local units of administration shall establish a complaint policy that shall include the following:
(1) A statement that a complaint by the certified employee at the initial level shall be in writing and shall clearly state the intent of the employee to access the com plaints policy. All certified employees shall request in writing successive levels of review;
(2) A method and time frame of ten days for filing complaints and appeals, includ ing successive levels of appeal, if any, from the complainant's immediate supervisor to the board of the local unit of administration; however, in no instance shall there be more than ten calendar days between the alleged act about which a complaint may be filed and the first written notice of complaint nor shall there be more than ten cal endar days between an administrative decision at any level and an appeal to the next level. In no instance may the time frame from the notice of the initial request from the complainant for the hearing or meeting to the final decision made by the local unit of administration be more than 60 calendar days;
(3) A statement concerning the manner in which notice of the initial hearing and appeals shall be given;
(4) A statement that the complainant shall be entitled to an opportunity to be heard, to present relevant evidence, and to examine witnesses at each level;
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(5) A provision whereby the complainant is entitled to the presence of an individ ual of his or her choice to assist in the presentation of the complaint to the central office administrator and at the local unit of administration level. The policy shall also include a provision whereby the presence of any individual other than the complainant and the administrator at any lower level is specifically prohibited. At the local unit of administration level nothing shall prevent the local unit from having an attorney present to serve as the law officer who shall rule on issues of law and who shall not participate in the presentation of the case for the administrator or the complainant;
(6) Provisions for keeping accurate minutes and preserving all evidence and for making these available to the parties involved but does not permit the presence of a third person for the Level I proceeding;
(7) A statement that the complainant cannot present additional evidence at each level of the complaint process, unless it is determined by the administrator presiding over the complaint that such evidence is relevant to the issues presented at the initial hearing and such evidence was either not made available by the administration or not discoverable by the complainant. Any time a complainant is permitted to present additional evidence that was not presented at any prior level and it is determined that such evidence might have produced a different decision on the complaint, then the complaint may be remanded to the previous level with 10 calendar days allowed for reconsideration. The board of the local unit of administration, when hearing an appeal from a prior complaint level, shall be entitled to hear the complaint de novo;
(8) A statement that each decision be made in writing and dated. Each decision shall contain findings of fact and reasons for the particular resolution reached. The decision reached at each complaint level shall be sent to the complainant by certified mail or hand delivered by a person designated by the superintendent or the Regional Education Services Agency director within 20 days of the decision;
(9) A provision that all costs and fees shall be borne by the party incurring them unless otherwise agreed upon by the parties involved; and
(10) A statement that a complainant shall not be the subject of any reprisal as a result of filing a complaint under this part. Should any reprisal occur, the complainant may refer the matter to the Professional Practices Commission. 20-2-989.9. Except as provided in paragraph (5) of Code Section 20-2-989.8, nothing in this part shall be construed to prevent a local unit of administration from adopting supplemental rules and policies that grant additional substantive and procedural rights with respect to Code Section 20-2-989.8. 20-2-989.10. Nothing in this part shall be construed to permit or foster collective bar gaining as part of the state rules or local unit of administration policies. 20-2-989.11. Appeals from the decision of the local unit of administration to the Georgia Board of Education shall be governed by state board policy and Code Section 20-2-1160."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Groover of the 99th moved that the House disagree to the Senate sub stitute to HB 1812.
The motion prevailed.
The Speaker Pro Tern assumed the Chair.
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 Anno tated, relating to waste management, so as to provide for the regulation of toxic heavy metals in packaging waste.
The following Senate amendment was read:
MONDAY, MARCH 30, 1992
4063
Amend HB 124 by striking on line 3 of page 5 the word "or".
By striking on line 7 of page 5 the symbol "." and inserting in lieu thereof the symbol and word "; or".
By inserting immediately following line 7 of page 5 the following:
"(4) All alcohol products bottled prior to January 1, 1994."
Representative Dobbs of the 74th moved that the House agree to the Senate amend ment to HB 124.
On the motion, the ayes were 102, nays 2.
The motion prevailed.
HB 1640.
By Representatives Bordeaux of the 122nd, Lucas of the 102nd, Stanley of the 33rd, Connell of the 87th and Oliver of the 53rd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to prohibit unlicensed personal care home operators from making certain representations regarding services.
The following Senate substitute was read:
A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to prohibit unlicensed personal care home operators from making certain representations regarding services; to prohibit licensed personal care home operators from making certain representations regarding scope of care provided without specific authorization; to provide for jurisdiction; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, the "Fair Business Practices Act of 1975," is amended by striking from subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in con sumer transactions, the word "or" at the end of paragraph (24) and by striking the period at the end of paragraph (25) and inserting in lieu thereof "; or" and by inserting a new paragraph (26) to read as follows:
"(26) With respect to any individual or facility providing personal care services: (A) Any person or entity not duly licensed or registered as a personal care home
formally or informally offering, advertising to, or soliciting the public for residents or referrals;
(B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, offering, advertising, or soliciting the public to provide services:
(i) Which are outside the scope of personal care services; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home for ser vices authorized by the Department of Human Resources under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4; (C) For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care includ ing medical and nursing services.
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The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Bordeaux of the 122nd moved that the House agree to the Senate sub stitute to HB 1640.
On the motion, the ayes were 100, nays 7.
The motion prevailed.
Representative Colwell of the 4th moved to postpone SB 678 until the next legislative day immediately following the period of unanimous consents.
The motion prevailed.
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 2166 Do Pass, by Substitute HB 2167 Do Pass, by Substitute SB 682 Do Pass SB 690 Do Pass SB 742 Do Pass SB 794 Do Pass SB 804 Do Pass SB 827 Do Pass SB 832 Do Pass
SB 838 Do Pass SB 851 Do Pass SB 859 Do Pass SB 860 Do Pass SB 863 Do Pass SB 864 Do Pass SB 858 Do Pass SB 691 Do Pass SB 692 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 2166. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act relating to the Board of Education of Newton County, so as to change the description of the districts from which members of the board are elected.
The following Committee substitute was read and adopted:
A BILL
To amend an Act relating to the Board of Education of Newton County, approved March 31, 1967 (Ga. L, 1967, p. 2405), as amended, particularly by an Act approved March 31, 1976 (Ga. L, 1976 p. 3505), and an Act approved January 27, 1984 (Ga. L, 1984, p. 3501), so as to change the description of the districts from which members of the board
MONDAY, MARCH 30, 1992
4065
are elected; to provide for elections and terms; to provide that members shall complete the terms for which they were elected; to provide for submissions and automatic repeals; to invalidate certain certifications of political party candidates and certain notices of candi dacy in the event of a certain contingency; to provide for a special primary election, special run-off election; and special election; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the Board of Education of Newton County, approved March 31, 1967 (Ga. L, 1967, p. 2405), as amended, particularly by an Act approved March 31, 1976 (Ga. L, 1976 p. 3505), and an Act approved January 27, 1984 (Ga. L, 1984, p. 3501), is amended by striking Section 1 thereof and inserting in its place a new section to read as follows:
"Section 1. (a) The board of education of Newton County shall be composed of five members. For the purposes of electing members of the board, the Newton County School District is divided into five education districts as follows:
Education District: 1
NEWTON COUNTY VTD: 0004 BREWERS VTD: 0005 BRICK STORE VTD: 0009 MANSFIELD VTD: 0010 NEWBORN VTD: 0012 ROCKY PLAINS VTD: 0014 LEGUIN
Education District: 2
NEWTON COUNTY VTD: 0006 CEDAR SHOALS (Part) Tract: 1005. Block(s): 166A, 167, 168A, 177, 178A, 178B, 179, 180, 181, 182, 183A, 183B, 184, 185, 187 Tract: 1006. Block(s): 118B, 118C, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149A, 149B, 150, 151, 152, 153A, 153B, 159A, 159B, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188 Tract: 1009. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212 VTD: 0007 DOWNS VTD: 0013 STANSELL
Education District: 3
NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1005. Block(s): 103 VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS (Part) Tract: 1001. Block(s): 216A, 217A, 218, 220A, 222A, 225A, 232A, 234, 235A, 235B, 236A, 242A, 243 Tract: 1004.
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Block(s): 101A, 101C, 101D, 102A, 102B VTD: 0008 GUM CREEK VTD: 0011 OXFORD
Education District: 4
NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1004. Block(s): HOB, 126A, 126B, 126D, 127B, 136, 137, 138, 139A, 139B, 140A, 140B, 141A, 141B, 142A, 142B, 143, 144, 145A, 145B, 146A, 146B, 155A, 156, 157, 158, 159, 160A, 161, 162, 163, 206, 207, 208, 209, 210, 217, 218, 219, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 244, 250, 251, 252, 253, 254, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 Tract: 1005. Block(s): 101A, 101B, 102, 128A, 129A, 129B, 130A, 130B, 131A, 131B, 132, 133, 134 Tract: 1006. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110A, HOB, 111A, 111C, 112, 113, 114, 115, 116A, 116C, 117A, 117B, 118A, 119, 120, 121 Tract: 1007. Block(s): 103, 104, 105, 106, 107, 108, 109, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 127, 132A, 133, 134, 135A, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 149A, 149B, 150A, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0003 COVINGTON MILLS (Part) Tract: 1004. Block(s): 303, 304, 305 VTD: 0006 CEDAR SHOALS (Part) Tract: 1006. Block(s): 111B, HID, 116B, 154A, 154B
Education District: 5
NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1007. Block(s): 102, 110, 113, 124, 126, 128, 130, 131 VTD: 0003 COVINGTON MILLS (Part) Tract: 1001. Block(s): 201, 202, 203, 204, 205, 228, 229, 230, 231, 233A, 233B, 237, 238, 239, 240, 241 Tract: 1003. Block(s): 101A, 101B, 102, 103, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 107, 108, 109, 110, 111, 112, 113A, 113B, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129A, 129B, 130A, 130B, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173A, 173B, 174, 175A, 175B, 176A, 176B, 177, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252,
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4067
253, 254A, 254B, 255, 256, 257, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316 Tract: 1004. Block(s): 101B, 103A, 104A, 105, 106A, 151, 153A, 201, 202, 203, 204A, 205A, 211, 212, 213, 214, 215, 216, 220, 221, 222, 241, 242, 243, 245, 246, 247, 248, 249, 301, 302 Tract: 1006. Block(s): 118D, 160 Tract: 1007. Block(s): 101, 111, 112, 125, 129, 132B, 135B, 135C, 148B, 149C, 150B,
151, 161, 162, 163, 164, 165, 166, 167
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term Voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of the Newton County School District which is not included in any education district described in this section shall be included within that education dis trict contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of the Newton County School District which is described in this sec tion as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such educa tion district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) (1) Notwithstanding those changes in descriptions of education districts which become effective at the same time this section becomes effective, members of the board shall serve the term for which they were elected and until their successors are elected and qualified.
(2) Effective on January 1, 1993, the members of the board representing Education Districts 1, 3, and 5 in accordance with the education districts which become effective in 1993 shall be the members of the board who formerly represented Education Dis tricts 1, 3, and 5, who were elected at the general election in 1990 under previously existing provisions of this Act, and members of the board filling vacancies for unexpired terms of such members of the board. Said members of the board so elected shall serve for the terms of office to which they were elected, which shall expire on Decem ber 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first day in January, 1995, for terms of four years and until their successors are elected and qualified.
(3) The members representing Education Districts 2 and 4 shall be elected in 1992, as provided by this Act, and shall take office on the first day in January, 1993, for terms of four years and until their successors are elected and qualified.
(4) Successors to the members elected under paragraphs (2) and (3) of this subsec tion and future successors shall be elected at the general election immediately preced ing the expiration of the respective terms of office and shall take office on the first day in January immediately following their election for terms of four years and until their successors are elected and qualified."
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Section 2. (a) Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Newton County to submit this Act to the United States Attorney General for approval.
(b) If, as of June 15, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
(c) If, as of April 25, 1992, implementation of this Act is permissible under the fed eral Voting Rights Act of 1965, as amended, candidates for the office of member of the board shall qualify pursuant to the education districts provided in this Act; candidates shall be nominated in the general primary and elected in the general election in 1992.
(d) If implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, on or before April 25, 1992, but becomes permissible after April 25, 1992, and on or before June 15, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of member of the board in the general primary; (2) notices of candidacy for the office of member of the board in the general election; and (3) notices of intention of candidacy for the office of member of the board by write-in candidates. The election superintendent of Newton County shall conduct a special primary election on the date of and in conjunction with the general primary election in 1992, after issuing the call for such special primary election as provided by law. Candidates for Education Districts 2 and 4 shall be nominated in such special primary election. Only candidates who have been certified by a political party as qualified for party nomination for the office of member of the board in the special primary shall be eligible to run in the special primary. If necessary, a special primary run-off elec tion shall be held as provided by law. The election superintendent shall conduct a special election on the date of and in conjunction with the general election in November, 1992, after issuing the call for such special election as provided by law. Members of the board to represent Education Districts 2 and 4 shall be elected in such special election. Only can didates nominated for the office of member of the board in the special primary, candidates who have filed notices of candidacy for the office of member of the board in the special election, and write-in candidates for whom notice of intent of candidacy for the office of member of the board has been given shall be eligible to run in the special election for the office of member of the board.
Section 3. Except for the provisions of this Act relating to and necessary for the elec tion of the members of the board of education of Newton County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of education 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 ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 2167.
By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating a board of commissioners of Newton County, so as to change the composition of the districts from which members of the board are elected.
The following Committee substitute was read and adopted:
MONDAY, MARCH 30, 1992
4069
A BILL
To amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved January 27, 1984 (Ga. L. 1984, p. 3507), so as to change the composition of the districts from which members of the board are elected; to provide for definitions and inclusions; to provide that members of the board shall complete the terms for which they were elected; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to invalidate certain certifications of political party candi dates and certain notices of candidacy in the event of a certain contingency; to provide for a special primary, special run-off election, and special election; to provide effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved January 27, 1984 (Ga. L. 1984, p. 3507), is amended by striking Section 1-101 and inserting in its place a new section to read as follows:
"Section 1-101. (a) There shall be a board of commissioners of Newton County which shall consist of five members. For purposes of electing members of the board, Newton County is divided into five commissioner districts as follows:
Commissioner District: !_
NEWTON COUNTY VTD: 0004 BREWERS VTD: 0005 BRICK STORE VTD: 0009 MANSFIELD VTD: 0010 NEWBORN VTD: 0012 ROCKY PLAINS VTD: 0014 LEGUIN
Commissioner District: 2
NEWTON COUNTY VTD: 0006 CEDAR SHOALS (Part) Tract: 1005. Block(s): 166A, 167, 168A, 177, 178A, 178B, 179, 180, 181, 182, 183A, 183B, 184, 185, 187 Tract: 1006. Block(s): 118B, 118C, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149A, 149B, 150, 151, 152, 153A, 153B, 159A, 159B, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188 Tract: 1009. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212 VTD: 0007 DOWNS VTD: 0013 STANSELL
Commissioner District: 3
NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1005. Block(s): 103 VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS (Part)
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Tract: 1001. Block(s): 216A, 217A, 218, 220A, 222A, 225A, 232A, 234, 235A, 235B, 236A, 242A, 243
Tract: 1004. Block(s): 101A, 101C, 101D, 102A, 102B
VTD: 0008 GUM CREEK VTD: 0011 OXFORD
Commissioner District: 4
NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1004. Block(s): HOB, 126A, 126B, 126D, 127B, 136, 137, 138, 139A, 139B, 140A, 140B, 141A, 141B, 142A, 142B, 143, 144, 145A, 145B, 146A, 146B, 155A, 156, 157, 158, 159, 160A, 161, 162, 163, 206, 207, 208, 209, 210, 217, 218, 219, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 244, 250, 251, 252, 253, 254, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 Tract: 1005. Block(s): 101A, 101B, 102, 128A, 129A, 129B, 130A, 130B, 131A, 131B, 132, 133, 134 Tract: 1006. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110A, 110B, 111A, 111C, 112, 113, 114, 115, 116A, 116C, 117A, 117B, 118A, 119, 120, 121 Tract: 1007. Block(s): 103, 104, 105, 106, 107, 108, 109, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 127, 132A, 133, 134, 135A, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 149A, 149B, 150A, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0003 COVINGTON MILLS (Part) Tract: 1004. Block(s): 303, 304, 305 VTD: 0006 CEDAR SHOALS (Part) Tract: 1006. Block(s): 111B, HID, 116B, 154A, 154B
Commissioner District: 5
NEWTON COUNTY VTD: 0001 TOWN (Part) Tract: 1007. Block(s): 102, 110, 113, 124, 126, 128, 130, 131 VTD: 0003 COVINGTON MILLS (Part) Tract: 1001. Block(s): 201, 202, 203, 204, 205, 228, 229, 230, 231, 233A, 233B, 237, 238, 239, 240, 241 Tract: 1003. Block(s): 101A, 101B, 102, 103, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 107, 108, 109, 110, 111, 112, 113A, 113B, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129A, 129B, 130A, 130B, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173A, 173B, 174, 175A, 175B, 176A, 176B, 177, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
MONDAY, MARCH 30, 1992
4071
214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 257, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316 Tract: 1004. Block(s): 101B, 103A, 104A, 105, 106A, 151, 153A, 201, 202, 203, 204A, 205A, 211, 212, 213, 214, 215, 216, 220, 221, 222, 241, 242, 243, 245, 246, 247, 248, 249, 301, 302
Tract: 1006.
Block(s): 118D, 160 Tract: 1007.
Block(s): 101, 111, 112, 125, 129, 132B, 135B, 135C, 148B, 149C, 150B, 151, 161, 162, 163, 164, 165, 166, 167
(b) For purposes of this section: (1) The terms "Tract," "Block," and "VTD" shall mean and describe the same
geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term "Precinct" is synonymous with the term "voting precinct" and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Newton County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States
decennial census of 1990 for the State of Georgia; and (5) Any part of Newton County which is described in this section as being
included in a particular commissioner district shall nevertheless not be included
within such commissioner district if such part is not contiguous to such commissioner
district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the
United States decennial census of 1990 for the State of Georgia.
(c) (1) Notwithstanding those changes in descriptions of commissioner districts which become effective at the same time this section becomes effective, members of
the board shall serve the term for which they were elected and until their successors
are elected and qualified. (2) Effective on January 1, 1993, the members of the board representing Commis
sioner Districts 2 and 4 in accordance with the commissioner districts which become
effective in 1993 shall be the members of the board who formerly represented Com missioner Districts 2 and 4, who were elected at the general election in 1990 under
previously existing provisions of this Act, and commissioners filling vacancies for unexpired terms of such commissioners. Said members of the board so elected shall serve for the terms of office to which they were elected, which shall expire on Decem
ber 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first day
in January, 1995, for terms of four years and until their successors are elected and qualified.
(3) The members representing Commissioner Districts 1, 3, and 5 shall be elected
in 1992, as provided by this Act, and shall take office on the first day in January, 1993, for terms of four years and until their successors are elected and qualified.
(4) Successors to the members elected under paragraphs (2) and (3) of this subsec tion and future successors shall be elected at the general election immediately preced ing the expiration of the respective terms of office and shall take office on the first
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JOURNAL OF THE HOUSE,
day in January immediately following their election for terms of four years and until their successors are elected and qualified."
Section 2. (a) Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Newton County to submit this Act to the United States Attorney General for approval.
(b) If, as of June 15, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
(c) If, as of April 25, 1992, implementation of this Act is permissible under the fed eral Voting Rights Act of 1965, as amended, candidates for the office of commissioner shall qualify pursuant to the commissioner districts provided in this Act; candidates shall be nominated in the general primary and elected in the general election in 1992.
(d) If implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, on or before April 25, 1992, but becomes permissible after April 25, 1992, and on or before June 15, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of member of the board in the general primary; (2) notices of candidacy for the office of member of the board in the general election; and (3) notices of intention of candidacy for the office of member of the board by write-in candidates. The election superintendent of Newton County shall conduct a special primary election on the date of and in conjunction with the general primary election in 1992, after issuing the call for such special primary election as provided by law. Candidates for Commissioner Districts 1, 3, and 5 shall be nominated in such special primary election. Only candidates who have been certified by a political party as qualified for party nomination for the office of member of the board in the spe cial primary shall be eligible to run in the special primary. If necessary, a special primary run-off election shall be held as provided by law. The election superintendent shall con duct a special election on the date of and in conjunction with the general election in November, 1992, after issuing the call for such special election as provided by law. Com missioners to represent Commissioner Districts 1, 3, and 5 shall be elected in such special election. Only candidates nominated for the office of member of the board in the special primary, candidates who have filed notices of candidacy for the office of member of the board in the special election, and write-in candidates for whom notice of intent of candi dacy for the office of member of the board has been given shall be eligible to run in the special election for the office of member of the board.
Section 3. Except for the provisions of this Act relating to and necessary for the elec tion of the members of the board of commissioners of Newton County in 1992, the provi sions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners 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 ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
SB 682. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend an Act providing for a board of elections in certain counties and for other purposes relative thereto, as amended, so as to change the cen sus
MONDAY, MARCH 30, 1992
4073
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 690. 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 provide for the election of the mayor and aldermen of the City of Eatonton; to provide for the election of certain alder men from wards; to provide for terms of office; to provide procedures; to pro vide for description of wards.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 691. By Senator Kidd of the 25th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Judge of the Probate Court of Putnam County on an annual salary, as amended, so as to change the com pensation of the sheriff.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 692. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Putnam County, as amended, so as to change the compensation of the tax commissioner; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 742. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd:
A bill to amend an Act authorizing boards of education of certain cities and counties to establish, operate, and pay the cost of schools on a 24 hour basis so as to revise the population figures describing the cities and counties affected by such Act.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 160, nays 2. The Bill, having received the requisite constitutional majority, was passed.
SB 794. By Senator Tysinger of the 41st:
A bill to amend Code Section 15-12-11 of the Official Code of Georgia Anno tated, relating to the appointment of court personnel in certain counties, so as to change the population figure designating the counties in which the judges of the superior court are authorized to appoint a jury clerk.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 804. By Senator Tysinger of the 41st:
A bill to amend Code Section 15-16-10 of the Official Code of Georgia Anno tated, relating to the duties of a sheriff, so as to change the population brackets with respect to the duties of sheriffs of certain counties toward per sons charged with a violation of a county ordinance.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 827. By Senator Moye of the 34th:
A bill to amend an Act creating the Board of Commisioners of Fayette County, as amended, so as to provide for an increase in the amount of com pensation for the chairman of the Board of Commissioners of Fayette County and the members of the Board of Commissioners of Fayette County; to elimi nate provisions for the payment of expenses to the chairman and the mem bers 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 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 832. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Code Section 21-2-213 of the Official Code of Georgia Anno tated, relating to county registrars and deputy registrars, so as to revise the population figures describing the counties in which registrars and deputy reg istrars of municipalities lying wholly within such counties shall be appointed as deputy county registrars.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, MARCH 30, 1992
4075
On the passage of the Bill, the ayes were 160, nays 2. The Bill, having received the requisite constitutional majority, was passed.
SB 838. By Senator Thompson of the 33rd:
A bill to amend Code Section 36-82-4.1 of the Official Code of Georgia Anno tated, relating to binding statements of intention concerning the use of bond funds and related matters, so as to revise the population figures describing the counties to which the Code section applies.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 851. By Senator Hasty of the 51st:
A bill to amend an Act reincorporating the Town of Canton, as amended, so as to provide that the mayor and city council are authorized to take all nec essary measures to keep the city free from garbage and similar material.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 858. By Senator Thompson of the 33rd:
A bill to provide for a homestead exemption of $10,000.00 from all Powder Springs, Georgia, ad valorem taxes for residents of Powder Springs, Georgia, who are disabled and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year; to provide for a statement of authority; to provide for the calculation of income and amounts to be included in such calculation; to provide for disability and the determination thereof.
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 Ashe 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 Y Buck
Y Buckner Y Byrd Y Campbell Y Canty Y Carrel) Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings.B Y Cummings,M Y Davis.D 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 Floyd.J.W Y Flynt Y Godbee
Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover E Hamilton
Hammond Manner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert 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
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JOURNAL OF THE HOUSE,
Y Lane.R Langford
Y Lawrence Y Lawson YLee YLong YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
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 Y Orrock
Padgett Y Parham
Y Parrish Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley 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,?
Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
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 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 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.
SB 859. By Senator Pollard of the 24th:
A bill to amend an Act creating the board of commissioners of Greene County, as amended, so as to provide for compensation of the chairman; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 860. By Senator Pollard of the 24th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Greene County into the one office of tax commissioner of Greene County, as amended, so as to change the compensation provisions relating to the tax commissioner; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 863. By Senator Ray of the 19th:
A bill to amend an Act providing for the election of members of the Telfair County Board of Education from education districts, as amended, so as to provide that vacancies on the board shall be filled by special election if the unexpired term is more than 180 days; to provide that vacancies shall be filled by majority vote of the board if the unexpired term is 180 days or less; to provide for a referendum.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 160, nays 2.
MONDAY, MARCH 30, 1992
4077
The Bill, having received the requisite constitutional majority, was passed.
SB 864. By Senators Thompson of the 33rd, Newbill of the 56th and Clay of the 37th:
A bill to amend an Act entitled the "Cobb County Community Improvement District Act," as amended, so as to clarify the purpose of this Act; to provide for the life of a district and for procedures to extend the life of a 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 160, nays 2.
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 Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 1184 Do Pass, as Amended
Respectfully submitted, /s/ Lee of the 72nd
Chairman
The following Bills of the House were taken up for the purpose of considering the reports of the Committee of Conference thereon:
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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 559
The Committee of Conference on HB 559 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 559 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Culver Kidd Senator, 25th District
/s/ Willow Smith Representative, 156th District
/s/ Gene Walker Senator, 43rd District
/s/ Paul S. Branch, Jr. Representative, 137th District
/s/ Robert Brown Senator, 26th District
/s/ Roger C. Byrd Representative, 153rd District
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A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the licensing of irrigation contractors and for requirements and qualifications relative thereto; to provide for definitions; to provide for the suspension or revocation of licenses; to provide requirements relative to local govern ments; 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. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by adding a new Code Section 43-14-8.4 to read as fol lows:
"43-14-8.4. (a) For the purposes of this Code section, the term: (1) 'Irrigation contracting' means the design, construction, repair, maintenance,
improvement, and alteration of all or any portion of an irrigation system. (2) 'Irrigation contractor' means any person, partnership, company, corporation,
association, or organization of and type, or a combination of any of these, who under takes for a fixed sum, fee, price, percentage, or compensation an irrigation contract.
(3) 'Irrigation system' means any assemblage of components, materials, or special equipment which is designed, constructed, and installed for controlled dispersion of water from any safe and suitable source including properly treated waste-water for the express purpose of irrigation of vegetation to include integral pumping systems and integral control systems, with the exception of the backflow prevention device, for manual, semiautomatic, or automatic control of the operation of said systems. (b) After January 1, 1993, no person shall engage in irrigation contracting unless such person has a valid license as an irrigation contractor from the board. (c) The board shall:
(1) Review the qualifications of applicants for license; (2) Approve examinations; (3) Issue and renew licenses as provided in this Code section; (4) Suspend, revoke, or fail to renew the licenses issued under this Code section; (5) Maintain a record of every license holder, the holder's place of business and place of residence, and the date and number of the license; and (6) Promulgate rules and regulations necessary for the performance of its duties and the implementation of this Code section. (d) To be eligible for a license as an irrigation contractor, an applicant shall submit to the board satisfactory evidence that the applicant: (1) Is of good moral character; (2) Is 18 years of age or older; (3) Has successfully completed an examination administered by the board to deter mine the applicant's competence to be licensed; and (4) Has had a minimum of two years of experience in the field of irrigation con tracting. (e) The board shall approve a comprehensive and realistic examination for the pur pose of determining the knowledge, ability, and fitness of applicants to perform as irri gation contractors. The board shall give adequate written notice of the examinations to the applicants. (f) A fee fixed by regulation of the board shall accompany each application for license. Licenses shall expire biennially and may be renewed upon submission of a renewal application provided by the board and payment of a renewal fee fixed by regula tion of the board. If the renewal fee is not paid by that date, the license shall automati cally expire; but may be renewed within two years of its expiration date on payment to the board of a sum determined by it for each year or part thereof during which the license was expired. After a two-year period, a license may be renewed only by comply ing with the requirements of this Code section regarding initial licensing.
MONDAY, MARCH 30, 1992
4079
(g) An applicant who fails the first examination may take a second examination not less than six months nor more than two years from the date of the initial examination.
(h) The board may suspend, revoke, or refuse to renew the license of any irrigation contractor the board finds guilty of:
(1) Violations of this Code section or rules adopted under this Code section; (2) Fraud or deceit in obtaining a license; or (3) Gross negligence, incompetency, or misconduct while acting as a licensed irriga tion contractor. (i) Every municipality, county, or other political subdivision which requires the issu ance of a permit prior to the performance of any type of work requiring a license under the provisions of this Code section shall also require that the applicant file a signed statement in a form prescribed by the board certifying that he holds a valid and current license under this Code section, or if the applicant claims exemption under the provi sions of this Code section, a statement of the basis for such exemption. (j) The issuance of an irrigation contractor's license by the board shall authorize any license holder to perform irrigation contracting in any municipality, county, or other political subdivision of this state and no further examinations or special licenses may be required of the license holder, except business licenses, permit fees, and such other stan dard licenses and fees as may be required of any person to do business within their respective jurisdictions. (k) The following persons or activities shall be exempt from the provisions of this Code section: (1) Any officer, employee, or duly authorized representative of the United States, the State of Georgia, or any political subdivision thereof, if the work is performed on the property of said political entity; (2) Vendors of components, materials, or equipment who perform only such func tions as delivery, rendering of advice, or assistance in the installation or normal war ranty service or exchange of defective or damaged goods; (3) A registered professional engineer or architect or landscape architect if such person's acts are incidental to the pursuit of such profession; (4) Irrigation work done by a person on the premises of property which such per son owns and occupies as a home; (5) Irrigation work done by a maintenance person to and on premises owned by the business in which such person is regularly employed or engaged and who does not engage in the occupation of an irrigation contractor; and (6) Irrigation work done by a farmer, agriculturist, agronomist, horticulturist, for ester, gardener, contract gardener, garden or lawn caretaker, nurseryman, or grader or cultivator of land on land owned, rented, or leased or possessed pursuant to a sharecrop agreement by the person doing the irrigation work."
Section 2. The provisions of this Act shall become effective upon the necessary fund ing to carry out its purposes being specifically appropriated by the General Assembly.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Smith of the 156th moved that the House adopt the report of the Committee of Conference on HB 559.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy
Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B
Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
N Breedlove
Y Brooks Y Brown Y Brush
Buck Y Buckner
Byrd Y Campbell Y Canty Y Carrell
Y Carter
N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Clark.E Y Clark.L Y Coker Y Coleman
Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Davis.D Davis.G N Davis.M Y Dixon.H Y Dixon.S
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JOURNAL OF THE HOUSE,
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt N Godbee Y Golden Y Goodwin E Green Y Greene
Griffin Y Groover E Hamilton
Hammond Manner Y Harris.B
Y Harris,J Y Heard Y Henson Y Herbert Y Holland
Y Holmes Howard
N 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
Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas YMann Y Martin Y McBee Y McCoy
Y McKelvey McKinney,B McKinney.C
Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston Poag
Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell
Randall Ray Y Reaves Redding Y Ricketson N Royal 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
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall Y Watson Y Watts Y White N Wilder Y Williams.B Williams,J Williams.R
Y Yeargin Murphy.Spkr
On the motion, the ayes were 127, nays 9. The motion prevailed.
Representative Pettit of the 19th 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 Greene of the 130th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 1931.
By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth:
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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1931
The Committee of Conference on HB 1931 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1931 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
Is/ John C. Foster Senator, 50th District
/s/ Suzi Herbert Representative, 76th District
/s/ Mac Collins Senator, 17th District
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Harold J. Ragan Senator, 10th District
DeWayne Hamilton Representative, 124th District
MONDAY, MARCH 30, 1992
4081
A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, the "Quality Basic Education Act," so as to authorize the Department of Education to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted; to authorize the department to develop policies, standards, criteria, procedures, and administrative requirements to be promulgated by rules and regulations; to require certain minimum criteria be included in a apprenticeship plan developed by the department; to require the department to establish pilot programs by a certain date and to implement a comprehensive apprenticeship program by fiscal year 1996; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, known as the "Aid to Dependent Children Act," so as to provide for conditions for eligibility for funds; to provide for release of records; to provide for documents and the furnishing thereof; to provide for reinstatement of assistance; to provide for waivers; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, the "Quality Basic Education Act," is amended by adding immediately following Code Section 20-2-161,1, enacted by SB 417 adopted at the 1992 session of the General Assembly, a new Code section to read as follows:
"20-2-161.2. (a) Any eleventh or twelfth grade pupil or pupil aged 16 or over in any public school in this state may enroll in a Youth Apprenticeship Program which is offered at that public school and which is approved for secondary credit by the depart ment. Such pupil shall be granted release time from the public school to work as an apprentice for any business enterprise which is approved by the department as a quali fied employer under the educational apprenticeship program. A pupil shall receive sec ondary credit for such apprenticeship only under the conditions established by the department. The department is authorized to establish a Youth Apprenticeship Program and to promulgate such policies, standards, procedures, criteria, and administrative requirements as may be necessary to implement the program by rules and regulations. The department shall consult the Department of Labor and the Department of Techni cal and Adult Education in developing such policies and procedures. The department's certified educational apprenticeship plan shall include but not be limited to the follow ing:
(1) A detailed training plan between employer and apprentice that identifies spe cific work tasks that will develop workplace competency;
(2) A minimum of 144 classroom hours of related academic instruction and train ing;
(3) A minimum of 2,000 hours of on-the-job training; (4) A progressive wage schedule established by the participating employer; (5) On-site evaluation of the pupil's performance; (6) Training remediation as necessary at the school site; (7) A broad range of skills but shall be focused on manufacturing and engineering technology, administration and office technology, and health care; (8) Development of materials by the business, industry, and labor community in conjunction with the department to promote the awareness of apprenticeships for high school students and encourage recruitment; and (9) Structural linkage between secondary and postsecondary components of the program leading to the awarding of a high school diploma and postsecondary certifica tion of occupational skills. The apprenticeship program shall include on-site training only in positions that have been certified by the Department of Labor as highly skilled jobs in business and indus try. (b) The department shall develop pilot projects for the fiscal year 1994 and fiscal year 1995 school years and shall implement and direct a comprehensive apprenticeship program for all school systems by fiscal year 1996."
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Section 2. Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, known as the "Aid to Dependent Children Act," is amended by adding at the end thereof a new Code Section 49-4-110 to read as follows:
49-4-110. (a) As a condition of eligibility for funds received under this article, a dependent child age 16 years or over shall participate, to the best of his or her ability, in alternative programs approved by the department or by the local school system where the student resides, including, but not limited to, the Youth Apprenticeship Program as described in subsection (a) of Code Section 20-2-161.2, if not in full-time attendance at a public school or private school or enrolled in a home study program except for one of the following reasons:
(1) The child has been graduated from a public or private high school or home study program or obtained a general educational development equivalency diploma from a state approved institution or organization; or
(2) The child is excused from attending school due to circumstances beyond his or her control. (b) The county department of family and children services or its agent may require consent to the release of school enrollment and attendance records, including official conformation of enrollment in the Youth Apprenticeship Program, as a condition of eli gibility for assistance under this article. (c) The school superintendent of each school system shall be authorized to provide documentation of enrollment status and attendance records upon request to the county office of the department of family and children services for the county in which that dependent child resides. The school superintendent shall provide any child with docu mentation to present to the county department to excuse such a child pursuant to the provisions of paragraphs (1) and (2) of subsection (a) of this Code section. (d) Assistance denied to or on behalf of a dependent child pursuant to this Code sec tion shall be reinstated upon presentation to the county department of family and chil dren services or their agent of documented proof of compliance with the provisions of this Code section. (e) The Department of Human Resources shall request a waiver from the secretary of the federal Department of Health and Human Services to permit the Department of Human Resources to implement the school attendance requirements of this Code sec tion. The provisions of this Code section shall not apply unless the federal waiver is in effect. If a waiver is received, the Department of Human Resources shall implement this Code section beginning with the fall 1996 school term or on the date the waiver is effec tive, whichever is later."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Herbert of the 76th moved that the House adopt the report of the Committee of Conference on HB 1931.
On the motion, the ayes were 96, nays 4.
The motion prevailed.
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, MARCH 30, 1992
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 30, 1992, by adding the following:
HR 1184 House Rules Comm; direct Ethics Subcomm to formulate ethics rules
SB 410 Budgets; long-term plans; cost-benefit reviews of programs SB 751 Crime victims compensation; revise provisions; federal funds
MONDAY, MARCH 30, 1992
4083
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Groover of the 99th
Vice-Chairman
Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was taken up for consideration:
HR 1184.
By Representatives Murphy of the 18th, Groover of the 99th, Lee of the 72nd and Connell of the 87th:
A resolution directing the Ethics and Official Conduct Subcommittee of the House Rules Committee to formulate certain ethics rules.
The following amendment was read and adopted:
The Committee on Rules moves to amend HR 1184 as follows: To change line 74, page 2, to 5 (five) days in lieu of fifteen days.
The following amendment was read and adopted:
Representative Groover of the 99th moves to amend HR 1184 as follows: By striking from line 5 page 2 "certainly" and inserting "certainty".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, as amended.
On the adoption of the Resolution, as amended, the ayes were 105, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
Representative Townsend of the 24th would like to be recorded as voting "nay" on HR 1184.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 1386. By Representatives Patten of the 149th and Dobbs of the 74th:
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 and revise certain definitions; to pro vide for additional powers of the Board of Natural Resources.
The following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to solid waste management, so as to provide for and revise certain defini tions; to provide for additional powers of the Board of Natural Resources; to change
4084
JOURNAL OF THE HOUSE,
certain provisions regarding powers of the director of the Environmental Protection Divi sion of the Department of Natural Resources; to provide for permits for biomedical waste thermal treatment technology facilities; to provide for applicability with respect to such permits; to change certain provisions relating to certain landfill permits for sites within two miles of certain recharge areas; to change certain provisions regarding public meetings on certain facility siting decisions; to provide for additional requirements regarding the handling of special solid waste; to provide for additional authority of the director with respect to certain financial responsibility mechanisms; to provide for criminal penalties; to provide certain other penalties; to provide a date by which each city and county shall develop a comprehensive solid waste management plan; to change certain provisions rela tive to membership on the Recycling Market Development Council; to authorize the Geor gia Building Authority to establish a recycling program for state agencies and to provide for the collection of certain recovered materials; to provide for the use of certain surcharges imposed by certain governmental entities; to provide for the collection of cer tain taxes, fees, and assessments; to provide for the appointment of additional members to boards of directors of solid waste management authorities; to provide for participation in solid waste management authorities; to change certain provisions relating to the issu ance of certain bonds and obligations; 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 8 of Title 12 of the Official Code of Georgia Anno tated, relating to solid waste management, is amended by striking Code Section 12-8-22, relating to definitions, and inserting in its place a new Code Section 12-8-22 to read as follows:
"12-8-22. As used in this article, the term: (1) 'Affected county' means, in addition to the county in which a facility is or is
proposed to be located, each county contiguous to the host county and each county and municipality within a county that has a written agreement with the facility to dis pose of solid waste.
(1) (1.1) 'Biomedical waste' means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts, not including expend able supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board, and other such waste materials.
(2) 'Board' means the Board of Natural Resources of the State of Georgia. (3) 'Certificate' means a document issued by a college or university of the Univer sity System of Georgia or other organization approved by the director stating that the operator has met the requirements of the board for the specified operator classifica tion of the certification program. (4) 'Closure' means a procedure approved by the division which provides for the cessation of waste receipt at a solid waste disposal site and for the securing of the site in preparation for postclosure. (4.1) 'Commercial solid waste' means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding resi dential and industrial wastes. (5) 'Composting' means the controlled biological decomposition of organic matter into a stable, odor-free humus. (6) 'Contaminant' means any physical, chemical, biological, or radiological sub stance or matter. (7) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (8) 'Disposal facility' means any facility or location where the final deposition of solid waste occurs and includes but is not limited to landfilling and solid waste ther mal treatment technology facilities.
MONDAY, MARCH 30, 1992
4085
(9) 'Division' means the Environmental Protection Division of the Department of Natural Resources.
(10) 'Financial responsibility mechanism' means a mechanism designed to demon strate that sufficient funds will be available to meet specific environmental protection needs of solid waste handling facilities. Available financial responsibility mechanisms include but are not limited to insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as defined in 40 C.F.R. Part 264 Subpart H -- Financial Requirements.
(11) 'Generator' means any person in Georgia or in any other state who creates solid waste.
(12) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated pursuant to the federal act by the administrator of the United States Environmental Protection Agency which are in force and effect on Feb ruary 1, i999 1992, codified as Appendix VIII to 40 C.F.R. Part 261 -- Identification and Listing of Hazardous Waste.
(12.1) 'Industrial solid waste' means solid waste generated by manufacturing or industrial processes or operations that is not a hazardous waste regulated under Arti cle 3 of this chapter, the 'Georgia Hazardous Waste Management Act.' Such waste includes, but is not limited to, waste resulting from the following manufacturing pro cesses: Electric power generation; fertilizer and agricultural chemicals; food and related products and by-products; inorganic chemicals; iron and steel products; leather and leather products; nonferrous metal and foundry products; organic chemicals; plastics and resins; pulp and paper; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textiles; transportation equipment; and water treat ment. This term does not include mining waste or oil and gas waste.
(13) 'Label' means a code label described in paragraphs (3) and (4) of subsection (b) of Code Section 12-8-34.
(14) 'Landfill' means an area of land on which or an excavation in which solid waste is placed for permanent disposal and which is not a land application unit, surface impoundment, injection well, or compost pile.
(15) 'Leachate collection system' means a system at a landfill for collection of the leachate which may percolate through the waste and into the soils surrounding the landfill.
(16) 'Manifest' means a form or document used for identifying the quantity and composition and the origin, routing, and destination of special solid waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage.
(17) 'Materials recovery facility' means a solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
(18) 'Municipal solid waste' means any solid waste resulting from the operation ef residential, commercial, governmental, ef institutional establishments except such solid waste disposed ef- in a private industry solid waste disposal facility derived from households, including garbage, trash, and sanitary waste in septic tanks and means solid waste from single-family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trash trimmings and commercial solid waste but does not include solid waste from mining, agricultural, or silvicultural operations or industrial processes or operations.
(19) 'Municipal solid waste disposal facility' means any facility or location where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed ande* Subtitle B ef th federal Resource Conservation and Recovery Act ef 1976, as amended commercial or industrial solid waste, and includes, but is not limited to, municipal solid waste landfills and munici pal solid waste thermal treatment technology facilities.
(20) 'Municipal solid waste landfill' means a disposal facility where any amount of municipal solid waste, whether or not mixed with or including other waste allowed
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JOURNAL OF THE HOUSE,
Or\Tf tMVIiCo ifncriulfidrunli jT.v?fc>falurnuiirir>'nc vf^u.ri>iatQ?f>rrYTTani>t inrJ>ri>i cfitri>irul Tr-?icoru*ru>TvTcorrytr nAu*t**+ trJ\tf "iI ~QTI /oJ t t..r--a
amended commercial waste, industrial waste, nonhazardous sludges, or small quantity generator hazardous waste, is disposed of by means of placing an approved cover thereon.
(21) 'Operator' means the person stationed on the site who is in responsible charge of and has direct supervision of daily field operations of a municipal solid waste dis posal facility to ensure that the facility operates in compliance with the permit.
(22) 'Person' means the State of Georgia or any other state or any agency or institu tion thereof and any municipality, county, political subdivision, public or private cor poration, solid waste authority, special district empowered to engage in solid waste management activities, individual, partnership, association, or other entity in Georgia or any other state. This term also includes any officer or governing or managing body of any municipality, political subdivision, solid waste authority, special district empowered to engage in solid waste management activities, or public or private corpo ration in Georgia or any other state. This term also includes employees, departments, and agencies of the federal government.
(23) 'Postclosure' means a procedure approved by the division to provide for longterm financial assurance, monitoring, and maintenance of a solid waste disposal site to protect human health and the environment.
(24) 'Private industry solid waste disposal facility' means a disposal facility which is operated exclusively by and for a private solid waste generator for the purpose of accepting solid waste generated exclusively by said private solid waste generator.
(25) 'Recovered materials' means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.
(26) 'Recovered materials processing facility' means a facility engaged solely in the storage, processing, and resale or reuse of recovered materials. Such term shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste.
(27) 'Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
(27.1) 'Regional landfill or regional solid waste disposal facility' means a facility owned by a county, municipality, authority, or special district empowered to engage in solid waste management activities, or any combination thereof, which serves two or more or any combination of counties, municipalities, or special solid waste districts.
(28) 'Rigid plastic bottle' means any rigid plastic container with a neck that is smaller than the container body with a capacity of 16 ounces or more and less than five gallons.
(29) 'Rigid plastic container' means any formed or molded part comprised predomi nantly of plastic resin, having a relatively inflexible finite shape or form, and intended primarily as a single-service container with a capacity of eight ounces or more and less than five gallons.
(30) 'Solid waste' means discarded putrcsciblc and nonputrcsciblc waste, except wftiGF c&ppicd oody wflstc find PC COVCFGQ mstcpiflis, ARU stiflii include 8PDflcj ptjuuisri, sucfi fts popcp, cftpton9, ooxcSj wood, tree Dpfliicries, y&Pd tPiHimin^Sj tupnitupc find
mals; sewage sludges; animal manures; industrial waste, such as waste materials gcnersted m 1HQU91P18.1 opcPQ.11on9! residue IPORI solid wflstc tncrnifli tp&fitmeRT teciino1ojyj feed processing waste; demolition waste; abandoned automobiles; dredging waste; eenstruction waste; and any ethe* waste material in a solid, scmiaolid, er liquid state net oifnctwi96 detincd tR 11113 po.pt. oucti tC'Fift 9I1&11 not inciticte flny wiQtcpi&l wtiicri t& PC[UTM teted pursuant te Article 2 ef Chapter 6 ef this titte; the 'Georgia Water Quality Cen tre! Actr er Chapter 9 ef- this titter ^^he Georgia A4f Quality Act ef- 1978.' any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or
MONDAY, MARCH 30, 1992
4087
_ _____ ___ ____ and other discarded material including solid, semi-solid. or contained gaseous material resulting from industrial, commercial, mining, and agri cultural operations and community activities, but does not include recovered materi als; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923).
(31) 'Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid waste or any combination of such activities.
(32) 'Solid waste handling facility' means any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste.
(33) 'Solid waste thermal treatment technology' means any solid waste handling facility the purpose of which is to reduce the amount of solid waste to be disposed of through a process of combustion, with or without the process of waste to energy.
(34) 'Special solid waste' means any solid waste not otherwise regulated under Arti cle 3 of this chapter, known as the 'Georgia Hazardous Waste Management Act,' and regulations promulgated under such article originating or produced from or by a source or generator not subject to regulation under Code Section 12-8-24.
(35) 'Tire' means a continuous solid or pneumatic rubber covering designed for encircling the wheel of a motor vehicle and which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment.
(36) 'Waste to energy facility' means a solid waste handling facility that provides for the extraction and utilization of energy from municipal solid waste through a pro cess of combustion.
(37) 'Yard trash trimmings' means vegetative matter resulting from landscaping maintenance and land-clearing operations other than mining, agricultural, and silvicultural operations."
Section 2. Said article is further amended by deleting "and" at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting in its place "; and", and by adding a new subparagraph at the end of paragraph (1) of Code Section 12-8-23, relating to powers and duties of the Board of Natural Resources, to be designated subparagraph (J), to read as follows:
"(J) Rules and regulations further defining what shall or shall not constitute 'recov ered materials.'"
Section 3. Said article is further amended by striking in its entirety subsection (c) of Code Section 12-8-23.1, relating to powers and duties of the director of the Environmen tal Protection Division of the Department of Natural Resources, which reads as follows:
"(c) (1) No permit for a biomedical waste thermal treatment technology facility shall be issued by the director unless the applicant for such facility demonstrates to the director that a need exists for the facility by showing that there is not presently in existence within the state sufficient disposal facilities for biomedical waste being generated or expected to be generated within the state. For purposes of this part, 'biomedical waste thermal treatment technology facility' means any facility the pur pose of which is to reduce the amount of biomedical waste to be disposed of through a process of combustion, with or without the process of waste to energy.
(2) Paragraph (1) of this subsection shall not apply to any biomedical waste treat ment facility which is operated exclusively by a private biomedical waste generator on property owned by the private biomedical waste generator for the purpose of accept ing biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste treatment facility does not adversely affect the public health or the environment. After commencement of operation by a private biomedical waste generator of a biomedical waste treatment facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any biomedical waste which is to be no longer disposed of by the private biomedical waste
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JOURNAL OF THE HOUSE,
generator in its own biomedical waste treatment facility prior to any substantial reduction in the amount of biomedical waste accepted by the biomedical waste treat ment facility or its closure."
Section 4. Said article is further amended by striking subsection (b) of Code Section 12-8-24, relating to permits for certain handling or facilities, and inserting in its place a new subsection (b) to read as follows:
(.07--11)19 pflft Sflftii flpply vQ Sen pCHftrtS rOf WillCil PftC(UC9*8 *OT 9116 SU lift Oil ley GT
UHSUitcto111*y letters ftrc suDinittcci on of flttcp JVisrcfi oUj j-yt/uj proviuGu, HOWGvcr, triflt the division may continue te review aH documents, reports, ad studies relevant te the processing of any subsequent application for a permit for a solid waste handling facility for which a request for a site suitability or unsuitability letter is made e or after March 36; 1000, se teg as such permit is net issued until att applicable requirements of this-
(b) (1) No permit for a biomedical waste thermal treatment technology facility shall be issued by the director unless the applicant for such facility demonstrates to the director that a need exists for the facility for waste generated in Georgia by showing that there is not presently in existence within the state sufficient disposal facilities for biomedical waste being generated or expected to be generated within the state. For purposes of this part, 'biomedical waste thermal treatment technology facility' means any facility that exists for the purpose of reducing the amount of biomedical waste disposed of through a process of combustion, with or without the process of converting such waste to energy.
(2) Paragraph (1) of this subsection shall not apply to any biomedical waste ther mal treatment technology facility which is operated exclusively by a private biomedical waste generator on property owned by the private biomedical waste gener ator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste thermal treatment technology facility does not adversely affect the public health or the envi ronment. After commencement of operation by a private biomedical waste generator of a biomedical waste thermal treatment technology facility which is permitted by but not included in a local or regional solid waste management plan, amendment of the local or regional solid waste management plan shall be required for any biomedical waste which is no longer to be disposed of by the private biomedical waste generator in its own biomedical waste thermal treatment technology facility prior to any sub stantial reduction in the amount of biomedical waste produced by the private biomedical waste generator and accepted by its own biomedical waste thermal treat ment technology facility or the closure of such facility."
Section 5. Said article is further amended by striking in its entirety paragraph (3) of subsection (e) of Code Section 12-8-24, relating to permits for certain handling or facili ties, and inserting in lieu thereof the following:
"(3) Except as otherwise provided in this part, major modifications shall meet the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided, however, that aH applications (or vcrticfti 6xpsnsion of existing solid wflstc ctisposfll iflcilltics received oy tftc director OR or before December <&-, 1000, a facility having less than 24 months of remaining capacity on July 1^ 1991, shall be allowed no longer than 24 months from the date of the eemmencemcnt issuance of the permitted vertical expansion permit unless it is demon strated to the director in the application or during this period of time that the solid waste disposal facility as vertically expanded meets the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided further, however, that no vertical expansion under this subsec tion shall be allowed when remaining permitted capacity, as determined fey the director, exceeds 24 months from Jttly IT W9i beyond July lj 1995, unless such vertical expansion can meet the siting and design standards applicable to new permit applications. 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
MONDAY, MARCH 30, 1992
4089
a site which does not demonstrate compliance with such standards within such period shall prepare a final closure plan and cease acceptance of waste no later than the end of such period. In the event that the director determines that no such demonstration of compliance has been made by the owner or operator, he shall notify the owner or operator of such determination and may order the owner or operator to cease accepting waste and prepare a final closure plan prior to the end of such period."
Section 6. Said article is further amended by striking Code Section 12-8-25.2, relat ing to landfills within two miles of certain recharge areas, and inserting in its place a new Code Section 12-8-25.2 to read as follows:
"12-8-25.2. No permit shall be issued for a municipal solid waste landfill if any part of the site is within two miles of an area that has been designated by the director as a significant ground-water recharge area unless such municipal solid waste landfill will have a liner and leachate collection system and meets any other requirements as may be established by rules and regulations of the board or pursuant to other geological con siderations as may be determined appropriate by the director. This Code section shall
crnmcnt for which the director ef the Environmental Protection Division ef th Depart-
IttCIlT Oi INfltUFftl KesOUFCGS fl&9 139U6Q ft Site SCCCptftDlllty l&ULf>f pHOP "tO JVl&rCn 10) LJOJ,
provided, however, that the governing authority ef the municipality may adopt resolu-
of wic county infly sdopt ft resolution rBQUinn^ ft liner ftnet icftcftftce coii&ction system
Section 7. Said article is further amended by striking subsection (b) of Code Section 12-8-26, relating to public meetings regarding site selections, and inserting in its place a new subsection (b) to read as follows:
"(b) The governing authority of any county or municipality taking action resulting in a publicly or privately owned municipal solid waste disposal facility siting decision shall cause to be published within a newspaper of general circulation serving such county or municipality a notice of the meeting at which such siting decision is to be made at least once a week for two weeks immediately preceding the date of such meet ing. Such notice shall state the time, place, and purpose of the meeting and the meeting shall be conducted by the governing authority taking the action. A siting decision shall include, but is not limited to, such activities as the final selection of property for landfilling and the execution of contracts or agreements pertaining to the location of municipal solid waste disposal facilities within the jurisdiction, but shall not include zon ing decisions."
Section 8. Said article is further amended by adding a new subsection at the end of Code Section 12-8-27, relating to special solid waste handling facilities, to be designated subsection (f), to read as follows:
"(f) After July 1, 1992, the owner or operator of a facility proposing to handle special solid waste shall provide certification that the jurisdiction generating the special solid waste to be handled has a strategy for and is actively involved in meeting planning requirements and a waste reduction goal that are equivalent to the planning require ments and the waste reduction goal of this part."
Section 9. Said article is further amended by striking subsection (b) of Code Section 12-8-27.1, relating to the solid waste trust fund, and inserting in its place a new subsection (b) to read as follows:
"(b) If the director determines that a solid waste or special solid waste handling facility has been abandoned, that the owner or operator thereof has become insolvent, or that for any other reason there is a demonstrated unwillingness or inability of the owner or operator to maintain, operate, or close the facility, to carry out postclosure care
4090
JOURNAL OF THE HOUSE,
of the facility, or to carry out corrective action required as a condition of a permit to the satisfaction of the director, the director may implement the applicable financial responsibility mechanisms. The proceeds from any applicable financial responsibility mechanisms shall be deposited in the solid waste trust fund."
Section 10. Said article is further amended by striking Code Section 12-8-30.7, relat ing to unlawful acts regarding solid waste handling, and inserting in its place a new Code Section 12-8-30.7 to read as follows:
"12-8-30.7. It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with this part and all applicable rules, regulations, and orders established under this part."
Section 11. Said article is further amended by striking in its entirety Code Section 12-8-30.8, relating to penalties, which reads as follows:
"12-8-30.8. Any person who violates any provision of this part shall be guilty of a misdemeanor. Each day of continued violation after conviction shall constitute a sepa rate offense.", and inserting in lieu thereof the following:
"12-8-30.8. (a) Any person who: (1) Knowingly transports or causes to be transported any solid waste as defined in
this part to a facility which does not have a permit, which does not have a variance pursuant to this part or which is not subject to an order of the director which specifi cally authorized continued operation of such facility;
(2) Knowingly treats, processes, stores, or disposes of any solid waste as defined in this part:
(A) Without a permit or an order of the director allowing such treatment, pro cessing, storage, or disposal of solid waste;
(B) In knowing violation of any material condition or requirement of such per mit or order; or
(C) In knowing violation of any material condition or requirement of any appli cable regulations or standards adopted by the board in accordance with Code Sec tion 12-8-23 in force and effect on January 1, 1992; (3) Knowingly omits material, information, or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this part or regu lations promulgated pursuant to this part; (4) Knowingly processes, stores, treats, transports, disposes of, or otherwise han dles any solid waste as defined in this part, and who knowingly destroys, alters, con ceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this part; or (5) Knowingly transports without a manifest or causes to be transported without a manifest, any solid waste required by this part to be accompanied by a manifest shall, upon conviction, be subject to a fine of not more than $50,000.00 for each day of violation or imprisonment for not less than one nor more than two years or, in the case of a violation of paragraph (1) or (2) of this subsection, three years, or both. If convic tion is for a violation committed after a first conviction of such person under this sub section, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment. (b) An organization may be convicted for the criminal acts set forth in subsection (a) of this Code section if an agent of the organization performs the conduct which is an element of the criminal act set forth in subsection (a) of this Code section and the agent's action is authorized, requested, commanded, or recklessly tolerated by the board of directors of the organization or by a managerial official who is acting within the scope of such official's employment on behalf of the organization."
Section 12. Said article is further amended by striking in their entireties subsections (a) and (e) of Code Section 12-8-31.1, relating to local and regional solid waste manage ment plans, and inserting in lieu thereof, respectively, the following:
MONDAY, MARCH 30, 1992
4091
"(a) Each city and county in Georgia shall develop or be included in a comprehen sive solid waste management plan not later than July 1^ 1993. Said plan may be devel oped independently as a local plan or jointly with other jurisdictions as a regional solid waste plan but in either case shall conform to the plan development procedures outlined in Chapter 70 of Title 36 and Articles 1 and 2 of Chapter 8 of Title 50 and to minimum standards and procedures developed by the Department of Community Affairs as out lined in this Code section."
"(e) After July 1, 1992, no permit, grant, or loan shall be issued for any municipal solid waste disposal facility or any solid waste handling equipment or recycling equip ment used in conjunction therewith in a county or region which is not consistent with a local or regional solid waste management plan. Each application for a permit, grant, or loan issued after July 1, 1992, shall include the following:
(1) Certification that the facility for which a permit is sought complies with local land use and zoning requirements, if any;
(2) Verification that the facility for which a permit is sought meets the ten-year capacity needs identified in the local or regional solid waste management plan; tf eaty; and
(3) Demonstration that the host jurisdiction and the jurisdiction generating solid waste destined for the applicant's facility are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal by July 1, 1996."
Section 13. Said article is further amended by striking in its entirety subsection (a) of Code Section 12-8-33, relating to the Recycling Market Development Council, and inserting in lieu thereof the following:
"(a) Effective July 1, 1990, there is created a 15 member Recycling Market Develop ment Council to be appointed as follows:
(1) Seven members appointed by the Governor representing the paper, glass, alu minum, plastic, and ferrous and nonferrous metals industries and trade associations which are active in recycling;
(2) One member who is an elected or appointed municipal official to be appointed by the Governor;
(3) One member who is an elected or appointed member of a county governing authority to be appointed by the Governor;
(4) One member appointed by the Speaker of the House of Representatives; (5) One member appointed by the Lieutenant Governor; and (6) One representative each from the Department of Administrative Services; the Department of Industry, Trade, and Tourism; the Department of Community Affairs; and the Department of Natural Resources."
Section 14. Said article is further amended by striking in its entirety Code Section 12-8-36, relating to collection of recovered materials by each state agency, which reads as follows:
"12-8-36. (a) Each state agency which is located in a state owned building and the General Assembly, in cooperation with the Georgia Building Authority, shall establish a collection program for recovered materials generated as a result of agency operations, including, at a minimum, aluminum, high-grade office paper, and corrugated paper. The collection program shall be coordinated by the Georgia Building Authority, which at a minimum shall establish procedures for collection and storage of recovered materials and contractual or other arrangements for transportation and purchase of said recovered materials.
(b) The Georgia Building Authority is authorized to expand the state collection pro gram to cover any recovered materials not specifically referenced in this Code section and to engage in, contract for, or otherwise allow or arrange for programs which promote the composting of yard waste from state office buildings.
(c) Nothing in this part shall prohibit any state agency from engaging in, contracting for, or otherwise allowing or arranging for composting of yard waste on property owned or controlled by said agency.", and inserting in lieu thereof the following:
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JOURNAL OF THE HOUSE,
"12-8-36. (a) The Georgia Building Authority is authorized to establish and coordi nate a state-wide recycling program for state agencies and to establish, engage in, con tract for, or otherwise allow or arrange for a collection program for recovered materials generated as a result of agency operations including, but not limited to, aluminum, highgrade office paper, and corrugated paper and for the mulching or composting of yard trimmings. The Georgia Building Authority is authorized to establish procedures for the collection and storage of such materials from any property or building utilized by the state or any agency thereof and to enter into contractual or other arrangements for the transportation, disposition, or sale of such materials. Proceeds generated from such sale shall be used by the Georgia Building Authority for the purpose of offsetting the costs and expenses of administering and implementing the recycling program.
(b) Nothing in this part shall prohibit any state agency from engaging in, contracting for, or otherwise allowing or arranging for its own recycling program for recovered mate rials generated as a result of its own agency operations."
Section 15. Said article is further amended by striking in its entirety subsection (a) of Code Section 12-8-39, relating to cost reimbursement fees, and inserting in lieu thereof the following:
"(a) Effective January 1, 1992, each city or county which operates a municipal solid waste disposal facility is authorized and required to impose a cost reimbursement fee upon each ton of municipal solid waste or the volume equivalent of a ton, as determined by rules of the division, for each ton of municipal solid waste received at a municipal solid waste disposal facility regardless of its source. The fee imposed may be equal to, or a portion of, the true cost of providing solid waste management services on a per ton or volume equivalent as determined pursuant to the forms, rules, and procedures devel oped by the Department of Community Affairs as required by Code Section 12-8-39.2.
Section 16. Said article is further amended by striking in its entirety subsection (d) of Code Section 12-8-39, relating to cost reimbursement fees, and inserting in lieu thereof the following:
"(d) Effective January 1, 1992, when a municipal solid waste disposal facility is oper ated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent in addition to any other nego tiated charges or fees which shall be imposed by and paid to the host local government for the facility and may shall be used to offset the impact of the facility, public educa tion efforts for solid waste management, the cost of solid waste management, and the administration of the local or regional solid waste management plan; provided, however, that such surcharges may be used for other governmental expenses to the extent not required to meet the above or other solid waste management needs."
Section 17. Said chapter is further amended by inserting immediately following Code Section 12-8-39.2 the following:
"12-8-39.3. (a) Any city, county, or authority which operates a solid waste manage ment disposal facility or provides solid waste collection services or both and which levies and collects taxes, fees, or assessments to accomplish the purposes of this part shall be further authorized to enforce the collection of taxes, fees, or assessments due a city, county, or authority in the same manner as authorized by Chapter 3 of Title 48 and Code Section 48-2-44 or other law for the enforcement of the collection and payment of taxes, fees, or assessments.
(b) The provisions of this Code section shall apply to any taxes, fees, or assessments due a county, city, or authority under any ordinance or resolution in effect on July 1, 1992."
Section 18. Said article is further amended by striking in its entirety Code Section 12-8-40.2, relating to yard trash, and inserting in lieu thereof the following:
"12-8-40.2. Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on yard trash trimmings
MONDAY, MARCH 30, 1992
4093
which is are generated in or may ultimately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to:
(1) A requirement that yard trash trimmings not be placed in or mixed with municipal solid waste;
(2) A ban on the disposal of yard trash trimmings at municipal solid waste dis posal facilities within its jurisdiction; or
(3) A requirement that yard trash trimmings be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling."
Section 19. Said article is further amended by striking in its entirety Code Section 12-8-54, relating to the board of directors of a solid waste management authority, and inserting in lieu thereof the following:
"12-8-54. (a) Control and management of the authority shall be vested in a board of at least five directors who shall be residents of the county or municipal corporation which is a member of the authority. At least three of such directors shall be elected offi cials of the county or municipal corporation which is a member of the authority. The directors shall serve at the pleasure of the governing authority of the county or munici pal corporation. Directors shall be appointed, and may be reappointed, for terms of four years. In the case of a regional solid waste management authority, each unit of local gov ernment participating in the authority shall appoint two members, with an additional member to be appointed by the directors themselves; provided, however, that if each participating municipal corporation which is within a participating county shall agree and, if authorized by an agreement among political subdivisions activating the authority, such participating county and participating municipal corporations may join in appoint ing their members to the authority and may agree to appoint as many as two members per participating municipal corporation within a county and, if the county is participa ting, two members for the county or as few as one member per county; provided, fur ther, that in any case, an additional member shall be appointed by the directors of the authority themselves. The directors shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer or a secretarytreasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties. The directors may make bylaws and regula tions for the governing of the authority and the operation of projects and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper.
(b) Members of the board of directors of an authority formed pursuant to this Code section may agree that additional political subdivisions may become members of such authority subsequent to its formation upon an affirmative vote of two-thirds of the members of such board of directors under the terms imposed by agreement of two-thirds of the members of such board of directors."
Section 20. Said article is further amended by striking in its entirety paragraph (3) of subsection (g) of Code Section 12-8-58, relating to limitations and procedures for issu ance of bonds and other obligations, and inserting in lieu thereof the following:
"(3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hear ing may state that the bonds, when issued, will bear interest at a rate not exceeding a minimum maximum per annum rate of interest specified in such notices or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effec tive interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices."
Section 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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JOURNAL OF THE HOUSE,
Section 22. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Smith of the 78th, Ray of the 98th and Jenkins of the 80th move to amend the Senate substitute to HB 1386 by adding on line 1 of page 1 before the word "To" the following:
"To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, known as the 'Georgia Water Quality Control Act,' so as to provide that no person shall store, discharge, or dispose of sludge without the approval of the Environmental Protection Division; to provide that no person shall store, discharge, or dispose of cer tain sludge in a county other than the county in which the sludge is generated unless the governing authority of the receiving county provides approval; to provide for prac tices and procedures; to provide for applicability; to provide for exceptions;".
By striking on line 1 of page 1 the word "To" and inserting the word "to".
By inserting "to provide for handling capacity approval procedures in certain coun ties;" between "decisions;" and "to" on line 14 of page 1.
By adding between lines 6 and 7 of page 2 the following:
"Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, known as the 'Georgia Water Quality Control Act,' is amended by adding at the end thereof a new Code Section 12-5-54 to read as follows:
'12-5-54. (a) As used in this Code section, the term "sludge" means the residual material generated by a waste-water treatment facility or water supply treatment facil ity. Sludge may be a solid, liquid, or semisolid waste but does not include the treated effluent from a waste-water treatment plant or the sludge removed from a residential septic tank.
(b) No person, without first securing approval from the division, shall store, dis charge, or dispose of sludge.
(c) The division shall not approve the transportation of sludge from a municipal, county, or public authority facility from a jurisdiction in which the sludge is generated to a sludge storage or disposal facility or site located in another county unless the gov erning authority of the receiving county grants written approval for the storage or dis posal. In each instance, a description of the type and amount of sludge from the municipal, county, or public authority facility and the location and type of facility or site in which it will be stored or disposed must accompany each request for receiving county approval. This subsection shall apply to all requests for division approval of sludge disposal facilities or sites pending on or made after March 30, 1992, and to all approvals issued by the director prior to March 3, 1992, which approvals are the sub ject of an appeal or judicial review and such appeal or judicial review is in progress. This subsection shall not apply to sludge generated from an industrial facility.'"
By inserting between "decisions." and the quotation mark on line 2 of page 17 the following:
"When the governing authority of any county with a population of 250,000 people or less according to the United States decennial census of 1990 or any future such census approves a site for a privately owned municipal solid waste disposal facility handling 10,000 tons or more per month of solid waste and 15 percent of the electors residing in such county registered to vote who voted in the last gubernatorial election file a petition with the governing authority of such county for a referendum approving the handling capacity of such site, the election superintendent shall, after verifying the signatures of the electors so petitioning, issue the call and conduct a special election on a date and in the manner provided for under Code Section 21-2-540. The election superintendent
MONDAY, MARCH 30, 1992
4095
shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot for such election shall have written or printed thereon the following:
X_) YES Shall a handling capacity of 10,000 tons or more per month of solid waste for a privately owned solid waste disposal facility located in _______
(_) NO County, Georgia, be approved?'
All persons desiring to vote in favor of approval of the handling capacity shall vote 'Yes' and all persons desiring to vote against the handling capacity shall vote 'No.' If more than one-half of the votes cast are in favor of approving such handling capacity then such handling capacity shall be approved; otherwise such handling capacity shall not be approved and the handling capacity shall be limited to less than 10,000 tons per month of solid waste. The expense of the election shall be paid by the applicant for approval of the handling capacity for the privately owned solid waste facility."
By renumbering Sections 1 through 22 as Sections 2 through 23, respectively.
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams N Aiken N Alford N Ashe N Atkins N Baker N Balkcom N Barfoot N Bargeron Y Barnett.B N Barnett.M
Bates Y Beatty N Benefield Y Birdsong Y Blitch N Bordeaux N Bostick Y Branch N Breedlove N Brooks N Brown N Brush NBuck N Buckner YByrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers
N Clark.E Y Clark.L N Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B N Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S N Dobbs N Dover
Dunn N Edwards N Elliott N Felton N Fennel N Floyd,J.M N Floyd.J.W N Flynt N Godbee Y Golden Y Goodwin E Green N Greene N Griffin N Groover E Hamilton N Hammond
Manner Y Harris.B N Harris.J
N Heard Y Henson N Herbert Y Holland N Holmes N Howard Y Hudson N Irwin N Jackson N Jamieson Y Jenkins N Jones N Kilgore NKing N Kingston N Klein NLadd N Lane.D Y Lane.R Y Langford N Lawrence N Lawson NLee
Long Lord N Lucas N Mann N Martin Y McBee Y McCoy N McKelvey N McKinney.B Y McKinney.C Y Meadows N Merritt N Milam
N Mills N Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett N Parham N Parrish N Patten N Pelote Y Perry
Pettit Y Pinholster N Pinkston YPoag N Porter N Poston N Powell.A Y Powell.C Y Presley N Purcell N Randall
YRay Y Reaves
Redding Y Ricketson Y Royal N Selman N Sherrill N Simpson N Sinkfield
Y Skipper Y Smith.L N Smith.P
Smith.T N Smith.W
Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat N Taylor Y Teper
Thomas.C Y Thomes.M N Thomas.N Y Thurmond
Titus N Tolbert N Townsend N Turnquest Y Twiggs Y Valenti N Vaughan Y Walker,J
Walker.L Y Wall N Watson N Watts
White N Wilder Y Williams.B
Williams.J N Williams.R Y Yeargin
Murphy,Spkr
On the adoption of the amendment, the ayes were 58, nays 101. The amendment was lost.
Representative Dobbs of the 74th moved that the House agree to the Senate substi tute to HB 1386.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty
Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks
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JOURNAL OF THE HOUSE,
Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin
Y Groover E Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard N 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
Long Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N 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
On the motion, the ayes were 150, nays 6. The motion prevailed.
Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston NPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert N Townsend Y Turnquest Y Twiggs N Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
Representative Pettit of the 19th 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 1693.
By Representative Buck of the 95th:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions.
The following Senate amendment was read:
Amend HB 1693 by striking line 6 of page 1 and inserting the following:
"for profit and non-profit colleges and universities and certain nonpublic institutes of paper science and technology from".
By striking line 17 of page 1 and inserting the following:
"(13), (14), (15), and (16) to read as follows:".
By striking lines 5 and 6 of page 2 and inserting the following:
"States Department of Education;
(15) Any college or university that confers both associate and baccalaureate and higher degrees, that is accredited by the Southern Association of Colleges and Schools, College Division, that is operated in a for profit or non-profit status, that will post a $200,000.00 performance bond, and that contributes to any Georgia state student recov ery fund on the same basis as any other for profit or non-profit participating college or school will be exempt from all other provisions of this part; and
MONDAY, MARCH 30, 1992
4097
(16) Any nonpublic institute of paper science and".
Representative Buck of the 95th moved that the House disagree to the Senate amend ment to HB 1693.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
SB 777. By Senator Foster of the 50th:
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 change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Professional Standards Commission; to change certain provisions relating to service on the Profes sional Standards Commission.
Representative Herbert of the 76th moved that the House insist on its position in sub stituting SB 777.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
SB 784. By Senators Foster of the 50th, Deal of the 49th, Hasty of the 51st and oth ers:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the dates of the initial enrollment count for purposes of determination of enroll ment by institution; to change the method of calculating the amount of cer tain funding.
Representative Herbert of the 76th moved that the House insist on its position in sub stituting SB 784.
The motion prevailed.
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 735 Do Pass, as Amended
Respectfully submitted, /s/ Twiggs of the 4th
Chairman
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JOURNAL OF THE HOUSE,
The following Bills of the House were taken up for the purpose of considering the Senate amendmnts thereto:
HB 1169.
By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Redding of the 50th, Teper of the 46th and others:
A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Anno tated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources with regard to the "Georgia Comprehensive Solid Waste Management Act," so as to provide that the director shall not permit a biomedical waste thermal treatment tech nology facility unless the applicant is able to show that a need exists for such facility.
The following Senate amendments were read:
SENATE AMENDMENT No. 1
Amend HB 1169 by inserting on line 4 of page 3, following the word "state", the fol lowing:
". The permit of any facility which was permitted prior to January 1, 1991, but not constructed by January 1, 1993, shall be forfeited, and such facility must meet the requirements of this paragraph in order to be repermitted"
SENATE AMENDMENT No. 2
Amend HB 1169 by striking on lines 1 and 10 of page 1 the following:
"Article 2 of.
By striking on lines 2 and 11 of page 1 the word "solid".
By inserting on line 7 of page 1, following the word and symbol "Resources;", the fol lowing:
"to provide for procedures and criteria for selecting a site for certain facilities;".
By striking on line 26 of page 2 the word "article" and inserting in lieu thereof the word "chapter".
By inserting immediately following line 7 of page 4 the following:
"Section 3. Said chapter is further amended by inserting following Code Section 12-8-103.2 the following:
'12-8-103.3. The authority shall develop procedures and criteria for selecting a site for any hazardous waste facility upon documentation of need. Site selection criteria shall be developed with and shall provide for public participation, shall be incorpo rated into rules, shall include a written justification for each criterion, and shall be consistent with all applicable federal and state laws.'"
By redesignating Section 3 as Section 4.
SENATE AMENDMENT No. 3
Amend HB 1169 by striking in their entirety lines 13 through 20 of page 3 and insert ing in lieu thereof the following:
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4099
"technology facility which is:
(A) Operated exclusively by a private biomedical waste generator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste thermal treatment technology facility does not adversely affect the public health or the environment; or
(B) Operated by a hospital licensed under Title 31 on property owned by such hospital for the purpose of accepting biomedical waste, other than special waste, on a not for profit basis from other generators of biomedical waste so licensed or from other medical facilities as defined in Code Section 31-7-1 or from a generator licensed under Chapter 34 of Title 43 so long as such biomedical waste thermal treatment technology facility has the appropriate environmental permits and complies with the rules and regulations promulgated by the board and at least 50 percent of such biomedical waste is generated by the operator of such biomedical waste thermal treat ment technology facility.
After commencement of
SENATE AMENDMENT No. 4
Amend HB 1169 by adding in the title on line 7 of page 1 between the semicolon and the word "to" the following:
"to provide a certain exception;".
By adding on line 20 of page 3 between the word "environment" and the period the following:
"and shall not apply to an existing, permitted facility for which a major modification to or reissuance of said permit is being sought".
Representative Alford of the 57th moved that the House agree to the Senate amend ments to HB 1169.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe 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
Byrd Y Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B N Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel
Floyd,J.M Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
E Hamilton Y Hammond
Hanner Y Harris,B Y Harris.J Y Heard
Henson Y Herbert 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 Langford
Y Lawrence Y Lawson YLee
Long Lord Y Lucas YMann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B
N McKinney.C N Meadows
Merritt Y Milam
Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Par ham
Y Parrish Y Patten N Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter
Y Poston Powell,A
Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Smith.L Y Smith.P Smith.T Smith, W Smyre
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JOURNAL OF THE HOUSE,
Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor
V 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 Y Walker.L Y Wall Y Watson Y Watts N White
Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 143, nays 7. The motion prevailed.
Representatives Powell of the 13th, Henson of the 57th and Pettit of the 19th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 1068. By Representative Orrock of the 30th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide that a licensed clinical social worker is authorized to certify the need for involuntary emergency treatment of a per son who is mentally ill, mentally retarded, an alcoholic, a drug dependent individual, or a substance abuser.
The following Senate amendments were read:
SENATE AMENDMENT No. 1
Amend HB 1068 by striking on line 5 of page 1 the following: "mentally retarded,". By striking lines 1 through 15 on page 2. By renumbering Sections 3 and 4 as Sections 2 and 3, respectively.
SENATE AMENDMENT No. 2
Amend HB 1068 by adding in the title on line 2 of page 1 between the word "as" and the word "to" the following:
"to change the provisions relating to when the comprehensive evaluation team is required to file its report;".
By adding between lines 9 and 10 on page 1 the following:
"Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking in its entirety subsection (c) of Code Section 37-4-40, relating to the filing of petition with court for according of program of services to a mentally retarded person, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) The comprehensive evaluation team shall file its written report with the court within ten daysz Saturdays, Sundays, and legal holidays excluded, after examining the client, with dissenting opinions, if any. If a majority of the team concludes that the client is mentally retarded and that he should be ordered to receive services from the department because he is in need of appropriate care, training, education, habilitation, or other specialized services other than that which he is then receiving, the report sub mitted by the evaluation team shall be in the form of an individualized program plan for the allegedly mentally retarded person.'"
MONDAY, MARCH 30, 1992
4101
By striking in their entirety lines 10 and 11 on page 1 and inserting in lieu thereof the following:
"Section 1.1. Said title is further amended by".
Representative Orrock of the 30th moved that the House agree to the Senate amend ments to HB 1068.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch N Breedlove
Brooks Y Brown N Brush YBuck Y Buckner
Byrd Y Campbell
N Canty Carrell
Y Carter N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E
Clark.L Y Coker Y Coleman
Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Elliott
Felton Fennel N Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Groover E Hamilton Y Hammond Manner Y Harris.B Y Harris.J
Heard
Y Henson N Herbert Y Holland Y Holmes Y Howard
Y Hudson .Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein NLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Long
Lord Y Lucas YMann Y Martin Y McBee 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 N Mueller Y Oliver.C
Y Oliver.M Y Orr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten N Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston
Powell.A Y Powell.C N Presley N Purcell Y Randall YRay
Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith,?
Smith.T
Y Smith, W Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Titus Y Tolbert
Townsend Turnquest N Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White N Wilder Y Williams.B Williams.J N Williams.R Y Yeargin Murphy ,Spkr
On the motion, the ayes were 130, nays 19. The motion prevailed.
Representatives Fennel of the 155th, Powell of the 13th, Carrell of the 65th and Pettit of the 19th stated that they had been called from the floor of the House during the pre ceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1607.
By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of proba tion or suspension of sentence, to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations of pro bation, so as to provide that defendants shall not in the same or related sen tences be sentenced to both prison and probation.
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The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1607
The Committee of Conference on HB 1607 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1607 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Wayne Garner Senator, 30th District
/s/ Carlton Colwell Representative, 4th District
/s/ Nathan Dean Senator, 31st District
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ Walter S. Ray Senator, 19th District
/s/ Henry Bostick Representative, 138th District
A BILL
To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of probation or suspension of sentence; to change pro visions relating to continuing jurisdiction over probated sentences; to change procedures relating to shortening a period of probation; to provide that certain parolees or probation ers shall not be entitled to bond pending a hearing; to provide for exceptions; to provide for notification of victims of certain crimes and their right to appear at hearings concern ing shortened probation; to provide that the Department of Corrections shall have jurisdic tion over the suspension of sentences of misdemeanor probationers; to amend Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to awarding earned-time allowances, so as to authorize the Department of Corrections to provide for a system of work incentive credits for felony inmates; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide that the provisions of said Code section shall be subject to the provisions of certain other statutes; to repeal the provision relating to discharge or reassignment of probation supervisors; to provide for a two-year maximum period of supervision; to authorize the chief judge of any court within a county to enter into agreements with private entities for misdemeanor pro bation services or to establish a county probation system for misdemeanors; to create the County Probation Advisory Council; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to authorize the Board of Par dons and Paroles to enter into memoranda of agreement evidencing contracts for programs and services on behalf of persons in its legal custody; to provide for the collection of resti tution during the period of parole; to provide that inmates serving sentences for violent crimes shall not be paroled prior to having served one-third of their prison sentences; to provide for mandatory revocation of parole in certain cases; to provide for matters relative to the foregoing; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety subsection (a) of Code Section 17-10-1, relating to the fixing of sen tences, which reads as follows:
MONDAY, MARCH 30, 1992
4103
"(a) (1) Except in cases in which life imprisonment or the death penalty must be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or fel ony and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years, which shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate the sentence under such rules and regulations as he deems proper. The judge shall also be empowered to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court. After the term of court, or 60 days from the date on which the sentence was imposed by the judge, whichever time is greater, he shall have no authority to suspend, probate, modify, or change the sentence of the defendant, except as provided in paragraph (2) of this subsection or as otherwise provided by law.
(2) Where a defendant has been sentenced to probation, the court shall retain jurisdiction throughout the period of the probated sentence to shorten the period of probation on motion of the defendant or on its own motion, if the court determines
that probation is no longer necessary or appropriate for the ends of justice, the protec tion of society, and the rehabilitation of the defendant. Prior to entering any order for shortening a period of probation, the court shall afford notice and an opportunity
for hearing to the prosecuting attorney; the victim or victims of the crime, if any; and the defendant by registered mail.", and inserting in lieu thereof a new subsection (a) to read as follows: "(a) (1) Except in cases in which life imprisonment or the death penalty must be
imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or fel ony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within
the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all
or any part of the entire sentence under such rules and regulations as the judge deems
proper, subject to the conditions set out in this subsection. (2) Probation supervision shall terminate in all cases no later than two years from
the commencement of probation supervision unless specially extended or reinstated by
the sentencing court upon notice and hearing and for good cause shown; provided, however, in those cases involving the collection of fines, restitution, or other funds, the
period of supervision shall remain in effect for so long as any such obligation is out
standing, or until termination of the sentence, whichever first occurs. (3) (A) Any part of a sentence of probation revoked for a violation other than a subsequent commission of any felony, or a misdemeanor offense involving physical
violence resulting in bodily injury to an innocent victim which in the, opinion of the trial court constitutes a danger to the community or a serious infraction occurring
while the defendant is assigned to an alternative probation confinement facility
shall be served in a probation detention center, probation boot camp, diversion cen ter, weekend lock up, or confinement in a local jail or detention facility, or other
community correctional alternatives available to the court or provided by the Department of Corrections.
(B) A parolee or probationer charged with a new felony or misdemeanor involv
ing physical injury or terroristic threats shall not be entitled to bond pending a hearing on the revocation of his or her parole or probation, except by order of a
judge of the superior court wherein the alleged new offense occurred after a hearing
and upon determination of the superior court that the parolee or probationer does not constitute a threat to the community. (4) In cases of imprisonment followed by probation, the sentence shall specifically
provide that the period of probation shall not begin until the defendant has completed service of the confinement portion of the sentence. No revocation of any part of a pro
bated sentence shall be effective while a defendant is in the legal custody of the Board of Pardons and Paroles.
(5) (A) Where a defendant has been sentenced to probation, the court shall
retain jurisdiction throughout the period of the probated sentence as provided for
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in subsection (g) of Code Section 42-8-34. Without limiting the generality of the foregoing, the court may shorten the period of probation on motion of the defendant or on its own motion, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilita tion of the defendant. Prior to entering any order for shortening a period of proba tion, the court shall afford notice to the victim or victims of all sex related offenses or violent offenses resulting in serious bodily injury or death, and, upon request of the victim or victims so notified, shall afford notice and an opportunity for hearing to the defendant and the prosecuting attorney.
(B) The Department of Corrections shall establish a form document which shall include the elements set forth in this Code section concerning notification of victims and shall make copies of such form available to prosecuting attorneys in the state. When requested by the victim, the form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the probation office having jurisdiction over the case and contain a statement that the victim must maintain a copy of his or her address with the probation office and must notify the office of any change of address in order to maintain eligibility for notification by the Department of Corrections as required in this Code section."
Section 2. Said article is further amended by adding at the end of Code Section 17-10-3, relating to punishments for misdemeanors generally, a new subsection (g) to read as follows:
"(g) Supervision of a defendant by the Department of Corrections may be imposed in probated or suspended misdemeanor sentences only for the misdemeanor offenses set forth in Title 16, Code Sections 40-6-391, 40-6-393, 40-6-393.1, 40-6-394, or subsection (c) of Code Section 40-6-395, and for all misdemeanor offenses of a high and aggravated nature. Except as provided in this subsection or in Article 6 of Chapter 8 of Title 42, the Department of Corrections shall lack jurisdiction to supervise misdemeanor offend ers."
Section 3. Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Anno tated, relating to awarding earned-time allowances, is amended by adding at the end thereof a new Code Section 42-5-101 to read as follows:
"42-5-101. (a) The Department of Corrections is authorized to devise and to pro vide by agency rule a system of work incentive credits which may be awarded by the department to persons committed to its custody for any felony prison term other than life imprisonment.
(b) Work incentive credits may be awarded by the department to recognize inmates' institutional attainments in academic or vocational education, satisfactory performance of work assignments made by the penal institution, and compliance with satisfactory behavior standards established by the department.
(c) The department may award up to one day of work incentive credits for each day during which the subject inmate has participated in approved educational or other coun seling programs, has satisfactorily performed work tasks assigned by the penal institu tion, and has complied with satisfactory behavior standards established by the department.
(d) Any work incentive credits awarded an inmate by the department shall be reported by the department to the State Board of Pardons and Paroles which shall con sider such credits when making a final parole release decision regarding the subject inmate. The department is authorized to recommend the board apply the work incentive credits to advance any tentative parole release date already established for the subject inmate.
(e) The department also shall report to the State Board of Pardons and Paroles the cases of inmates who decline or refuse to participate in work, educational, or counseling programs, who fail to comply with satisfactory behavior standards, and who therefore refuse to earn work incentive credits."
Section 4. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by repealing in its entirety subsection (e) of Code Section
MONDAY, MARCH 30, 1992
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42-8-26, relating to discharge or reassignment of probation supervisors, which reads as fol lows:
"(e) If the judge or a majority of the judges of the circuit or circuits become dissatis fied with the probation supervisor assigned to the circuit or circuits, the judge or judges may relieve the probation supervisor from his duties in such circuit or circuits, in which event the judge or judges shall immediately recommend to the department that the pro bation supervisor be either discharged or reassigned to another circuit, giving reasons therefor, and the department shall immediately discharge or reassign the probation supervisor. No such probation supervisor shall be hired for a given circuit without prior consultation with the judge or judges of the circuit in which he is to serve."
Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 42-8-34, relating to hearings and determinations of probation, which reads as follows:
"(c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the pen alty imposed by law, the court in its discretion shall impose sentence upon the defend ant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervi sor for the duration of such probation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defend ant.", and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Subject to the provisions of subsection (a) of Code Section 17-10-1 and subsec tion (g) of Code Section 17-10-3, if it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall pres ently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any por tion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such probation. The period of probation or sus pension shall not exceed the maximum sentence of confinement which could be imposed on the defendant."
Section 6. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 42-8-34.1, relating to limitation on probation or parole supervision, which reads as follows:
"(e) In no event shall an offender be supervised on probation or parole, or both, for more than a total of four years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except upon written order of the court for the purpose of enforcing restitution or fines or for the protection of the victim or class of victims as defined by age or gender or by type of crime committed.", and inserting in its place a new subsection (e) to read as follows:
"(e) In no event shall an offender be supervised on probation for more than a total of two years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except as provided by paragraph (2) of subsection (a) of Code Section 17-10-1."
Section 7. Said chapter is further amended by striking in its entirety Code Section 42-8-100, relating to probation services provided by private corporations, enterprises, or agencies, which reads as follows:
"42-8-100. (a) The judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of that county, is authorized to enter into an agreement with a private corporation, enterprise, or agency to provide general probation supervision, fine collection services, counseling, and other probation services for persons convicted of a misdemeanor in the probate court or magis trate court of the county and placed on probation in the county.
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(b) The judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide general probation supervision, fine collec tion services, counseling, and other probation services for persons convicted of a misde meanor in the probate court or magistrate court of the county and placed on probation in the county.", and inserting in lieu thereof a new Code Section 42-8-100 to read as follows:
"42-8-100. The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into memoranda of agreement or other written documents evidencing contracts with corporations, enterprises, or agen cies, or to establish a county probation system, to provide general supervision and collec tion services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, counseling, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county."
Section 8. Said chapter is further amended by striking in its entirety Code Section 42-8-101, relating to the Advisory Council for Probation in the Probate and Magistrate Courts, which reads as follows:
"42-8-101. There is created the Advisory Council for Probation in the Probate and Magistrate Courts, to be composed of one probate judge designated by the Council of Probate Court Judges, one chief magistrate designated by the Council of Magistrate Court Judges, and the commissioner of corrections or his designee. Such council shall promulgate rules and regulations regarding contracts or agreements for probation ser vices as authorized in subsection (a) of Code Section 42-8-100 and regarding standards and qualifications in the provision of probation services in the probate court or magis trate court.", and inserting in lieu thereof a new Code Section 42-8-101 to read as follows:
"42-8-101. There is created the County Probation Advisory Council, to be composed of one superior court judge designated by the Council of Superior Court Judges, one state court judge designated by the Council of State Court Judges, one sheriff desig nated by the Georgia Sheriffs' Association, one probate court judge designated by the Council of Probate Court Judges, one chief magistrate designated by the Council of Magistrate Court Judges, the commissioner of corrections or his designee, and one county commissioner designated by the Association County Commissioners of Georgia. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services as authorized by this article."
Section 9. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by striking in its entirety Code Section 42-9-21, relat ing to the supervision of persons placed on parole or other conditional release, which reads as follows:
"42-9-21. The board shall have the function and responsibility of supervising all per sons placed on parole or other conditional release by the board.", and inserting in its place a new Code Section 42-9-21 to read as follows:
"42-9-21. (a) The board shall have the function and responsibility of supervising all persons placed on parole or other conditional release by the board.
(b) The board is authorized to enter into memoranda of agreement or other written documents evidencing contracts with other state agencies, persons, or nonsectarian enti ties, for services or for programs deemed by the board to be necessary for parolees or others conditionally released from imprisonment by order of the board.
(c) In all cases where restitution is applicable, the board shall collect during the parole period those sums determined to be owed to the victim."
Section 10. Said chapter is further amended by adding at the end of Code Section 42-9-45, relating to general rule-making powers, a new subsection (f) to read as follows:
"(f) Except to correct a patent miscarriage of justice and not otherwise, no inmate serving a sentence imposed for any of the crimes listed in this subsection shall be
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granted release on parole until and unless said inmate has served on good behavior seven years of imprisonment or one-third of the prison term imposed by the sentencing court for the violent crime, whichsoever first occurs. No inmate serving a sentence for any crime listed in this subsection shall be released on parole for the purpose of regu lating jail or prison populations. This subsection shall govern parole actions in sentences imposed for any of the following crimes: voluntary manslaughter, armed robbery, kid napping, rape, aggravated sodomy, aggravated child molestation, statutory rape, incest, cruelty to children, arson in the first degree, homicide by vehicle while under the influ ence of alcohol or as a habitual traffic violator, aggravated battery, aggravated assault, trafficking in drugs, and violations of Chapter 14 of Title 16, the 'Georgia RICO (Racke teer Influenced and Corrupt Organizations) Act."'
Section 11. Said chapter is further amended by striking subsection (a) of Code Sec tion 42-9-51, relating to final parole revocation hearings, which reads as follows:
"(a) A parolee who has allegedly violated the terms of his parole or conditional release shall have a right to a final hearing before the board, to be held within a reason able time after the occurrence of one of the events listed in this subsection. However, a final hearing shall not be required if the parolee or conditional releasee has signed a waiver of final hearing or has been convicted of or entered a plea of guilty or nolo contendere to any crime, whether felony or misdemeanor, in a court of record of this state. The final hearing, if any, shall be held within a reasonable time:
(1) After an arrest warrant has been issued by a member of the board and proba ble cause for revocation has been found by the preliminary hearing officer;
(2) After a majority of the board overrules a determination by the preliminary hearing officer that probable cause does not exist;
(3) After the board or two of its members are informed of an alleged violation and decide to consider the matter of revocation without issuing a warrant for the alleged violator's arrest; or
(4) After a determination has been made that no preliminary hearing is required under subsection (a) of Code Section 42-9-50.", and inserting in lieu thereof a new subsection (a) to read as follows: "(a) A parolee who has allegedly violated the terms of his parole or conditional release shall, except as otherwise provided in this subsection, have a right to a final hearing before the board, to be held within a reasonable time after the occurrence of one of the events listed in this subsection. No final hearing shall be required or permit ted if the parolee or conditional releasee has been convicted of or entered any form of guilty plea or plea of nolo contendere in any federal or state court of record to any fel ony crime, or misdemeanor involving physical injury, committed by the parolee or condi tional releasee during a term of parole or conditional release, and which new conviction results in imposition by the convicting court of a term of imprisonment, and, in such cases, the board shall revoke the entire unexpired term of parole or conditional release. In no case shall a final hearing be required if the parolee or conditional releasee has signed a waiver of final hearing. The final hearing, if any, shall be held within a reason able time:
(1) After an arrest warrant has been issued by a member of the board and proba ble cause for revocation has been found by the preliminary hearing officer;
(2) After a majority of the board overrules a determination by the preliminary hearing officer that probable cause does not exist;
(3) After the board or two of its members are informed of an alleged violation and decide to consider the matter of revocation without issuing a warrant for the alleged violator's arrest; or
(4) After a determination has been made that no preliminary hearing is required under subsection (a) of Code Section 42-9-50."
Section 12. In the event any provision or section of this Act should be determined to be unconstitutional or unlawful, said provision or section shall be severed and shall alone be voided, and all of the remaining provisions or sections shall remain and continue to be of full force and effect.
4108
JOURNAL OF THE HOUSE,
Section 13. Sections 2 and 3 of this Act shall become effective July 1, 1992. All other parts of 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.
Representative Colwell of the 4th moved that the House adopt the report of the Com mittee of Conference on HB 1607.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong N Blitch
Y Bordeaux Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis.D Y 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 E Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Heard Henson Y Herbert 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 N Long Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey McKinney,B Y McKinney.C Y Meadows Y Merritt Milam
On the motion, the ayes were 146, nays 4. The motion prevailed.
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 Powell.A
Y Powell.C
Y Presley Y Purcell
Y Randall YRay
Reaves Redding Y Ricketson N Royal Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith.P
Smith.T
N Smith.W Smyre Snow
Y Stancil.F Y Stancil.S Y Stanley
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 Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr
Representatives Heard of the 43rd, Powell of the 13th and Henson of the 57th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 1649.
By Representatives Baker of the 51st, Chambless of the 133rd, Oliver of the 53rd and Pettit of the 19th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for required qualification of foreign limited liability companies; to provide for a defini tion; to provide for the laws governing a foreign limited liability company.
MONDAY, MARCH 30, 1992
4109
The following Senate substitute was read:
A BILL
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for required qualification of foreign limited liability companies; to provide for a definition; to provide for the laws governing a foreign limited liability company; to provide for and require certificates of authority; to provide for activities not constituting the transaction of business; to provide for applications and their contents; to require and provide for registered agents and registered offices; to pro vide for the qualifications, powers, and duties of registered agents; to provide for the filing of statements and documents; to provide for resignation of registered agents; to provide for changes in registered offices; to provide for service of process, notices, or demands; to provide for certificates of authority; to provide for venue; to provide for the powers and duties of the Secretary of State; to provide for issuance of certificates; to provide for names and requirements related thereto; to provide for changes of names or jurisdictions of organizations; to provide for withdrawal of foreign limited liability companies; to pro vide for revocation of certificates and grounds for revocation; to provide procedures for and effect of revocation; to provide for appeals from revocation; to provide for transaction of business without registering and the effect thereof; to provide for actions by the Attor ney General; to provide for annual registrations; to provide for fees; to provide for the administrative powers of the Secretary of State; to provide for rules and regulations; to provide for the duty of the Secretary of State to file documents and the effect of such filing; 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 14 of the Official Code of Georgia Annotated, relating to corpora tions, partnerships, and associations, is amended by adding at the end thereof a new Chap ter 11 to read as follows:
"CHAPTER 11
14-11-1. As used in this chapter, the term 'foreign limited liability company' means a limited liability company formed under the laws of a jurisdiction other than this state.
14-11-2. (a) The laws of the jurisdiction under which a foreign limited liability com pany is organized govern its organization and internal affairs and the liability of its managers, members, and other owners, regardless of whether the foreign limited liability company procured or should have procured a certificate of authority under this chapter.
(b) A foreign limited liability company may not be denied a certificate of authority by reason of any difference between the laws of the jurisdiction under which the foreign limited liability company is organized and the laws of this state.
14-11-3. (a) A foreign limited liability company transacting business in this state shall procure a certificate of authority to do so from the Secretary of State. In order to procure a certificate of authority to transact business in this state, a foreign limited liability company shall submit to the Secretary of State an application for a certificate of authority as a foreign limited liability company, signed by a person duly authorized to sign such instruments by the laws of the jurisdiction under which the foreign limited liability company is organized, setting forth:
(1) The name of the foreign limited liability company and, if different, the name under which it proposes to qualify and transact business in this state;
(2) The name of the jurisdiction under whose laws it is organized; (3) Its date of organization and period of duration; (4) The street address and county of its registered office in this state and the name of its registered agent at that office; (5) A statement that the Secretary of State is, pursuant to subsection (i) of Code Section 14-11-4, appointed the agent of the foreign limited liability company for ser vice of process if no agent has been appointed under subsection (a) of Code Section
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JOURNAL OF THE HOUSE,
14-11-4 or, if appointed, the agent's authority has been revoked or the agent cannot be found or served by the exercise of reasonable diligence;
(6) The address of the office required to be maintained in the jurisdiction of its organization by the laws of that jurisdiction or, if no such office is required, its princi pal office;
(7) The address of the office at which is kept a list of the names and addresses of its members and other owners, together with an undertaking by it to keep those records until its registration in this state is canceled or revoked; and
(8) The name and a business address of a person who, under the laws of the juris diction under which it was formed, has substantial responsibility for managing its business activities. (b) Without excluding other activities which may not constitute transacting business in this state, a foreign limited liability company shall not be considered to be transacting business in this state, for the purpose of qualification under this chapter, solely by rea son of carrying on in this state any one or more of the following activities:
(1) Maintaining or defending any action or administrative or arbitration proceed ing or effecting the settlement thereof or the settlement of claims or disputes;
(2) Holding meetings of its managers, members, or other owners or carrying on other activities concerning its internal affairs;
(3) Maintaining bank accounts, share accounts in savings and loan associations, custodial or agency arrangements with a bank or trust company, or stock or bond bro kerage accounts;
(4) Maintaining offices or agencies for the transfer, exchange, and registration of membership or other ownership interests in it or appointing and maintaining trustees or depositaries with relation to such interests;
(5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where such orders require acceptance outside this state before becoming binding contracts and where such contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property or recording the same; (8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Effecting transactions in interstate or foreign commerce; (10) Owning or controlling another entity organized under the laws of, or transact ing business within, this state; (11) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature; or (12) Serving as trustee, executor, administrator, or guardian or, in like fiduciary capacity, where permitted so to serve by the laws of this state. (c) The list of activities in subsection (b) of this Code section is not exhaustive. (d) This Code section shall not be deemed to establish a standard for activities that may subject a foreign limited liability company to taxation or to service of process under any of the laws of this state.
14-11-4. (a) Each foreign limited liability company that is required to procure a cer tificate of authority to do business in this state shall continuously maintain in this state a registered office and a registered agent at such registered office for service of process on the foreign limited liability company.
(b) A registered agent must be an individual resident of this state, a domestic corpo ration, or a foreign corporation authorized to do business in this state.
(c) A foreign limited liability company may change its registered office or its regis tered agent, or both, by indicating any such change on its annual registration statement filed pursuant to Code Section 14-11-14 or by executing and delivering to the Secretary of State for filing a statement setting forth:
(1) The name of the foreign limited liability company;
(2) The street address and county of its then registered office;
MONDAY, MARCH 30, 1992
4111
(3) If the address of its registered office is to be changed, the new street address and county of the registered office;
(4) The name of its then registered agent; and (5) If its registered agent is to be changed, the name of its successor registered agent.
(d) If the Secretary of State finds that such statement conforms to subsection (c) of this Code section, he shall file such statement in his office; and upon such filing, the change of address of the registered office or the change of the registered agent, or both, as the case may be, shall become effective.
(e) A registered agent of a foreign limited liability company may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least 10 days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed to the person, and at the address, indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-11-14, or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-11-3. Upon such resignation becoming effective, the address of the office of the resigned registered agent shall no longer be the address of the registered office of the foreign limited liability company.
(f) A registered agent may change the agent's office and the address of the registered office of any foreign limited liability company of which the agent is the registered agent to another place within this state by filing a statement as required in subsection (c) of this Code section, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a copy of the statement has been mailed to the person, and at the address, indi cated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-11-14, or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-11-3.
(g) The registered agent of one or more foreign limited liability companies may resign and appoint a successor registered agent by filing a statement with the Secretary of State stating that the agent resigns and stating the name, street address, and county of the office of the successor registered agent. There shall be attached to such statement a statement executed by each affected foreign limited liability company ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of each such foreign limited liability company as has ratified and approved such substitution, and the successor registered agent's office, as stated in such statement, shall become the registered office in this state of each such foreign limited liability company. The Secretary of State shall furnish to the successor registered agent a certified copy of the statement of resignation.
(h) The registered agent of a foreign limited liability company authorized to transact business in this state is an agent of the foreign limited liability company on whom may be served any process, notice, or demand required or permitted by law to be served on the foreign limited liability company.
(i) Whenever a foreign limited liability company required to procure a certificate of authority to do business in this state shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, the Secretary of State shall be an agent of such foreign limited liability company upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by deliver ing to and leaving with him or with any persons designated by the Secretary of State to receive such service two copies of such process, notice, or demand. The plaintiff or his attorney shall certify in writing to the Secretary of State that the foreign limited lia bility company failed either to maintain a registered office or appoint a registered agent
4112
JOURNAL OF THE HOUSE,
in this state and that he has forwarded by registered mail such process, service, or demand to the last registered agent at the last registered office listed on the records of the Secretary of State and that service cannot be effected at such office.
(j) The Secretary of State shall keep a record of all processes, notices, and demands served upon him under this Code section and shall record therein the time of such ser vice and his action with reference thereto.
(k) This Code section does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a foreign limited liability company.
(1) Venue in proceedings against a foreign limited liability company shall be deter mined in accordance with the pertinent constitutional and statutory provisions of this state in effect on the effective date of this chapter or thereafter. For purposes of deter mining venue, the residence of each foreign limited liability company authorized to transact business in this state shall be determined in accordance with Code Section 14-2-510 as though such foreign limited liability company were a foreign corporation.
14-11-5. (a) If the Secretary of State finds that an application for a certificate of authority conforms to law and all requisite fees and any penalty due pursuant to Code Section 14-11-9 have been paid, he shall:
(1) Stamp or otherwise endorse his official title and the date and time of receipt
on the application; (2) File in his office a copy of the application; and (3) Issue a certificate of authority to transact business in this state.
(b) The certificate of authority must be returned to the person who filed the applica
tion or such person's representative. (c) If the certificate of authority is issued by the Secretary of State, a foreign limited
liability company shall be deemed authorized to transact business in this state from the
time of filing its application for the certificate of authority. 14-11-6. (a) A foreign limited liability company may apply for a certificate of
authority with the Secretary of State under any name, whether or not it is the name
under which it is registered in its jurisdiction of organization; provided, however, that
such name: (1) Must contain the words 'limited liability company' or 'limited company' (it
being permitted to abbreviate the word 'limited' as 'ltd.' and the word 'company' as 'co.') or the abbreviations 'L.L.C.' or 'L.C.';
(2) Must be distinguishable on the records of the Secretary of State from the name of any corporation, nonprofit corporation, limited partnership, foreign limited liability
company, professional corporation, or professional association on file with the Secre
tary of State pursuant to this title; and (3) May not contain any words indicating that the business is organized other than
as a limited liability company.
(b) Whenever a foreign limited liability company is unable to procure a certificate of authority to transact business in this state because its name does not comply with
paragraph (2) of subsection (a) of this Code section, it may nonetheless apply for authority to transact business in this state by adding in parentheses to its name in such
application a word, abbreviation, or other distinctive and distinguishing element such as the name of the jurisdiction where it is organized. If in the judgment of the Secretary
of State the name of the foreign limited liability company with such addition would comply with subsection (a) of this Code section, subsection (a) of this Code section shall
not be a bar to the issuance to such foreign limited liability company of a certificate of authority to transact business in this state. In such case, any such certificate issued to such foreign limited liability company shall be issued in its name with such additions,
and the foreign limited liability company shall use such name with such additions in all its dealings with the Secretary of State.
14-11-7. A foreign limited liability company authorized to transact business in this
state must procure an amended certificate of authority from the Secretary of State if it changes its name or its jurisdiction of organization. The requirements of Code Sec tions 14-11-3 and 14-11-5 for procuring an original certificate of authority shall apply
to procuring an amended certificate under this Code section.
MONDAY, MARCH 30, 1992
4113
14-11-8. (a) A foreign limited liability company authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State.
(b) A foreign limited liability company authorized to transact business in this state may apply for a certificate of withdrawal by delivering to the Secretary of State for fil ing an application that sets forth:
(1) The name of the foreign limited liability company and the name of the juris diction under whose law it is organized;
(2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state;
(3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state;
(4) A mailing address to which a copy of any process served on the Secretary of State pursuant to paragraph (3) of this subsection may be mailed under subsection (c) of this Code section; and
(5) A commitment to notify the Secretary of State in the future of any change in the mailing address provided pursuant to paragraph (4) of this subsection, (c) After the withdrawal of the foreign limited liability company is effective, service of process on the Secretary of State under this Code section is service on the foreign limited liability company. Any party that serves process on the Secretary of State in accordance with this subsection shall also mail a copy of the process to the foreign lim ited liability company at the mailing address provided pursuant to subsection (b) of this Code section. 14-11-9. The Secretary of State may commence a proceeding under Code Section 14-11-10 to revoke the certificate of authority of a foreign limited liability company authorized to transact business in this state if:
(1) The foreign limited liability company does not deliver its annual registration to the Secretary of State within 60 days after it is due;
(2) The foreign limited liability company does not pay within 60 days after they are due any fees, taxes, or penalties imposed by this chapter or other law;
(3) The foreign limited liability company is without a registered agent or registered office in this state for 60 days or more;
(4) The foreign limited liability company does not inform the Secretary of State under Code Section 14-11-4 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontin ued within 60 days of the change, resignation, or discontinuance;
(5) A member, manager, other owner, or agent of the foreign limited liability com pany signed a document such person knew was false in a material respect with intent that the document be delivered to the Secretary of State for filing; or
(6) The Secretary of State receives a duly authenticated certificate from the secre tary of state or other official having custody of records in the jurisdiction under whose law the foreign limited liability company is organized stating that it has been dis solved, terminated, or disappeared as the result of a merger.
14-11-10. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-11-9 for revocation of a certificate of authority, the Secretary of State shall provide the foreign limited liability company with written notice of such determination by mailing a copy of the notice, first-class mail, to the person and at the address indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-11-14 or, if no annual registration statement has been filed, in its application for a certificate of authority to transact busi ness pursuant to paragraph (8) of subsection (a) of Code Section 14-11-3 or to the regis tered agent.
(b) If the foreign limited liability company does not correct each ground for revoca tion or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after the
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JOURNAL OF THE HOUSE,
notice is provided to the foreign limited liability company, the Secretary of State may revoke the foreign limited liability company's certificate of authority by signing a certifi cate of revocation that recites the ground or grounds for revocation and its effective date.
(c) The authority of a foreign limited liability company to transact business in this state ceases on the date shown on the certificate revoking its certificate of authority.
(d) The Secretary of State's revocation of a foreign limited liability company's certif icate of authority appoints the Secretary of State as the foreign limited liability compa ny's agent for service of process in any proceeding based on a cause of action which arose during the time the foreign limited liability company was authorized to transact business in this state. Service of process on the Secretary of State under this subsection is service on the foreign limited liability company. Any party that serves process on the Secretary of State shall also mail a copy of the process to the person and at the address indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-11-14 or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-11-3 or to the registered agent. This paragraph does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a foreign limited liability company.
(e) Revocation of a foreign limited liability company's certificate of authority does not terminate the authority of the registered agent of the foreign limited liability com pany.
14-11-11. (a) A foreign limited liability company may appeal the Secretary of State's revocation of its certificate of authority to the Superior Court of Fulton County within 30 days after service of the certificate of revocation is perfected under Code Sec
tion 14-11-10. The foreign limited liability company appeals by petitioning the court to set aside the revocation and attaching to the petition copies of its certificate of authority
and the Secretary of State's certificate of revocation. (b) The court may summarily order the Secretary of State to reinstate the certificate
of authority or may take any other action the court considers appropriate. (c) The court's final decision may be appealed as in other civil proceedings.
14-11-12. (a) A foreign limited liability company transacting business in this state may not maintain an action, suit, or proceeding in a court of this state until it is autho
rized to transact business in this state. (b) The failure of a foreign limited liability company to procure a certificate of
authority does not impair the validity of any contract or act of the foreign limited liabil
ity company or prevent the foreign limited liability company from defending any action, suit, or proceeding in any court of this state.
(c) A foreign limited liability company that transacts business in this state without registering as required by this chapter shall be liable to the state:
(1) For all fees which would have been imposed by this chapter upon such foreign limited liability company had it registered as required by this chapter; and
(2) If it has not been authorized to transact business in this state within 30 days
after the first day on which it transacts business in this state, for a penalty of $500.00 for each year or part thereof during which it so transacts business.
14-11-13. The Attorney General may maintain an action to restrain a foreign limited liability company from transacting business in this state in violation of this chapter.
14-11-14. (a) Each foreign limited liability company authorized to transact business
in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:
(1) The name of the foreign limited liability company and the jurisdiction under whose laws it is organized;
(2) The street address and county of its registered office in this state and the
name of its registered agent at that office; (3) The address of the office it is required to maintain in the jurisdiction of its
organization by the laws of that jurisdiction or, if no such office is required to be
maintained, of its principal office;
MONDAY, MARCH 30, 1992
4115
(4) The address of the office at which is kept a list of the names and addresses of the members and other owners of the foreign limited liability company;
(5) The name and a business address of a person who, under the laws of the juris diction under which the foreign limited liability company was formed, has substantial responsibility for managing the business activities of the foreign limited liability com pany; and
(6) Any additional information that is necessary to enable the Secretary of State to carry out the provisions of this chapter. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the foreign limited liability company. (c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which the foreign limited liabil ity company was authorized to transact business in this state. Subsequent annual regis trations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the fol lowing calendar years. (d) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting foreign limited liabil ity company in writing and return the report to it for correction. If the report is cor rected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed. 14-11-15. The Secretary of State shall collect the following fees and penalties when the documents described below are delivered to the Secretary of State for filing pursu ant to the chapter:
Document
Fee
(1)Application for certificate of authority to transact business.............................................................! 200.00
(2)Statement of change of registered office or registered agent .........................$
5.00 per foreign limited liability company, but not less than $20.00
(3)Registered agent's statement of resignation pursuant to subsection (c) of Code Section 14-11-4................................................................................ No fee
(4)Annual registration ............................................................$ (5)Any other document
required or permitted to be filed by this chapter......................................................................?
25.00 20.00
14-11-16. The Secretary of State shall have the power and authority reasonably nec essary to enable him to administer this chapter efficiently and to perform the duties imposed upon him pursuant to this chapter, including, without limitation, the power and authority to employ from time to time such additional personnel as in his judgment are required for such purposes.
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JOURNAL OF THE HOUSE,
14-11-17. The Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this chapter, which are incidental to and necessary for the implementation and enforcement of such provisions of this chapter as are admin istered by the Secretary of State. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
14-11-18. The Secretary of State's duty to file documents under this chapter is min isterial. His filing or refusing to file a document does not:
(1) Affect the validity or invalidity of the document in whole or part; (2) Relate to the correctness or incorrectness of information contained in the docu ment; or (3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. 14-11-19. This chapter becomes effective on, and governs all foreign limited liability companies transacting business in this state on or after, July 1, 1992."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Baker of the 51st moved that the House agree to the Senate substitute to HB 1649.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford
Y Ashe 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 N Breedlove
Brooks Y Brown Y Brush
Y Buck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D 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 Y Flynt Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin Y Groover
E Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Y Heard Henson
Y Herbert Y Holland
Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore
King Y Kingston Y Klein YLadd Y Lane.D
Y Lane.R Y Langford
Y Lawrence Y Lawson
YLee YLong
Lord
Y Lucas YMann Y Martin Y McBee 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 01iver,M Y Orr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston
Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray
Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith,?
Smith.T Y Smith, W
Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
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
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 151, nays 1. The motion prevailed.
Representatives Fennel of the 155th, Henson of the 57th and Powell of the 13th 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.
MONDAY, MARCH 30, 1992
4117
The Speaker assumed the Chair.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th 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 conditions of employ ment under the "Quality Basic Education Act," so as to provide for a payfor-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Edu cation; to provide for proposals by local schools.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 488
The Committee of Conference on SB 488 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 488 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Harrill L. Dawkins Senator, 45th District
/a/ Suzi Herbert Representative, 76th District
/s/ Pete Robinson Senator, 16th District
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Mark Taylor Senator, 12th District
/s/ S. DuBose Porter Representative, 119th District
A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a pay-for-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Educa tion; to provide for proposals by local schools; to provide for evaluation of proposals and granting of awards; to provide for budgetary proposals; to provide for a program of payfor-performance awards, subject to certain conditions; to provide for definitions; to provide for exceptions; to provide for notice and a public hearing regarding a reorganization or consolidation plan; to provide a practice and procedure for filing opposition to a plan; to provide for mediation; to provide for reports; to provide a limit for funding; to provide for approval of certain projects; to provide that certain funds shall not be denied; to provide for procedures in cases of defeated bond referenda; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding immediately after Code Section 20-2-213, a new Code Section 20-2-213.1 to read as follows:
"20-2-213.1. (a) The State Board of Education is authorized and directed to devise and implement a pay-for-performance program for rewarding group productivity. By
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December 31, 1992, and each December 31 thereafter, the State Board of Education shall develop performance criteria which shall be used to evaluate proposals submitted by local schools or systems for the determination of exemplary performance at the school site. Such criteria will relate to the overall educational performance of the school in areas related to student outcomes and achievement. Such criteria shall also reflect the six national goals for education which have been adopted under Georgia 2000 and, to the extent feasible, socioeconomic or other demographic factors that may affect student achievement or other outcomes of education. Such criteria shall also reflect school level improvement on identified performance criteria, such as the numbers of remedial, SIA, and Chapter I students that achieved grade level performance.
(b) The state board shall create guidelines for the approval of local school proposals under this program and a system for weighing the various criteria in each school pro posal according to school performance. The performance evaluation system shall be designed to determine the level of improvement achieved by the school based upon those criteria adopted and approved for the school proposal. Local schools which choose to apply for pay-for-performance awards for group productivity shall submit proposals through the local board of education, which must approve the proposals, to the State Board of Education. Such proposals shall be submitted annually and shall identify which of the state-wide performance criteria will be emphasized by the local school for the determination of award eligibility.
(c) The state board shall advise each local board of education as to whether the pro posal submitted by each school applicant meets the guidelines for approval and, conse quently, whether the proposal as submitted is eligible for award consideration. Local schools shall be allowed to modify their initial proposals in order to meet guidelines.
(d) Local school boards shall be informed by the state board of whether or not each school proposal has been approved no later than May 1 of the school year preceding the one for which the proposal was created.
(e) The State Board of Education shall evaluate the performance of all schools sub mitting proposals for a given school year during the summer following that school year, according to the terms of the local school proposal as approved by the state board. The state board shall uniformly apply the criteria for weighing the proposals to the local school proposals, and those schools which are deemed eligible for an award shall be noti fied no later than September 1 of the school year after the one for which the perform ance judged exemplary occurred. The state board may appoint an advisory evaluation team from outside the Department of Education to assist in the development and appli cation of the criteria by which the proposals will be evaluated. Awards shall be made by the State Board of Education to each school through the local board for successful school projects no later than December 1 of the school year after the one for which the
performance judged exemplary occurred. The amount of the awards shall be distributed through local systems to schools judged exemplary by the State Board of Education
according to the number of successful school projects, the size of each school, and the level of funding provided by the General Assembly. The decision of the local school's
certificated personnel, in accordance with a process for decision making specified by the State Board of Education, will determine how the awards are spent or distributed at the
school site. (f) The state board shall specify guidelines to ensure the representation of all
affected school level constituencies in the award distribution process. These guidelines will ensure that the proceeds in whole or in part may be given to faculty members in
the form of bonuses or may be spent for the purpose of providing faculty sabbaticals, for instructional or other equipment, for staff development, for distribution to other
school staff in the form of bonuses, or for any other expenditure deemed appropriate
by the local school's certificated personnel. (g) The State Board of Education shall submit a proposal for funding this pay-for-
performance program for rewarding group productivity each year with its budget request. Awards made under this program are subject to appropriation by the General
Assembly."
MONDAY, MARCH 30, 1992
4119
Section 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 20-2-260, relating to capital outlay funds, and inserting in lieu thereof the following:
"(b) As used in this Code section, the following words or terms shall have the follow ing meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, con struction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnish ings for educational facilities.
(4) 'Construction project' refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and
processes connected thereto, related to educational facilities. (5) 'Educational facilities' shall include buildings, fixtures, and equipment neces
sary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall
include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equip ment, building fixtures, furnishings, related exterior facilities, landscaping and paving,
and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the
central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' is defined as a systematic study of present educa tional facilities and a five-year forecast of future needs which shall include, but shall
not be limited to, the needs set forth in subsection (j) of this Code section based on the instructional program and service requirements of this article.
(7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.
(8) 'Full-time equivalent student count' is defined as the average of the three two full-time equivalent counts pursuant to Code Section 20-2-160 for a school year; pro
vided, however, that the average daily membership shall be used in lieu of such full-
time equivalent student counts for school years for which such counts are not available.
(9) 'Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues.
(10) 'Net equalized adjusted school property tax digest' is defined as the equalized adjusted school property tax digest furnished pursuant to Code Section 48-5-274,
reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164.
(11) 'Physical education facility' is defined as any facility which is designed for an
instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate.
(12) 'Renovation' or 'modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring
systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations.
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JOURNAL OF THE HOUSE,
(13) 'Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project.
(14) 'Unhoused students' is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board.
(15) 'Weighted full-time equivalent student count' is defined as the average ef- the uircG wcijritGci lull~timc cQUivflicnt counts pursufl.ni TO psrft^jrcipri \A i/ ot suoscction {a} ef Code Section 20-2-166 weighted full-time equivalent count as defined in para graph (3) of subsection (a) of Code Section 20-2-165."
Section 3. Said title is further amended in subsection (d) of said Code Section 20-2-260 by striking the word "and" after paragraph (7); by striking the period after para graph (8) and inserting in lieu thereof "; and"; and by adding a new paragraph (9) to read as follows:
"(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section."
Section 4. Said title is further amended by adding immediately following subsection (k) of said Code Section 20-2-260 a new subsection (k.l) to read as follows:
"(k.l) Prior to a local board of education's submitting an advanced incentive funding request to the State Department of Education for State Board of Education approval under subsections (i) and (j) of this Code section, the local board of education shall con duct the following:
(1) The board of education must schedule and hold at least two public hearings and provide an opportunity for full discussion of the local board of education's consol idation or reorganization plan;
(2) The public hearings shall be advertised in the official newspaper and shall include, but shall not be limited to:
(A) Identification of each school to be closed and location of each new school; (B) Proposed size of each new school in terms of number of students and grade configuration; (C) Proposed renovations, modernization, retrofitting, or expansion of existing schools designed to accommodate consolidation; (D) Total cost, including breakdown for state and local shares, and for school construction projects resulting from consolidation. Local costs shall include identify ing proposed sources of funds, whether from bond referendum proceeds or other sources; (E) Plans for use or disposal of closed school property; (F) The impact alternative options would have on the system's planned curricu lum and programs; (G) The options in the school size and organization study; and (H) The financial impact of the options on all schools; (3) The board of education shall request formal, written comments or suggestions regarding the system's organizational pattern or school sizes and shall allow appropri ate discussion during the public hearings; (4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within that sys tem. A petition with the signature of at least 25 percent of the qualified, registered voters within other systems' jurisdictions must be filed with the board of education within 60 days after the notice of intent to file a petition has been received by the board. The signatures on the petition must be validated against the official list of reg istered voters;
MONDAY, MARCH 30, 1992
4121
(5) The local board of education and the petitioners shall meet to resolve differ ences. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in the affected schools. The chairman of the local board of education shall notify the petitioners of the date, time, and place for meeting to address their differences. The local board of education shall render a final decision on the petition within 60 days from the initial meeting to discuss differences; and
(6) An opposition report shall be filed by the board of education to report resolu tion of opposition before advanced incentive funds shall be awarded to that system."
Section 5. Said title is further amended by adding to said Code Section 20-2-260 new subsections (p), (q), and (r) to read as follows:
"(p) Any system which has not submitted a plan for consolidation or reorganization of schools to the State Board of Education by July 1, 1992, shall not be allowed to request state funds under subsections (i) and (j) of this Code section.
(q) Any construction project on an existing school facility which is less than base size as defined in subsections (b) and (c) of Code Section 20-2-291 and identified by the local board of education in the educational facility survey pursuant to subsections (c) and (d) of this Code section shall be approved by the State Board of Education. Construction projects identified by the local board which contain a projected FTE of more than 200 students in an elementary school, 400 students in a middle school, and 500 students in a high school, regardless of grade configuration, shall be eligible to receive full capital outlay funding pursuant to subsections (g), (h), and (i) of this Code section. Provided, however, that nothing contained in this subsection shall be construed so as to change or increase the amount of entitlement for which a system is eligible.
(r) Notwithstanding any other provisions of this Code section, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consolida tion within the school system and a majority of the voters voting in said bond election voted against incurring such debt or a local board is under litigation to prevent a consol idation project under subsection (h) or (i) and (j) of this Code section, whether funds have been allocated or not, the procedures established in paragraph (5) of subsection (k.l) of this Code section shall be followed."
Section 6. Nothing contained in this Act shall affect any payment or allocation to any board of education of a local system as a result of bond proceeds authorized and sold under the provisions of House Bill 1262, Supplemental Appropriations Bill, passed on Feb ruary 10, 1992, and payment shall be made to said boards of education as provided for in said House Bill 1262.
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Representative Porter of the 119th moved that the House adopt the report of the Committee of Conference on SB 488.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe
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 N Brown Y Brush
Buck Y Buckner
Y Byrd Y Campbell Y Canty Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Clark,L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton
Fennel
Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene
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JOURNAL OF THE HOUSE,
Y Griffin Y Groover E Hamilton Y Hammond
Manner
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert 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 Mann Y Martin Y McBee 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 Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston
Powell.A Y Powell.C Y Presley Y Purcell
Y Randall Y Ray Y Reaves
Redding Y Ricketson
Y Royal Selman
Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith,P
Smith.T Y Smith,W
Smyre Snow Y Stancil.F Y Stancil.S Y Stanley 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 WalkerJ Y Walker.L Y Wall Y Watson Y Watts
White Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr
On the motion, the ayes were 153, nays 1. The motion prevailed.
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.
The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:
HB 1979.
By Representatives Connell of the 87th, Padgett of the 86th, Williams of the 90th, Cheeks of the 89th, Brown of the 88th and others:
A bill to amend Code Section 45-7-9 of the Official Code of Georgia Anno tated, relating to compensation for line-of-duty injuries of full-time state employees, so as to authorize a state agency to grant additional benefits to certain state employees injured in the line of duty by the willful act of vio lence of a client receiving outpatient mental health treatment.
The following Senate amendment was read:
HB 1979 is hereby amended by:
(1) Striking Section 2 in its entirety beginning on page 2, line 13, and inserting in lieu thereof new Section 2 to read as follows:
Section 2. Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Anno tated, relating to insuring and indemnification of state officers and employees, is amended by adding after subparagraph (d) of Code Section 45-9-4 a new subparagraph (e) to said Code section, to read as follows:
"(e) If requested by the Georgia State Finance and Investment Commission, the commissioner of the Department of Administrative Services is authorized, at the com missioner's discretion, to establish a consolidated insurance program to furnish general liability insurance, workers' compensation insurance, builders' risk insurance, or gen eral liability and workers' compensation and builders' risk insurance for all contractors on a construction project (wrap up). The premium for such insurance shall be paid from funds appropriated by the General Assembly to construct the project, and, at the
MONDAY, MARCH 30, 1992
4123
completion of a project, any savings attributable to the consolidated insurance pro gram less administrative costs shall be returned by the Department of Administrative Services to the Georgia State Finance and Investment Commission."
(2) Striking Section 3 in its entirety beginning on page 2, line 16, and inserting in lieu thereof 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.
(3) Adding a new Section 4 to read as follows:
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Connell of the 87th moves to amend the Senate amendment to HB 1979 by striking paragraph (3) and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Adding a new Section 4 to read as follows:
'Section 4. Section 1 of this Act shall be repealed in its entirety 30 days after it becomes effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that any benefit granted prior to the repeal of this Act shall continue to exist beyond the date of such repeal.'"
By adding a new paragraph (4) to read as follows:
"(4) Adding a new Section 5 to read as follows:
'Section 5. All laws and parts of laws in conflict with this Act are repealed.'"
Representative Connell of the 87th moved that the House agree to the Senate amend ment, as amended by the House, to HB 1979
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Ashe
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 Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D 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
Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert 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 Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock Padgett
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 Presley Y Purcell
Y Randall Ray
Y Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
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JOURNAL OF THE HOUSE,
Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Snow
. Y Stancil.F
Y Stancil.S Y Stanley
Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M
Y Thomas,N Y Thurmond
Titus Y Tolbert
Townsend Y Turnquest Y Twiggs
On the motion, the ayes were 157, nays 0. The motion prevailed.
Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson
Watts
Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
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.
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 751. By Senators Henson of the 55th and Walker of the 43rd:
A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Anno tated, relating to victim compensation, so as to revise various provisions so as the State of Georgia may continue to be eligible for federal funds.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to abolish the existing five-member board and to provide that the Criminal Justice Coordinating Council shall serve as the Georgia Crime Victims Compensation Board; to provide that the Governor shall appoint the director of the Geor gia Crime Victims Emergency Fund; to revise various provisions so that the State of Geor gia may continue to be eligible for federal funds; to require an applicant for victim's compensation to pursue restitution rights unless the board determines that such action is not feasible; 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. Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, is amended by striking in its entirety Code Section 17-15-3, relat ing to the creation of the Georgia Crime Victims Compensation Board, and inserting in lieu thereof a new Code Section 17-15-3 to read as follows:
"17-15-3. (a) The five-member Georgia Crime Victims Compensation Board in exis tence on June 30, 1992, is abolished.
{a} (b) There is created the Georgia Crime Victims Compensation Boardj consisting ef five members. The Criminal Justice Coordinating Council created under Chapter 6A of Title 35 shall serve as the Georgia Crime Victims Compensation Board. T-he members of t.ne Doflpfl sriflll i&e flppointed by tiie \rrovernor, subject- to coniirinfttion by trie oenftte.
find ftt Icftst on6 member snflli DC ft member of trie otstc DQP of oeopgiftT \&)--i ri6 tcpwi of oilice OT efteft member simi! i&e live yeflrs except ttiB.t witn respect
te the f9t members appointed, e*e member shall be appointed for a term ef- si* years, ofte member shall be appointed for a term ef f-ive years, one member shall be appointed IOF ft term ot lour ye&rs; one member sriEtn "be ftppoiBted IOP ft term or wirce yctirSj Q.nu
remflinciep of trie uncxpired term.
MONDAY, MARCH 30, 1992
4125
\G)--i lift \j ovcrnoF sftflll desi^iiEtte one HiemDcr Of wie DO&PQ ds crmirmflft^ -to serve ftt
{d} (c) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in attendance at a meeting of the board, plus reimbursement for actual transportation costs incurred while traveling by public carrier or the mileage allowance authorized for certain state officials and employees for the use of a personal automobile in connection with such attendance. The above shall be paid in lieu of any other per diem, allowance, or remuneration.
(d) The Governor shall appoint the director of the Georgia Crime Victims Emer gency Fund to carry out the provisions of this chapter.
administrative purposes only."
Section 2. Said chapter is further amended by striking in its entirety Code Section 17-15-4, relating to the powers of the Georgia Crime Victims Compensation Board, and inserting in lieu thereof a new Code Section 17-15-4 to read as follows:
"17-15-4. (a) The board shall have the following powers and duties: (1) To appoint a director ef the Georgia Crime Victims Emergency Fund and such
other employees necessary to assist the director in carrying e&rry out the provisions of this chapter. Such director and employees shall be subject to Chapter 20 of Title 45, relating to the state merit system;
(2) To contract for services from attorneys, actuaries, investigators, and other spe cialized personnel as shall be necessary to enable the board to carry out its functions;
(3) To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter;
(4) To request from the Attorney General, the Department of Public Safety, dis trict attorneys, solicitors, judges, county and municipal law enforcement agencies, and any other agency or department such assistance and data as will enable the board to determine the needs state wide for victim assistance and whether, and the extent to which, a claimant qualifies for an award. Any person, agency, or department listed above is authorized to provide the board with the information requested upon receipt of a request from the board. Any provision of law providing for confidentiality of records does not apply to a request of the board pursuant to this Code section; pro vided, however, that the board shall preserve the confidentiality of any such records received;
(5) To hear and determine all claims for awards filed with the board pursuant to this chapter and to reinvestigate or reopen cases as the board deems necessary;
(6) To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime and to receive and administer federal funds for the purposes of this chapter;
(7) To render awards to victims of crimes or to those other persons entitled to receive awards in the manner authorized by this chapter;
(8) To carry out programs designed to inform the public of the purposes of this chapter; and
(9) To render each year to the Governor and to the General Assembly a written report of its activities pursuant to this chapter. (b) The board shall assist applicants with their claims for restitution through educa tional programs and administrative assistance."
Section 3. Said chapter is further amended by striking subsections (a), (b), and (f) of Code Section 17-15-7, relating to persons eligible for awards, and inserting in lieu thereof the following:
"(a) Except as otherwise provided in this Code section, the following persons are eli gible for awards pursuant to this chapter:
(1) A victim; (2) A dependent spouse or child of a victim;
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JOURNAL OF THE HOUSE,
(3) Any person who goes to the aid of another and suffers physical injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to lawfully apprehend lawfully a person reasonably suspected of having committed a crime, or to aid the victim of a crime or any person who is injured or killed while aid ing or attempting to aid a law enforcement officer in the prevention of crime or appre hension of a criminal at the officer's request; or
(4) Any person who is a member ef the family ef- a person committing a crime when it is in the interest ef justice te award emergency funds victim of family violence as defined by Code Section 19-13-1 and anyone who is a victim as a result of a viola tion of Code Section 40-6-391. (b) (1) Victims may be legal residents or nonresidents of this state. However, the
this chapter. No victim, whether a legal resident of this state or another state, is enti tled to receive compensation pursuant to this chapter if such person has received crime victims compensation pursuant to a similar law of another state or was the vic tim of a crime committed in another state where an eligible crime victims compensa tion statute exists. A victim of a crime committed in another state, which victim is a legal resident of this state, may receive compensation pursuant to this chapter if that other state does not have an eligible crime victims compensation program. A sur viving spouse, parent, or child who is legally dependent for his principal support upon a deceased victim is entitled to file a claim under this chapter if the deceased victim would have been so entitled, regardless of the residence or nationality of the surviving spouse, parent, or child.
(2) Victims of crimes occurring within this state who are subject to federal juris diction shall be compensated on the same basis as resident victims of crime." "$)--Unless the beard shall determine in a particular ease that the interests ef- justice require otherwise, a member ef the family ef- a person wne is- criminally responsible fer-
net be eligible te receive an award with respect te such claim. Per the purposes ef this subsection, the term 'family,' when ased with reference te a person, shall mean:
\i) /\.ny person PCIQICQ TO sticft person witnin trie tiiirci decree of conssn^juiHity OP oiiiriityj
(2) Any person maintaining a sexual relationship with such person; er iff)--Any person residing in the same household with such person. (f) There shall be no denial of compensation to a victim based on that victim's familial relationship with the person who is criminally responsible for the crime."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 17-15-8, relating to required findings, amount of awards, and rejection of claims, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No award may be made unless the board or director finds that: (1) A crime was committed; (2) The crime directly resulted in physical injury, financial hardship, or death of
the victim; and (3) Police records show that the crime was promptly reported to the proper
authorities. In no case may an award be made where the police records show that such report was made more than 72 hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified; and -
(4) The applicant has pursued restitution rights against any person who committed the crime unless the board or director determines that such action would not be feasible. The board, upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award."
Section 5. Said chapter is further amended by striking subsection (b) of Code Sec tion 17-15-8, relating to required findings, amount of awards, and rejection of claims, and inserting the following:
MONDAY, MARCH 30, 1992
4127
"(b) Any award made pursuant to this chapter may be in an amount not exceeding actual expenses, including indebtedness reasonably incurred for medical ocrvicca, test wages expenses, loss of wages, funeral expenses, mental health counseling, or support for dependents of a deceased victim necessary as a direct result of the injury or hardship upon which the claim is based."
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 Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis,D 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
Godbee Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
E Hamilton Y Hammond
Manner Y Harris.B Y Harris,J
Heard Y Henson Y Herbert
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 YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W
Smyre Snow Y Stancil.F Y Stancil.S Y Stanley 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 Y Watson
Watts Y White Y Wilder Y Williams,B
Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
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 2069. By Representatives Padgett of the 86th, Williams of the 90th and others:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.
Representative Padgett of the 86th moved that the House insist on its position in amending the Senate substitute to HB 2069 and that a Committee of Conference be
4128
JOURNAL OF THE HOUSE,
appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Padgett of the 86th, Howard of the 85th and Cheeks of the 89th.
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 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and finan cial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
The following Committee substitute was read:
A BILL
To amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions regarding financial affairs, so as to create the legisla tive fiscal oversight committee; to provide for selection of members; to provide for powers, duties, and authority of the committee; to provide for subpoena powers and meetings; to provide for allowances for the members; to require the submission of five-year strategic plans by budget units; to provide for the contents of such plans; to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for program reviews and evaluations; to provide for powers, duties, and authority of the state auditor; to provide for such reviews and evaluations by private firms; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions regarding financial affairs, is amended by adding a new Code section at the end thereof, to be designated Code Section 28-5-5, to read as fol lows:
"28-5-5. (a) There is created the legislative fiscal oversight committee which shall be composed of five members of the House of Representatives appointed by the Speaker of the House of Representatives and five members of the Senate appointed by the Presi dent of the Senate. The members of such committee shall be selected within 30 days after each general election for members of the General Assembly and shall serve until their successors are appointed after each general election for members of the General Assembly.
(b) The members of such committee shall select by majority vote a chairperson and vice chairperson and such other officers as deemed necessary by such committee. Such committee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson.
(c) It shall be the duty of such committee to review and evaluate the strategic plans, accomplishments, and expenditures as enumerated in subsection (f) of this Code section and review and evaluate such other information or reports as deemed necessary by such
MONDAY, MARCH 30, 1992
4129
committee. The head of each budget unit shall cooperate with such committee and pro vide such information or reports as requested by the committee for the performance of its functions.
(d) Upon authorization by joint resolution of the General Assembly, the committee shall have the power while the General Assembly is in session or during the interim between sessions to compel the attendance of witnesses and the production of docu ments in aid of its duties. In addition, when the General Assembly is not in session, the committee shall have the power to compel the attendance of witnesses and the produc tion of documents in aid of its duties, upon application of the chairperson of the com mittee, with the concurrence of the Speaker of the House of Representatives and the President of the Senate.
(e) Such committee shall make an annual report of its findings to the Appropriations Committees of the House of Representatives and the Senate and the applicable standing committees relative to the programs which are reviewed.
(f) (1) Each budget unit of state government shall submit a five-year strategic plan to the legislative fiscal oversight committee by May 1 of each year for new programs to be implemented in the following fiscal year and for existing programs at such times as requested by the committee.
(2) Each plan shall contain a description of assessed needs, a list of planned improvements of programs or services designed to address the assessed needs, a fore cast of the costs of providing such services, a list of the goals for the programs or ser vices to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the committee may deem necessary. Each plan must include performance measures that provide methods and criteria to measure the per formance of each agency in conducting its activities and in achieving its goals.
(3) By September 1 of each year each state agency shall report, for all programs for which five-year strategic plans have been prepared and furnished to the commit tee, its progress toward meeting its established goals as measured by the performance measures included in the strategic plan. (g) The members of the committee shall receive the allowances authorized for legisla tive members of legislative committees. The funds necessary to pay such allowances for a committee member shall come from the funds appropriated either to the House of Representatives or Senate of which chamber that committee member is a member."
Section 2. Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, is amended by adding a new Code section immediately following Code Section 50-6-24, to be designated Code Section 50-6-24.1, to read as follows:
"50-6-24.1. It shall be the duty of the state auditor to perform program reviews and evaluations as requested by a majority vote of the legislative fiscal oversight committee. Such reviews and evaluations shall include any specific analysis requested by the legisla tive fiscal oversight committee and shall evaluate the performance of the agency against the performance measures established by the agency in its strategic plan and whether those performance measures provide effective criteria by which to measure the perform ance of the agency. Program reviews may be conducted by a private firm when it has been determined by the legislative fiscal oversight committee, in consultation with the state auditor, that the review requires specialized external expertise. The private firm shall have access to the information necessary to conduct the program reviews described in this Code section. The cost of any such private firm review shall be paid for with funds specifically appropriated for such purpose or with funds otherwise available to the legislative branch of government."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
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JOURNAL OF THE HOUSE,
Representative Stancil of the 8th moves to amend the Committee on Appropriations substitute to SB 410 by striking lines 14 through 16 on page 4 and inserting in lieu thereof the following:
"auditor to perform program reviews and evaluations so that each department and agency shall be audited at least once every five years. Such reviews and evaluations shall".
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 Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux
Bostick
N Branch Y Breedlove N Brooks N Brown
Brush NBuck N Buckner
NByrd Y Campbell
Y Canty N Carrell Y Carter N Cauthorn N Chafin
N Chambless N Cheeks N Childers
Y Clark.E Clark.L
Y Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B N Cumminga.M
Davis.D Davis.G Y Davis.M N Dixon.H Y Dixon.S N Dobbs N Dover Dunn Y Edwards Y Elliott Y Felton N Fennel N Floyd,J.M N Floyd,J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene Y Griffin
N Groover E Hamilton N Hammond
Hanner N Harris,B N Harris,J
Y Heard N Henson
Herbert
N Holland N Holmes
Howard N Hudson N Irwin N Jackson N Jamieson
Jenkins Y Jones N Kilgore
NKing Y Kingston Y Klein YLadd N Lane.D N Lane.R
Y Langford Y Lawrence N Lawson NLee NLong NLord
N Lucas YMann N Martin N McBee N McCoy N McKelvey
McKinney,B McKinney,C Y Meadows
Y Merritt Y Milam
N Mills
N Mobley Moody
Y Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M YOrr N Orrock N Padgett N Parham N Parrish N Patten N Pelote Y Perry N Pettit Y Pinholster N Pinkston
NPoag N Porter
Poston N Powell,A Y Powell.C Y Presley N Purcell
Randall
NRay N Reaves
Redding N Ricketson N Royal
N Selman N Sherrill N Simpson N Sinkfield
On the adoption of the amendment, the ayes were 51, nays 104. The amendment was lost.
N Skipper Y Smith.L Y Smith,? N Smith.T Y Smith, W
Smyre N Snow N Stancil.F Y Stancil,S Y Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N Y Thurmond
Titus Y Tolbert
Townsend N Turnquest N Twiggs Y Valenti Y Vaughan N Walker,J N Walker.L Y Wall N Watson N Watts
White Y Wilder Y Williams,B
Williams.J Y Williams.R
N Yeargin Murphy.Spkr
The following amendment was read:
Representative Pinholster of the 8th moves to amend the Committee on Appropria tions substitute to SB 410 by striking the quotation marks at the end of line 7 on page 4.
By adding between lines 7 and 8 on page 4 the following:
"(h) The legislative fiscal oversight committee shall prepare annually an oral and written executive summary of each program review of each state agency which shall be submitted to the members of the House of Representatives and the Senate by the chair man of their respective Committee on Appropriations prior to the presentation of the budget during the regular session of the General Assembly. Such summary shall report on the current and immediately preceding fiscal year and shall include but not be lim ited to the following:
MONDAY, MARCH 30, 1992
4131
(1) Specific enumeration of all transfers of funds which were not specified in the appropriations Act for the current fiscal year;
(2) Specific enumeration of all discontinued programs and recommendations for further programs to be discontinued;
(3) Summaries for the current and immediately preceding fiscal years of all com pleted audits;
(4) Specific enumeration of all sales of state owned hotels or business ventures to private enterprise and recommendation for further such sales; and
(5) Comparative totals of the number of employees of the state agency according to department or division for the current and immediately preceding fiscal years.'"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Abernathy N Adams Y Aiken N Alford Y Ashe Y Atkins N Baker N Balkcom
N Barfoot N Bargeron
Y Barnett.B Y 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
Byrd Y Campbell Y Canty N Carrell Y Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers
Y Clark.E Clark.L
Y Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B N Cummings,M Y Davis.D
Davis.G Y Davis.M N Dixon.H
Dixon.S Y Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton Y Fennel
N Floyd.J.M N Floyd.J.W N Flynt Y Godbee N Golden Y Goodwin E Green N Greene Y Griffin N Groover E Hamilton Y Hammond
Hanner N Harris.B N Harris,J
Y Heard N Henson N Herbert N Holland N Holmes
N Howard N Hudson Y Irwin N Jackson
Y Jamieson Jenkins
Y Jones N Kilgore NKing Y Kingston Y Klein YLadd N Lane.D N Lane.R Y Langford Y Lawrence Y Lawgon NLee N Long
Lord N Lucas YMann
N Martin N McBee N McCoy
N McKelvey McKinney.B
Y McKinney.C Y Meadows N Merritt Y Milam
N Mills N Mobley
Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M YOrr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote Y Perry N Pettit Y Pinholster N Pinkston
YPoag Y Porter
N Poston N Powell.A Y Powell.C Y Presley N Purcell N Randall
Ray N Reaves
Redding Y Ricketson N Royal N Selman Y Sherrill N Simpson N Sinkfield
N Skipper Smith.L
Y Smith,? N Smith.T Y Smith.W
Smyre NSnow N Stancil.F Y Stancil,S Y Stanley N Streat N Taylor N Teper N Thomas.C N Thomas,M N Thomas.N
Y Thurmond Titus
Y Tolbert Townsend
N Turnquest N Twiggs N Valenti Y Vaughan N Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
WilIiams,J Y Williams.R N Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 60, nays 100. The amendment was lost.
The following amendment was read:
Representative Breedlove of the 60th moves to amend the Committee substitute to SB 410 as follows:
Page 2, line 2 after the word Senate to say; each house shall appoint at least 1 mem ber from the minority party.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
4132
JOURNAL OF THE HOUSE,
Abernathy N Adams Y Aiken N Alford
Y Ashe Y Atkins N Baker N Balkcom
N Barfoot N Bargeron N Barnett.B
Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick N Branch Y Breedlove
N Brooks Brown
Y Brush NBuck N Buckner N Byrd Y Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin
N Chambless N Cheeks N Childers
Y Clark.E Clark.L
Y Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B N Cummings,M
N Davis.D Davis.G
Y Davis.M
N Dixon.H N Dixon.S N Dobbs N Dover N Dunn
Edwards
Y Elliott Y Felton N Fennel N Floyd.J.M N Floyd.J.W
N Flynt N Godbee N Golden Y Goodwin
E Green N Greene N Griffin N Groover E Hamilton N Hammond
Manner
N Harris.B N Harris.J
Y Heard N Henson N Herbert N Holland N Holmes
Howard N Hudson N Irwin N Jackson
Jamieson Jenkins Y Jones N Kilgore
NKing Y Kingston Y Klein YLadd N Lane.D
N Lane.R N Langford Y Lawrence N Lawson NLee NLong
Lord N Lucas Y Mann N Martin N McBee N McCoy N McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt N Milam
N Mills N Mobley N Moody Y Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M Y Orr N Orrock
N Padgett N Parham N Parrish
N Patten Y Pelote Y Perry N Pettit
Y Pinholster N Pinkston YPoag
Porter N Poston N Powell.A Y Powell.C Y Presley N Purcell N Randall
Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson
N Sinkfield
On the adoption of the amendment, the ayes were 46, nays 113. The amendment was lost.
N Skipper N Smith,L N Smith.P N Smith.T Y Smith.W
Smyre N Snow N Stancil.F Y Stancil.S Y Stanley N Streat N Taylor N Teper N Thomas.C N Thomas,M N Thomas.N
Y Thurmond Titus
Y Tolbert Townsend
N Turnquest N Twiggs N Valenti Y Vaughan N Walker.J N Walker.L Y Wall N Watson N Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R N Yeargin
Murphy ,Spkr
Representative Perry of the 5th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.
The following amendment was read and adopted:
Representatives Coleman of the 118th and Walker of the 115th move to amend the Committee substitute to SB 410 as follows:
By adding after the word "committee" on line 31, page 2 the following:
"after a majority vote of the ten members of the committee and" by adding after the word "by" on line 25, page 4, the following:
"a majority vote of the ten members of.
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
Aiken
Y Alford Y Ashe
Y Atkins
N Baker Y Balkcom Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
MONDAY, MARCH 30, 1992
4133
Y Birdsong N 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 Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D 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 E Green
Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y' Hudson Y Irwin
Y Jackson
N Jamieson Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson YLee Y Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Y Parham Y Parrish Y Patten
N Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston NPoag N Porter Y Poston Y Powell.A Y Powell.C Y Presley 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
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L
Y Wall 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, as amended, the ayes were 154, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate insists on its amendment to the following Bill of the House:
HB 1721. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that after a sevenyear holding period, restitution funds may be claimed by the respective county holding such funds.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1347.
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.
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JOURNAL OF THE HOUSE,
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 1721.
By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that after a sevenyear holding period, restitution funds may be claimed by the respective county holding such funds.
Representative McKelvey of the 15th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1721 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 McKelvey of the 15th, Childers of the 15th and Smith of the 16th.
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 1912.
By Representatives Valenti of the 52nd, Oliver of the 53rd, Martin of the 26th, Turnquest of the 56th, Thomas of the 31st 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 the regulation of labor pools.
The Senate insists on its amendment to the following Bill of the House:
HB 1693.
By Representative Buck of the 95th:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:
HB 1532.
By Representatives Brown of the 88th, Abernathy of the 39th, Henson of the 57th and Howard of the 85th:
A bill to amend Code Section 33-11-16 of the Official Code of Georgia Anno tated, relating to authorized investments by insurers, so as to provide that insurers may invest in obligations issued by the International Finance Corpo ration.
MONDAY, MARCH 30, 1992
4135
HB 1277.
By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that certain information filed in conjunction with birth certificates or infor mation recorded in the putative father registry shall be admissible in pro ceedings to determine paternity and shall establish a prima-facie case of establishment of paternity.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 1106.
By Representatives Lane of the 27th, Benefield of the 72nd, Barnett of the 10th, Smith of the 78th and Skipper of the 116th:
A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by political subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision.
The following Senate substitute was read:
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"; to provide for a short title; to provide for legislative purpose; to provide for definitions; to provide for creation of the authority; to provide for appointment and compensation of members and employees of the authority; to provide for a quorum; to provide for filling of vacancies; to provide for legal services; to provide for disclosure of conflicts of interest; to provide books and records; to provide for powers of the authority; to provide for the issuance of revenue bonds; to pro vide for validation of such bonds; to provide for disposition of the proceeds of such bonds; to provide for issuance of bond anticipation notes or other obligations; to provide for the form and signing of such bonds; to provide that the development of certain air transporta tion projects is a public purpose; to provide for construction; to provide that the authority may not obligate the credit of the state or any political subdivision; to provide that cre ation of the authority and performance of its purposes is a governmental function; to pro vide for exemption from state taxes for all property of the authority; to provide for exemption from state taxes for all bondholders; to provide for the police powers of the authority; to provide for effect on other laws; to provide for venue and jurisdiction; to pro vide 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 6 of the Official Code of Georgia Annotated, relating to aviation, is amended by adding a new Chapter 4 to read as follows:
"CHAPTER 4
6-4-1. This chapter shall be known and may be cited as the 'Georgia Airport Devel opment Authority Law.'
6-4-2. There is created the Georgia Airport Development Authority for the purposes of determination of location, construction, financing, acquisition of property, operation, and development of any new airports that are planned to accommodate aircraft operat ing under the provisions of 14 C.F.R. Part 121 within and outside the State of Georgia.
6-4-3. As used in this chapter, the term:
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(1) 'Authority' means the Georgia Airport Development Authority. (2) 'Cost of the project' or 'cost of any project' means and shall include: all costs of acquisition, by purchase or otherwise, construction, assembly, installation, or the subsequent modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; the cost of all lands, properties, rights, easements, fees, franchises, permits, approvals, licenses, and certifications acquired; the cost of all machinery and equipment necessary for the operation of the project; financing charges; interest prior to and during construction and for such period of time after completion of construction as shall be deemed necessary to allow the earnings of the project to become sufficient to meet the requirements of the bond issue; the cost of engineering, legal expenses, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this chapter; the construction of any project, and the placing of same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued for such project under this chap ter. (3) 'Governing body' means the elected or duly appointed officials constituting the governing authority of the State of Georgia. (4) 'Project' means the construction, installation, operation, or lease of any new airports in the state that are planned to be certificated under 14 C.F.R. Part 139 or any appurtenance thereto or the subsequent renovation or rehabilitation of such facil ity. A project may also include any fixtures, machinery, or equipment used on or in connection with any airport facilities. (5) 'Revenue bonds' and 'bonds' means any bonds of the authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds but not including notes or other obligations of an authority. (6) 'Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the author ity from appropriations of the General Assembly, other state agencies or authorities, the United States government, or any county or municipality shall be sufficient to provide for the maintenance, repair, and operation and to pay the principal and inter est of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. (7) 'Service area' means the geographical area of operations of the authority and shall consist of the State of Georgia and, with the consent of the appropriate govern ing authorities thereof, nearby states. 6-4-4. The Georgia Airport Development Authority shall continue to be a body cor porate and politic and an instrumentality and public corporation of the state known as the 'Georgia Airport Development Authority.' It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state, subject to the limitations of Code Section 6-4-15.
6-4-5. (a) The authority shall consist of eight members as follows:
(1) Five members to be appointed by the Governor, at least three of whom shall have expertise in the field of aviation;
(2) One member to be appointed by the Speaker of the House of Representatives, who shall not be a member of the General Assembly;
(3) One member to be appointed by the President of the Senate, who shall not be a member of the General Assembly; and
(4) The commissioner of transportation, who shall serve as chairman.
Two members appointed by the Governor and the members appointed by the Speaker of the House of Representatives and the President of the Senate shall serve for initial terms of two years and until their successors are appointed and qualified. The remaining
MONDAY, MARCH 30, 1992
4137
members appointed by the Governor shall serve for initial terms of four years and until their successors are appointed and qualified. Thereafter, all members shall serve for terms of four years and until their successors are appointed and qualified. Any vacancy among the members so appointed, whether caused by expiration of term, death, resigna tion, or otherwise, shall be filled in the same manner as the membership position so vacated was last regularly filled. When the vacancy occurs other than by expiration of term, it shall be filled for the unexpired term and until a successor is appointed and qualified.
(b) The authority shall elect a secretary and a treasurer, who need not necessarily be members of the authority. A majority of the members of the authority shall consti tute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter. The chairman shall vote only in the event of a tie.
(c) No vacancy on the authority shall impair the right of the quorum to transact any and all business as stated in this Code section. If any member of the authority has any pecuniary interest in a project, the fact of such interest shall be disclosed by such mem ber and recorded in the minutes of the authority. The member shall abstain from urging the approval of or voting on any project in which the member has a pecuniary interest.
(d) The members of the authority shall receive no compensation for their services but all members shall be entitled to the expense allowance and travel cost reimburse ment provided for members of certain boards and commissions pursuant to Code Section 45-7-21 while in the performance of their duties. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority.
(e) The Attorney General shall provide legal services for the authority. In connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
6-4-6. (a) The members of the authority shall be accountable in all respects as trustees.
(b) Every member of the authority and every employee of the authority who know ingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority, shall make full disclosure of such inter est to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disci plined at the discretion of the authority.
(c) Provisions of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21 and 16-10-22, regulating the conduct of officers, employees, and agents of political subdivi sions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
(d) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (b) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21 and 16-10-22, or involving a vio lation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the author ity.
(e) The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of such books, together with a proper statement of the authority's financial position, on or about December 31 of each year, to the state auditor.
6-4-7. The authority shall have all of the powers necessary, proper, or convenient to carry out and effectuate the purposes and provisions of this chapter. The powers enu merated in this Code section are cumulative of and in addition to each other and other powers granted elsewhere in this chapter and no such power limits or restricts any other power of the authority. Without limiting the generality of the foregoing, the powers of the authority shall include the powers:
(1) To bring and defend actions;
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(2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary, proper, or convenient to exercise the powers of the authority and to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, operation of projects, sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects, including negotiated contracts with air carriers for the use of projects;
(4) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in Code Section 6-4-3, to be located on property owned or leased by the authority; the cost of any such project shall be paid from its income, from any grant from the United States government or any agency or instrumentality thereof, or from any grant from this state;
(5) In connection with any project, to acquire by purchase, lease, condemnation, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character or any interest therein in furtherance of its corporate purposes;
(6) In connection with any project, to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condem nation in accordance with any and all existing laws applicable to the condemnation
of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes; and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the
use of or to dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this chapter or under Code Section 6-2-20 except from the funds
provided under the authority of this chapter; and, in any proceedings to condemn, such order may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the property to be condemned;
and no property shall be acquired under this chapter upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum
of money be deposited in trust to pay and redeem such lien or encumbrance in full; (7) To adopt regulations and fix, alter, charge, negotiate, and collect fares, rates,
fees, tolls, and other charges for the use of such projects; fix penalties for the violation of said regulations; and establish liens to enforce payment of said charges, fees, and
tolls, subject to existing contracts; to make such contracts, leases, or conveyances as the legitimate and necessary purposes of this chapter shall require, including, but not
limited to, contracts with private parties for the operation or lease or assignment to private parties for operation, space, area, improvements, and equipment on such
projects, provided in each case that in so doing the public is not deprived of its right ful, equal, and uniform use thereof;
(8) To finance, by loan, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain,
extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other
obligations of the authority or any other funds of the authority or from any contribu tions or loans by persons, corporations, partnerships, limited or general, or other enti
ties, all of which the authority is empowered to receive, accept, and use; (9) To borrow money to further or to carry out its public purpose and to execute
revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agree
ments, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the
judgment of the authority, to evidence and to provide security for such borrowing; (10) To accept loans and grants, either or both, of money, materials, or property of
any kind from the United States government or the State of Georgia or any political subdivision, authority, agency, or instrumentality of either of them, upon such terms
and conditions as the United States government or the State of Georgia or such politi cal subdivision, authority, agency, or instrumentality of either of them shall impose;
MONDAY, MARCH 30, 1992
4139
(11) To hold, use, administer, and expend such sum or sums as may hereafter be received as income or gifts or as may be appropriated by authority of the General Assembly for any of the purposes of the authority;
(12) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying or loaning the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose;
(13) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purposes and to accept and use the same upon such terms and conditions as are pre scribed by such federal, state, county, or municipal government or agency or other source;
(14) To enter into agreements with the federal government or any agency or corpo ration thereof to use the facilities of the federal government or agency or corporation thereof in order to further or carry out the public purposes of the authority;
(15) To extend credit or make loans to any person, corporation, partnership, limited or general, or other entity for the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provi sions or requirements for guarantee of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and condi tions as the authority may deem necessary or desirable;
(16) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, and revenues or other funds; and to execute any lease, trust inden ture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, secu rity agreement, assignment, or other agreement or instrument as may be necessary or desirable in the judgment of the authority to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the per formance of any term or condition contained in any such agreement or instrument. The State of Georgia on behalf of itself and each county, municipal corporation, polit ical subdivision, or taxing district therein waives any right the state or such county, municipal corporation, political subdivision, or taxing jurisdiction may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be fore closed in accordance with law and terms thereof;
(17) To receive and use the proceeds of any tax levied by the State of Georgia or any county or municipality thereof to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter;
(18) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;
(19) To use any real property, personal property, or fixtures or any interest therein; to rent or lease such property to or from others or make contracts with respect to the use thereof; or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the authority and the public purpose thereof;
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(20) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority;
(21) To appoint, select, and employ officers, agents, and employees, including engi neers, surveyors, architects, urban or city planners, construction experts, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;
(22) To make, contract for, or otherwise cause to be made long-range plans or pro posals for projects authorized in Code Section 6-4-2 within the service area, in cooper ation with those political subdivisions within which such projects are located or are proposed to be located;
(23) By or through its authorized agents or employees, to enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings, drillings, and examinations as the authority may deem necessary or convenient for the purposes of this chapter; and such entry shall not be deemed a trespass. The authority shall, however, make reimbursement for any actual damages resulting from such activ ities;
(24) To make reasonable regulations for installation, construction, maintenance, repairs, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility in, on, along, over, or under any project;
(25) To exercise any power granted by laws of the State of Georgia to public or pri vate corporations which is not in conflict with the Constitution and laws of Georgia; and
(26) To do all things necessary, proper, or convenient to carry out the powers con ferred by this chapter, including the adoption of rules and regulations.
6-4-8. Revenue bonds, notes, or other obligations issued by an authority shall be paid solely from the property, including, but not limited to, real property, fixtures, personal property, revenues, or other funds pledged, mortgaged, conveyed, assigned, hypothe cated, or otherwise encumbered to secure or to pay such bonds, notes, or other obliga tions. All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the members of the authority at a regu lar or special meeting. Such revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective 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 condi tions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the members of the authority then in office and their successors. The authority shall have the power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded with such cash adjustments as may be agreed upon or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in the usury laws of the State of Georgia, or any other laws of the State of Georgia, shall not apply to revenue bonds, notes, or other obligations of the authority.
6-4-9. (a) Subject to the limitations and procedures provided by this Code section, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority.
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(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, all or part of the cost of any project or for the purpose of refunding any bonds, notes, or other obligations issued in accord ance with the provisions of this chapter.
(c) Issuance by the authority of one or more series of bonds, notes, or other obliga tions for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds, notes, or other obligations shall be issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
(d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue such bond anticipation notes only to provide funds which otherwise would be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof and which the authority is authorized to include in any bonds. Validations of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
(e) All bonds issued by the authority under this chapter shall be issued and vali dated under and in accordance with Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' as heretofore and hereafter amended, except as provided in this chapter, provided that notes and other obligations of the authority may be, but shall not be required to be, so validated.
(f) The authority shall determine the form of the bonds, including any interest cou pons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or registered form or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
(g) All bonds shall be signed by the chairman of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such person as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office although at the date of such bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall neverthe less be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery.
(h) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the peti tion and complaint for validation may state that the bonds when issued will bear inter est at a rate not exceeding a maximum per annum rate of interest, which may be fixed
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or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or that, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so spec ified; provided, however, that nothing contained in this subsection shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rates specified in such notices and in the petition and complaint.
(i) The authority may also provide for the replacement of any bond which becomes mutilated or which is destroyed or lost.
(j) The issuance of any bond, revenue bond, note, or other obligation or the incurring of any debt by the authority must, prior to such occurrence, be approved by the Georgia State Financing and Investment Commission established by Article VII, Section IV, Par agraph VII of the Constitution of the State of Georgia of 1983 or its successor.
6-4-10. The implementation of new air transportation projects that are planned to accommodate 14 C.F.R. Part 121 aircraft operations within the State of Georgia develops
and promotes for the public good and general welfare, trade, commerce, tourism, indus try, and employment opportunities and promotes the general welfare of the state by cre ating a favorable climate for the location of new industry, trade, and commerce and the development of existing industry, trade, and commerce within the State of Georgia. It is therefore in the public interest and is vital to the public welfare of the people of
Georgia and it is declared to be the public purpose of this chapter to so develop such air transportation projects within this state. No bonds, notes, or other obligations, except
refunding bonds, shall be issued by the authority pursuant to this chapter unless its membership adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives.
6-4-11. The provisions of this chapter shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the author ity shall not be subject to regulation under the laws of the State of Georgia regulating
the sale of securities, as heretofore and hereafter amended. No notice, proceeding, or publication except those required by this chapter shall be necessary to the performance
of any act authorized by this chapter nor shall any such act be subject to referendum. 6-4-12. No bonds, notes, or other obligations of and no indebtedness incurred by the
authority shall constitute an indebtedness or obligation of the State of Georgia or any
county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipal corporation, or political subdivision. No holder or
holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or
political subdivision thereof nor to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code
section. 6-4-13. It is found, determined, and declared that the creation of the Georgia Airport
Development Authority and the carrying out of its corporate purposes are in all respects
for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the
power conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the
facilities erected, maintained, or acquired by it nor upon any fees, rentals, or other charges for the use of such facilities or other income received by the authority. The state
covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political
subdivisions, or taxing districts on any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others or upon its activ
ities in the operation or maintenance of any such property or on any income derived by
MONDAY, MARCH 30, 1992
4143
the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.
6-4-14. The authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all restrictions upon its properties and facilities, to the extent that such is lawful under the laws of the United States and this state; however, the authority may delegate the exercise of this function for a time or permanently to the state or to the county in which its projects are located.
6-4-15. This chapter shall not affect any other authority now or hereafter existing under general or local constitutional amendment or general or local law.
6-4-16. Any action to protect or enforce any rights under this chapter and any action pertaining to validation of any bonds issued under this chapter brought in the courts of this state shall be brought in the Superior Court of Fulton County, which shall have exclusive jurisdiction of such actions."
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 not be effective until such time as the "State Airport Sys tem Plan" has been completed by the Department of Transportation.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Orr of the 9th, et al. move to amend the Senate substitute to HB 1106 as follows:
By adding a sentence on page 4, line 26, immediately following the period as follows:
"The authority shall constitute a political subdivision within the meaning of Code Sec tion 6-3-22 as enacted by the Georgia General Assembly in its 1992 regular session in Senate Bill 173."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Abernathy Y Adams N Aiken N Alford Y Ashe N Atkins
Baker N Balkcom N Barfoot N Bargeron Y Barnett.B
Y Barnett.M Y Bates Y Beatty N Benefield Y Birdsong
Blitch N Bordeaux
Bostick Y Branch N Breedlove Y Brooks N Brown Y Brush NBuck
N Buckner
NByrd N Campbell
Y Canty N Carrell
Y Carter N Cauthorn N Chafin
Chambless N Cheeks Y Childers Y Clark,E
Clark.L N Coker N Coleman
Colwell N Connell N Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M N Dijon.H Y Dixon.S N Dobbs Y Dover
N Dunn
Edwards Y Elliott
Felton N Fennel Y Floyd.J.M
N Floyd,J.W N Flynt N Godbee Y Golden Y Goodwin E Green N Greene N Griffin Y Groover E Hamilton N Hammond
Manner Y Harris,B N Harris.J Y Heard
Y Henson N Herbert N Holland Y Holmes
Howard
N Hudson Y Irwin Y 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 N Long
Lord N Lucas NMann Y Martin Y McBee N McCoy Y McKelvey
McKinney.B
N McKinney.C Y Meadows
Merritt N Milam
Mills
Y Mobley N Moody N Morsberger Y Moultrie N Mueller N Oliver.C
Y Oliver.M Y Orr Y Orrock N Padgett Y Parham N Parrish N Patten N Pelote Y Perry
Pettit Y Pinholster N Pinkston YPoag Y Porter
Poston
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JOURNAL OF THE HOUSE,
N Powell.A N Powell.C
Y Presley
Y Purcell
Randall
YRay N Reaves
Redding Y Ricketson N Royal
N Selman Y Sherrill Y Simpson
Sinkfield N Skipper Y Smith.L N Smith.P N Smith.T N Smith.W N Smyre
N Snow
Y Stancil.F Y Stancil.S Y Stanley N Streat N Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Titus
Y Tolbert Townsend
N Turnquest N Twiggs Y Valenti Y Vaughan Y Walker.J N Walker.L
N Wall N Watson
Watts Y White N Wilder Y Williams.B
Williams.J N Williams.R
N Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 74, nays 78. The amendment was lost.
Representative Poston of the 2nd 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 Jackson of the 9th moved that the House reconsider its action in fail ing to adopt the Orr amendment.
On the motion, the roll call was ordered and the vote was as follows:
N Abernathy
Y Adams N Aiken Y Alford
Y Ashe
N Atkins Y Baker N Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty N Benefield Y Birdsong
Blitch Y Bordeaux
N Bostick
Y Branch Y Breedlove Y Brooks
N Brown
N Brush
N Buck N Buckner N Byrd N Campbell Y Canty N Carrel! Y Carter N Cauthorn N Chafin
Chambless
N Cheeks
Y Childers
Y Clark.E
Clark.L
N Coker
N Coleman
N Colwell
N Connell
N Culbreth
Y Cummings,B
Y Cummings,M
Y Davis.D
Y Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover
N Dunn Edwards
Y Elliott
Felton
N Fennel Y Floyd.J.M N Floyd.J.W N Flynt N Godbee Y Golden Y Goodwin E Green N Greene N Griffin Y Groover E Hamilton N Hamraond
Manner
Y Harris.B
N Harris.J
Y Heard Y Henson N Herbert N Holland Y Holmes N Howard
N Hudson
Y Irwin Y 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 N Long
Lord N Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B N McKinney.C
Y Meadows Merritt
N Milam
On the motion, the ayes were 81, nays 76. The motion prevailed.
Mills N Mobley
N Moody
N Morsberger
Y Moultrie Y Mueller
N Oliver.C Y Oliver.M Y Orr Y Orrock N Padgett Y Parham N Parrish N Patten
N Pelote Y Perry
Pettit Y Pinholster N Pinkston Y Poag
Y Porter
Poston N Powell.A N Powell.C Y Presley Y Purcell
Randall
YRay N Reaves
Redding Y Ricketson N Royal N Selman Y Sherrill N Simpson
Sinkfield
N Skipper Y Smith.L N Smith.P
Smith.T
Y Smith.W
N Smyre NSnow Y Stancil.F Y Stancil.S Y Stanley N Streat Y Taylor Y Teper
Thomas.C Y Thomas, M N Thomas.N
Y Thurmond
Titus Y Tolbert N Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L N Wall N Watson
Watts Y White N Wilder Y Williams.B
Williams,J N Williams.R N Yeargin
Murphy ,Spkr
Representative Poston of the 2nd 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.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
MONDAY, MARCH 30, 1992
4145
Abernathy
Y Adams N Aiken Y Alford Y Ashe N Atkins N Baker N Balkcom N Barfoot N Bargeron
Y Barnett.B
Y Barnett.M Y Bates Y Beatty
N Benefield
Y Birdsong
Blitch
N Bordeaux N Bostick Y Branch
Y Breedlove
Y Brooks
N Brown
Y Brush
NBuck N Buckner N Byrd N Campbell Y Canty N Carrell
Y Carter
N Cauthorn
N Chafin
Chambless N Cheeks Y Childers
Y Clark.E Clark.L
N Coker N Coleman N Colwell N Connell N Culbreth
Y Cummings.B
Y Cummings,M
Y Davis.D Y Davis.G Y Davis.M N Dixon.H Y Dixon.S N Dobbs Y Dover N Dunn
Edwards Y Elliott
Felton N Fennel
Y Floyd,J.M
N Floyd,J.W N Flynt N Godbee Y Golden Y Goodwin E Green N Greene
N Griffin Y Groover E Hamilton N Hammond
Manner
Y Harris.B
N Harris,J
Y Heard Y Henson N Herbert N Holland Y Holmes N Howard Y Hudson
Y Irwin
Y 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 N Long
Lord N Lucas
YMann
Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows
Merritt N Milam
Mills Y Mobley N Moody Y Morsberger
Y Moultrie
N Mueller N Oliver.C Y Oliver.M
YOrr Y Orrock N Padgett Y Parham N Parrish N Patten N Pelote
N Perry Pettit
Y Pinholster N Pinkston
YPoag Y Porter
Poston N Powell,A N Powell.C
Y Presley Y Purcell
Randall
YRay N Reaves
Redding Y Ricketson N Royal N Selman Y Sherrill
N Simpson
N Sinkfield
N Skipper Y Smith.L
N Smith.P
Smith,T Y Smith.W
N Smyre N Snow Y Stancil.F Y Stancil.S Y Stanley N Streat Y Taylor Y Teper N Thomas.C Y Thomas.M N Thomas.N
Y Thurmond Titus
Y Tolbert Y Townsend
Y Turnquest N Twiggs Y Valenti Y Vaughan Y Walker.J N Walker.L N Wall N Watson
Watts Y White N Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 82, nays 76. The amendment was adopted.
Representative Poston of the 2nd 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 Lane of the 27th moved that the House agree to the Senate substitute, as amended by the House, to HB 1106.
On the motion, the roll call was ordered and the vote was as follows:
N Abernathy
Y Adams Y Aiken
N Alford
N Ashe Y Atkins N Baker N Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty N Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick
Y Branch
Y Breedlove Brooks
N Brown
Y Brush
Y Buck N Buckner
YByrd Y Campbell N Canty N Carrell Y Carter
Y Cauthorn N Chafin
Chambless Y Cheeks Y Childers Y Clark.E
Clark.L Y Coker N Coleman N Colwell
Y Connell
Y Culbreth
Y Cummings.B
Y Cummings.M N Davis.D N Davis.G
Y Davis.M
N Dixon.H
Y Dixon.S N Dobbs N Dover N Dunn
Edwards Y Elliott
Felton
N Fennel Y Floyd,J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover E Hamilton
Y Hammond Hanner
Y Harris.B Y Harris,J
N Heard N Henson Y Herbert Y Holland N Holmes Y Howard Y Hudson
N Irwin Y Jackson Y Jamieson
Y Jenkins
Y Jones Y Kilgore NKing Y Kingston Y Klein NLadd Y Lane.D Y Lane.R
N Langford
Y Lawrence
Y Lawson
NLee
YLong
Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B N McKinney.C N Meadows N Merritt Y Milam
Mills Y Mobley Y Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr N Orrock Y Padgett Y Parham
4146
JOURNAL OF THE HOUSE,
N Parrish Y Patten N Pelote Y Perry
Pettit Y Pinholster Y Pinkston N Poag Y Porter Y Poston Y Powell.A Y Powell.C
N Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal N Selman N Sherrill N Simpson N Sinkfield
Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith,W Y Smyre Y Snow N Stancil.F Y Standl.S N Stanley Y Streat Y Taylor
Y Teper Thomas.C
N Thomas.M N Thomas,N Y Thurmond
Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan
Y Walker,J Y Walker.L Y Wall Y Watson
Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 111, nays 48. The motion prevailed.
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 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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 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 who served in World War I, World War II, the Korean War, the Vietnam War, and Opera tion Desert Storm; to provide for procedures and qualifications for the issu ance of such license plates; to provide for fees.
The following Committee substitute was read and withdrawn:
A BILL
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to prestige license plates and special 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 who served in World War I, World War II, the Korean War, the Vietnam War, and Operation Desert Storm; to provide for procedures and qualifications for the issuance of such license plates; to provide for fees; to provide for transfer of such plates; 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 40 of the Official Code of Georgia Anno tated, relating to prestige license plates and special license plates for certain persons and vehicles, is amended by striking Code Section 40-2-85.1, relating to special and distinctive license plates for retired veterans, in its entirety and inserting in lieu thereof a new Code Section 40-2-85.1 to read as follows:
"40-2-85.1. (a) Motor vehicle owners who are retired veterans of the armed forces of the United States who served in World War l^ World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinc tive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A retired veteran who qualifies for the special and distinctive license plate pursu ant to subsection (a) of this Code section shall make application therefor with the com missioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plates for the wars or military operation
MONDAY, MARCH 30, 1992
4147
described in subsection (a) of this Code section until a minimum of 250 applications have been received for a distinctive license plate for a specific war or military operation. After receipt of 250 applications for such a distinctive license plate for such war or mili tary operation, the commissioner shall design a distinctive license plate for that war or military operation as provided in subsection (c) of this Code section and issue the dis tinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications for a specific war or military operation by July 31 of the year preceding the year of issuance of such plates, the com missioner shall not accept any applications for nor issue such distinctive license plates for that war or military operation, and all fees shall be refunded to applicants. The com missioner 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 pas senger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00. The commissioner is specifically authorized to promulgate all rules and regu lations 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.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed apen such license plates so as to iden tify distinctively the owners as retired veterans of the armed forces of the United States who served in World War I, World War II, the Korean War, the Vietnam War, or Oper ation Desert Storm.
(d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a retired veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the retired veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80.
(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Holland of the 136th, was read:
A BILL
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to prestige license plates and special 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 who served in World War I, World War II, the Korean War, the Vietnam War, and Operation Desert Storm and for licensed emergency medical technicians; to pro vide for procedures and qualifications for the issuance of such license plates; to provide for fees; to provide for transfer of such plates; 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 40 of the Official Code of Georgia Anno tated, relating to prestige license plates and special license plates for certain persons and vehicles, is amended by striking Code Section 40-2-85.1, relating to special and distinctive license plates for retired veterans, in its entirety and inserting in lieu thereof a new Code Section 40-2-85.1 to read as follows:
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JOURNAL OF THE HOUSE,
"40-2-85.1. (a) Motor vehicle owners who are retired veterans of the armed forces of the United States who served in World War I World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinc tive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A retired veteran who qualifies for the special and distinctive license plate pursu ant to subsection (a) of this Code section shall make application therefor with the com missioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plates for the wars or military operation described in subsection (a) of this Code section until a minimum of 250 applications have been received for a distinctive license plate for a specific war or military operation. After receipt of 250 applications for such a distinctive license plate for such war or mili tary operation, the commissioner shall design a distinctive license plate for that war or military operation as provided in subsection (c) of this Code section and issue the dis tinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications for a specific war or military operation by July 31 of the year preceding the year of issuance of such plates, the com missioner shall not accept any applications for nor issue such distinctive license plates for that war or military operation, and all fees shall be refunded to applicants. The com missioner 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 pas senger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00. The commissioner is specifically authorized to promulgate all rules and regu lations 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.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to iden tify distinctively the owners as retired veterans of the armed forces of the United States who served in World War 1^ World War II, the Korean War, the Vietnam War, or Oper ation Desert Storm.
(d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a retired veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the retired veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80.
(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
Section 2. Said article is further amended by inserting at the end thereof a new Code Section 40-2-86 to read as follows:
"40-2-86. (a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia and who are emergency medical technicians duly licensed by this state, upon application accompanied by proof of ownership of such license and upon full compliance with the state motor vehicle laws in relation to regis tration and licensing of motor vehicles and upon payment of an additional fee of $40.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed a distinctive insignia and the letters 'EMT.' The commissioner may consult with any organizations representing emergency medical technicians and with emergency
MONDAY, MARCH 30, 1992
4149
medical technicians residing in this state in the design of the special license plate autho rized by this subsection.
(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, such plate shall be removed and the authority to use the plate shall thereby by canceled; however, after such a transfer of ownership occurs, should an emergency medical technician acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80.
(c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.
(d) The commissioner shall retain all applications for such special emergency medical technicians' license plates until a minimum of 250 applications have been received. If the commissioner does not receive the required minimum of 250 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No emergency medical technician shall be entitled to more than one special and distinctive motor vehi cle license plate."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representatives Murphy of the 18th and Jackson of the 9th move to amend the Floor substitute to SB 505 by inserting on line 10 of page 1 after the word and symbol "mat ters;" the following:
"to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, so as to specify the location for placement of revalidation decals; to require certain vehicle dealers to obtain a certificate of title in their names after obtain ing a vehicle; to provide that no cause of action exists for not disclosing certain damage to used or previously titled motor vehicles; to provide that no new cause of action is cre ated; to exempt migrant farm workers from obtaining a Georgia driver's license under certain conditions; to change certain provisions relating to reports of convictions of traf fic violations; to change certain provisions relating to habitual violators; to change cer tain provisions relating to periods of suspension and conditions of reinstatement of a driver's license; to change certain conditions relating to issuance of limited driving per mits; to provide for procedures upon notice of cancellation of minimum required motor vehicle insurance; to provide for sanctions for improper cancellation reports; to provide for licensing fees and surety bonds for driver improvement clinics; to clarify the manda tory nature of DUI Alcohol or Drug Use Risk Reduction Programs; to provide for the licensing of instructors to teach the required alcohol and drug program for teen-age driv ers; to provide for fees; to provide for the authority of the commissioner of public safety and the commissioner of human resources with respect to the administration of certain driver improvement programs; to change certain requirements and provisions relative to issuance of personal identification cards; to provide that a person shall be disqualified from driving a commercial motor vehicle if convicted of a first violation of any offense specified in Code Section 40-5-54 while driving a commercial motor vehicle; to provide that the rules of the road are applicable to motorcycles; to change certain speed limits for school buses; to change certain posting requirements for parking areas with regard to operation of motor vehicles; to provide for notice to the sentencing court and the department of public safety of completion of a DUI Alcohol or Drug Use Risk Reduction Program; to prohibit covering the headlights of any motor vehicle with any type of material; to exempt law enforcement officers from the restrictions on affixing materials
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JOURNAL OF THE HOUSE,
to windshields or windows to reduce light transmission; to change certain tire tread requirements for school buses; to repeal the requirement that motor vehicle manufactur ers file their warranties with the department; to change certain procedures relating to prosecution of traffic offenses; to provide for transfers of bonds; to provide for proce dures for operation of traffic violations bureaus; to authorize an officer to require sur render of the driver's license at the time of citation; to provide that certain offenses shall not be disposed of by a traffic violations bureau; to clarify certain procedures rela tive to the use of radar; to correct certain stylistic, capitalization, and punctuation errors; to revise and modernize certain language; to provide for effective dates;".
By inserting on line 33 of page 3 immediately after "40-2-31" the following:
"upon payment of an additional $25.00 annual registration fee which fee shall be col lected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34".
By striking lines 3 and 4 of page 4 in their entirety and inserting in lieu thereof the following:
"Section 1.5. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-2-8, relating to operation of a vehicle without a current license plate or revalidation decal, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a num bered license plate and current revalidation decal affixed to the upper right-hand corner of the license plate, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and pro vided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that he has prop erly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him, then the owner shall not be subject to the above penalties.'
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-3-33, relating to transfers of vehicles to dealers, and inserting in lieu thereof a new sub section (a) to read as follows:
'(a) (1) A Except as provided in paragraph (2) of this subsection, a dealer who buys a vehicle and holds it for resale need not apply to the commissioner for a new certifi cate of title but may retain the certificate delivered to him. Upon transferring the vehicle to another person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assign ment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vehicles under this Code section shall otherwise conform with Code Section 40-3-32. A dealer selling a previously registered vehicle which under this chapter need not have a certificate of title need not furnish a pur chaser of such a vehicle a certificate of title. After a previously registered vehicle has been brought under the terms of this chapter, a dealer, when selling that vehicle, shall conform to all provisions of this chapter.
MONDAY, MARCH 30, 1992
4151
(2) (A) As used in this paragraph, the term "franchise dealer" means a dealer who under a contract or franchise agreement with a manufacturer, distributor, wholesaler, or importer is authorized to sell new motor vehicles of or for such manu facturer, distributor, wholesaler, or importer and who is authorized to use trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales.
(B) A dealer who is not a franchise dealer who acquires a vehicle for which the original certificate of title has not been issued and who holds such vehicle for resale shall not be exempt from the requirement to obtain a certificate of title in such dealer's name as provided in paragraph (1) of this subsection. Such dealer shall, as provided in Code Section 40-3-32, obtain a certificate of title in such dealer's name prior to selling or otherwise transferring said vehicle to any other person or dealer.'
Section 3. Said title is further amended by adding immediately following Code Section 40-3-35 a new Code Section 40-3-35.1 to read as follows:
'40-3-35.1. (a) The seller of a used or previously titled motor vehicle shall not be liable to the purchaser of such motor vehicle and the purchaser of a used or previously titled motor vehicle shall not have a cause of action against the seller of such motor vehicle for the failure of the seller of such motor vehicle to disclose or otherwise make known the fact that such motor vehicle has been damaged or that one or more major component parts on such motor vehicle have been repaired or replaced if such damage, repair, or replacement does not require the certificate of title for such motor vehicle to be marked "salvaged" or "rebuilt" or if such damage, repair, or replacement does require the certificate of title for such motor vehicle to be marked "salvaged" or "rebuilt" but no such marked certificate of title has been issued for such motor vehicle at the time of sale or such marked certificate of title has not been provided to the seller prior to the sale.
(b) This Code section shall not be deemed to directly or indirectly create a cause of action for the failure to disclose any information regarding damage to or the repair or replacement of major component parts of a motor vehicle.'
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-5-21, relating to exemptions generally from the driver's license laws, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Except as provided in Article 7 of this chapter, the "Georgia Uniform Commer cial Driver's License Act," the following persons are exempt from licenses under this chapter:
(1) Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver's license;
(2) A nonresident who is at least 16 years of age and who has in his immediate possession a valid license issued to him in his home state or country;
(3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his home state, and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state;
(4) Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his return to the United States;
(5) Any inmate or resident patient of a state, county, or municipally owned institu tion who drives a vehicle while on the grounds of such institution and while accompa nied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and supervise such inmate or resident patient;
(6) Any person driving or operating a farm tractor or farm implement temporarily operated on a highway for the purpose of conducting farm business;
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JOURNAL OF THE HOUSE,
(7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or munici pality and being operated with the written approval of the warden or superintendent and in such manner and for such purpose as may be specified by the warden or super intendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licens ing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests;
(8) A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve components of the armed forces; and
(9) Any person seeking to obtain a driver's license while taking the driving exami nation for such license accompanied by a driver license examiner of the department or a certified examining agent of the department j and
(10) Any migrant farm worker who works in this state less than 90 days in any cal endar year and who possesses a valid driver's license issued by another state.'
Section 5. Said title is further amended by striking Code Section 40-5-22.1, relating to reinstatement of the driver's license of a person under 16 years of age convicted of driv ing under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof a new Code Section 40-5-22.1 to read as follows:
'40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion ef- a certified assessment component and the education/intervention compo nent er the intensive intervention component of a DUI alcohol ad drag se risk reductien program as prescribed Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or operated fey er under contract with an assess ment and intervention program approved by the juvenile court and pays a fee of $36.00 $210.00 to the Department of Public Safety or $26.00 $200.00 when such application is processed by mail. The court shall notify the Department of Public Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Public Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section.'
Section 6. Said title is further amended by striking Code Section 40-5-53, relating to when courts are to send drivers' licenses and reports of convictions to the Department of Public Safety, in its entirety and inserting in lieu thereof a new Code Section 40-5-53 to read as follows:
'40-5-53. (a) Whenever any person is convicted of any offense for which this chap ter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction.
(b) Except as provided in subsection (?) ef- this Code section, every Every court in each 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 and having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor
MONDAY, MARCH 30, 1992
4153
vehicles on highways shall forward to the department, within ten days after the convic tion of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chap ter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25<t for each report forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25$ fee as additional compensation.
(c) Every court in a each county of this state having a population of 300,000 er less than 550,000 according to the 1080 decennial census United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter or Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uni form citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25$ for each report forwarded; and in those cases where the clerk receiving such 25$ fee is compensated solely on a fee basis, the clerk shall retain such 25$ fee as additional compensation. In those cases where the clerk receiving such 25$ fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall be paid over to the city or county oper ating the court, unless expressly provided otherwise in a local law relating to the com pensation of such clerk.'
Section 7. Said title is further amended by striking subsection (d) of Code Section 40-5-57, relating to suspension of a driver's license for assessment of points, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
'(d) Any person who has such points assessed against him as to require the suspen sion of his license pursuant to subsection (a) or (b) of this Code section shall have his license suspended as follows:
(1) Upon a first assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 66 days ef suspension completion of the requirements set forth in Code Section 40-5-84, such person may apply to the depart ment for the return of his license;
(2) For a second assessment of the requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, the period of suspension shall be three years, provided that at any time after 96 days of suspension completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license; and
(3) For a third assessment of requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, such person shall have his license suspended for a period of two years. Such person shall not be eligible for early return of his license or for a limited driving permit as provided in Code Section 40-5-64 during such two-year period.'
Section 8. Said title is further amended by striking subparagraph (e)(6)(A) of Code Section 40-5-58, relating to habitual violators' probationary licenses, in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:
'(A) (i) Any probationary licensee violating the provisions of paragraph (4) of this subsection or operating a vehicle in violation of any conditions specified in this sub section shall be guilty of a misdemeanor.
(ii) Any Except as provided in division (iii) of this subparagraph, any probationary licensee whe is convicted ef violating; er whe pleads ete contcndcrc te charge ef violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.
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(iii) Any probationary licensee violating any state law or local ordinance involving a felony offense listed in Code Section 40-5-54 shall be guilty of a felony and shall be punished as is provided for conviction of such felony.'
Section 9. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
'(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of sus pension 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 after the expiration of 120 days only if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mai!2 provided that if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated if such person submits proof of completion of either an approved defensive driving course or a PUT Alcohol or Drug Use Risk Reduction Pro gram and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alco hol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a per son 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 per son 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be rein stated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a res toration fee of $36.00 $210.00 or $26.00 $200.00 when processed by maili 1 provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated upon submission of proof of completion of either an approved advanced defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and payment of the prescribed restoration fee. For pur poses 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
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of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions. (b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that the license suspension of a person who refused to submit to a test or tests provided in Code Section 40-5-55, but who within 180 days of the date of arrest enters a plea of guilty to a charge of violating Code Section 40-6-391, shall be deleted upon the acceptance of such plea and receipt by the Department of Public Safety of an authorization from the prosecutor or, where there is no prosecutor, from the judge authorizing the deletion. If a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393 or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months. Notwithstanding the provisions of subsection (a) of this Code section which provide for the early reinstatement of a driver's license, the Department of Public Safety shall not reinstate a driver's license during any period of suspension imposed under this subsection.'
Section 10. Said title is further amended by striking subsection (e) of Code Section 40-5-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
'(e) Any person convicted of violating subsection (a) or subsection (c) of Code Sec tion 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to seri ous injury by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction.'
Section 11. Said title is further amended by striking subsection (e) of Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
'(e) A permit issued pursuant to this Code section shall be $6.00 $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or upon the expiration of 120 days following conviction in the case of a suspension for a violation of Code Section 40-6-391, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit; immediately follow ing such conviction. Upon the applicant's execution of an affidavit attesting to such facts
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and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit.'
Section 12. Said title is further amended by striking subsection (a) of Code Section 40-5-71, relating to the procedure upon notice of cancellation of minimum required motor vehicle insurance, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) (1) In cases in which the minimum motor vehicle insurance required by Chap ter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the effective date ef the cancellation date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notify the Department of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation, fe the event a canceled pelicy. ts reiristflted Dy tiie insurer wittiout ft iflpsc itt coverfl^e dftct sucn rcinst&tcnicirt
within live Qflys sitcr trie dftte the policy wfls peinststecij sritui notity trie Qep IB the form specified fey the department ef such reinstatement. For the purposes of aiding in the enforcement of the requirement of minimum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. F-er th purposes ef this Code section, cancellation shall be defined by regulation ef the department. The com missioner of public safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Public Safety by any insurer in violation of the regulation of the Department of Public Safety defining a cancella tion and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commis sioner of Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(2) The Department of Public Safety shall, by regulation, define cancellation for the purposes of insurers sending the notices required by this Code section and the department's definition shall in no way be construed as modifying the provisions of Code Section 33-24-45.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregu larities in the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation.'
Section 13. Said title is further amended by striking Code Section 40-5-75, relating to the suspension of a driver's license for conviction of possession of a controlled substance or marijuana, in its entirety and inserting in lieu thereof a new Code Section 40-5-75 to read as follows:
'40-5-75. (a) The driver's license of any person convicted of possession of a con trolled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(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
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to the date of the current arrest for which a conviction is obtained, the period of sus pension shall be for not less than 180 days. At the end of 180 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of the assessment component and cither the education/intervention component er the intcn9iV6 intervention component Or st t/ur sicorioi of QFU use risK reduction progr&m &8 prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Public Safety a res toration fee of $86.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of the intensive intervention component ef a LJ \j i aiconoi of drug use risK reduction program fts prcscFiDcd a ULJ i Alconoi or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment pro gram. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term "extreme hardship" means that the applicant cannot reasonably obtain other transportation, and, therefore, the appli cant would be prohibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organiza tions for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner.
(b) Whenever a person is convicted of possession of a controlled substance or mari juana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30, the court in which such conviction is had shall require the sur render to it of any driver's license then held by the person so convicted and the court
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shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, however, that, effective January 1, 1992, if, at the time of conviction of unlawful possession of a controlled substance or marijuana, the person does not have a driver's license or the person's driver's license has been previ ously suspended, the periods of suspension specified by this Code section shall not com mence until the person applies for the issuance or reinstatement of a driver's license.
(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discre tion of the judge. If a plea of nolo contendere is accepted as provided in this subsec tion, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete the assessment and education/intervention components ef a First Offender a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipu late that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such pro gram by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety.
(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety.
(d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required componcnts OT d JJUl ftlcoriol OF dfu^ use nsK WJQlie*ion ppo^rflwi s u Ul Alconol or Uru^ LJss Risk Reduction Program and a restoration fee of $36.00 $210.00 or $a6r9e $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.
(e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section.
(f) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driv ing permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.
(g) Notwithstanding the provisions of Code Section 15-11-38 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for possession of marijuana or a controlled substance in viola tion of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section.
(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a assessment component and tat education/intervention component or intensive intervention component ef- a BtH alcohol r d*f se risk reduction program operated by or under contract with the juvenile eeert
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HI liea ef a program as prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or an assessment and intervention program approved by the juvenile court.'
Section 14. Said title is further amended by striking Code Section 40-5-80, relating to the purpose of the 'Georgia Driver Improvement Act,' in its entirety and inserting in lieu thereof a new Code Section 40-5-80 to read as follows:
'40-5-80. The purpose of this article, the "Georgia Driver Improvement Act," is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI alcohol or drug se riskreduction programs Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Public Safety shall:
(1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the Board of Public Safety and shall, as best as the board shall determine, approxi mate the expense incurred by the Department of Public Safety in consideration of an application. These licenses shall be valid for a period of two years unless suspended or revoked prior to the expiration of that time period; and
(2) Require, in addition to the criteria for approval of driver improvement clinics established by the commissioner of public safety, as provided in subsection (a) of Code Section 40-5-83, that every driver improvement clinic shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Public Safety and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the Board of Public Safety; however, in rw event shall this amount be less than $2,500.00. If at any time said bond is not valid and in force, the license of the clinic shall be deemed suspended by operation of law until a valid surety company bond is again in force.'
Section 15. Said title is further amended by striking Code Section 40-5-81, relating to the optional nature of certain driver improvement programs, in its entirety and inserting in lieu thereof a new Code Section 40-5-81 to read as follows:
pftvoKcd puFsufliJt to tnc isws of tins stflt/c. Acceptsnce of trie provisions of tfiis &rtici6 sftft11 i&e voiuntflfy on trie pflrt of cscft driver witfiin tois stflt^j ftRd no driver stid.ll ~oc compelled te participate H the driver improvement program established under this arti cle; This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with this article shall be tat alternative method by which a
department and shall be m addition te the methods provided fop the restoration ef a driver's license er th issuance ef- limited driving permit by Article 3 ef this chapter.
(b) Whenever any person is authorized or required to attend a driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improve ment clinic or program DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, pro bation officer, law enforcement officer, or other officer or employee of a court from fur nishing any person, upon request, the names of certified driver improvement clinics or programs DUI Alcohol or Drug Use Risk Reduction Programs.'
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Section 16. Said title is further amended by striking subsection (c) of Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behind the wheel training. The alco hol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course.'
Section 17. Said title is further amended by striking Code Section 40-5-84, relating to reinstatement of licenses suspended for certain offenses or points, in its entirety and inserting in lieu thereof a new Code Section 40-5-84 to read as follows:
'40-5-84. (a) Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is sus pended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved ba alcohol e* drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail.
(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expira tion of 120 days following the date the license is suspended, be reinstated by the depart ment upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol er drug eeufae DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $86.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail.
(c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail.
(d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of com pletion of an advanced defensive driving course or an approved advanced alcohol f*r drag course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restora tion fee of $86.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail.'
Section 18. Said title is further amended by striking Code Section 40-5-86, relating to reduction of point count upon completion of course, in its entirety and inserting in lieu thereof a new Code Section 40-5-86 to read as follows:
'40-5-86. Upon the accumulation of eight points or more pursuant to Code Section 40-5-57, the total number of points accumulated by any driver shall be reduced by seven points upon the satisfactory completion by such driver of an approved defensive driving
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course or an approved basic alcohol ef drug course DUI Alcohol or Drug Use Risk Reduction Program and the submission of a certificate by such driver to the depart ment. The provisions of this Code section shall be available one time only to each driver in any ten-year period.'
Section 19. Said title is further amended by striking Code Section 40-5-88, relating to administrative penalties, in its entirety and inserting in lieu thereof a new Code Section 40-5-88 to read as follows:
'40-5-88. As an alternative to criminal or other civil enforcements, the commissioner of public safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each viola tion, whenever the that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of public safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of public safety or the commis sioner of human resources, as appropriate, may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the such commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumu lative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article.'
Section 20. Said title is further amended by striking Code Section 40-5-100, relating to identification cards for persons without drivers' licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-100 to read as follows:
'40-5-100. (a) The Department of Public Safety shall issue personal identification cards to all persons residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinc tive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehi cle drivers' licenses and shall contain a recent color photograph of the applicant and include the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Post where the identification card was issued; and (10) Signature of person identified.
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(b) The identification card shall be valid for four years and shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the per son identified or any number the department deems necessary to implement this Code section.'
Section 21. Said title is further amended by striking subsection (a) of Code Section 40-5-151, relating to disqualification from driving a commercial motor vehicle, and insert ing in lieu thereof the following:
'(a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If convicted of a first violation of: (A) Any offense specified in Code Section 40-5-54 that occurs while the person
is driving or being in actual physical control of a moving commercial motor vehicle;
PI {B)--Driving under the influence ef alcohol f>r drugs, s provided in Code Section
(6) (B) Driving or being in actual physical control of a moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; or (2) For refusal to submit to a test as prescribed in paragraph (1) of subsection (a) of Code Section 40-6-392 to determine the driver's alcohol concentration while driving a commercial motor vehicle.'
Section 22. Said title is further amended by striking Code Section 40-6-11, relating to the applicability of the rules of the road, in its entirety and inserting in lieu thereof a new Code Section 40-6-11 to read as follows:
'40-6-11. (a) For the purposes of this Code section, "motorcycle" means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped.
{b}--Except as provided subacctiona (e}j {d)j ael {} ef this Code section, the provi sions ef- this chapter shall net apply te the operation ef- motorcycles.
(e) (b) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor.
(d) (c) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his immediate possession or on the motorcycle at all times when such person is operating the motorcycle. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection.
{e} (d) Every law enforcement officer in this state shall request the operator of a motorcycle to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator.'
Section 23. Said title is further amended by striking Code Section 40-6-160, relating to speed limits for school buses, in its entirety and inserting in lieu thereof a new Code Section 40-6-160 to read as follows:
'40-6-160. (a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful to operate:
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(1) A school bus transporting school children to and from school or to and from school activities at a speed greater than 40 miles per hour on a public road other than one which is a part of a National System of Interstate and Defense Highways; or
(2) A school bus transporting school children to and from school or to and from school activities on a public road which is a part of a National System of Interstate and Defense Highways at a speed greater than 66 55 miles per hour, (b) When a school bus is transporting school children to or from an event or school activity or an express bus transporting students from one school to another school and is not loading or unloading children during such transportation, the speed limit shall be 66 55 miles per hour on other public roads as well as on those public roads which are a part of the National System of Interstate and Defense Highways.'
Section 24. Said title is further amended by striking subsection (a) of Code Section 40-6-252, relating to parking, standing, or driving a motor vehicle in a private parking area after being requested not to do so, in its entirety and inserting in lieu thereof a new sub section (a) to read as follows:
'(a) No person shall, after having been requested not to do so by a law enforcement officer or an authorized agent of the owner, park or stand an occupied or unoccupied motor vehicle in or repeatedly drive a motor vehicle through or within a parking area located on privately owned property and provided by a merchant, group of merchants, or shopping center or other facility for customers if:
(1) The parking area is identified by at least one sign as specified in this para graph, and if the parking area contains more than 150 parking spaces then by at least one such sign fe* every 166 parking spaces at each entrance to the parking area, each such sign containing the following information in easy to read printing:
(A) Notice of this Code section; (B) Identification of the property which is reserved for customers' use only; (C) Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area; and (D) Warning that violators will be prosecuted; and (2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of: (A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the inte rior of the shopping center or other facility so identified; (B) Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area; (C) Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or (D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.'
Section 25. 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 violating Code Sec tion 40-6-391, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
'(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defend ant to attend and complete a 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 within 120 days of the issuance of the court order. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The court
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shall, at the time of surrender of the driver's license to it, issue a temporary driving per mit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his 120 day driving permit shall be invalid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program.'
Section 26. Said title is further amended by striking subsection (d) of Code Section 40-8-22, relating to headlights, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
'(d) The headlights required by this Code section shall be maintained in proper working condition and shall not be covered by any type of material, provided that the covering restriction shall not apply to any vehicle on which the original factory head lights were covered.'
Section 27. Said title is further amended by striking subsection (c) of Code Section 40-8-73.1, relating to affixing of materials to windshields or windows to reduce light trans mission, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) The provisions of subsection (b) of this Code section shall not apply to: (1) Adjustable sun visors which are mounted forward of the side windows and are
not attached to the glass; (2) Signs, stickers, or other matter which is displayed in a seven-inch square in the
lower corner of the windshield farthest removed from the driver or signs, stickers, or other matter which is displayed in a five-inch square in the lower corner of the wind shield nearest the driver;
(3) Direction, destination, or termination signs upon a passenger common carrier motor vehicle if the signs do not interfere with the driver's clear view of approaching traffic;
(4) Any transparent item which is not red or amber in color which is placed on the uppermost six inches of the windshield;
(5) Any federal, state, or local sticker or certificate which is required by law to be placed on any windshield or window;
(6) The rear windshield or the side or door windows, except those windows to the right and left of the driver of:
(A) A multipurpose passenger vehicle; (B) A school bus, any other bus used for public transportation, and any bus or van owned or leased by any religious or any nonprofit organization duly incorpo rated under the laws of this state; (C) Any limousine owned or leased by a public or private entity; or (D) Any other vehicle, the windows or windshields of which have been tinted or darkened before factory delivery or permitted by federal law or regulation; er (7) Any motor vehicle not registered in this stater j or (8) Any law enforcement vehicle.'
Section 28. Said title is further amended by striking Code Sections 40-8-74 and 40-8-77 in their entirety and inserting in lieu thereof new Code Sections 40-8-74 and 40-8-77 to read as follows:
'40-8-74. (a) No vehicle equipped with solid rubber tires shall be used or trans ported on the highways, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery.
(b) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber
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which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use:
(1) Farm machinery with tires having protuberances which will not injure the high way; and
(2) Tire chains of reasonable proportions or tires equipped with safety spike-metal metal spike studs upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. (d) The Transportation Board and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks, or of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code sec tion. (e) All tires:
(1) Shall have not less than 2/32 inch tread measurable in all major grooves with the exception of school buses which shall have not less than 4/32 inch tread measurable in all major grooves;
(2) Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and
(3) Shall be free from bumps, bulges, or separations. (f) No motor vehicle shall be operated on a public street or highway with tires that have been marked "not for highway use," "for racing purposes only," or "unsafe for highway use." (g) Retreaded tires shall not be used upon the front wheels of buses.'
'40-8-77. (a) As used in this Code section, the term "private passenger automobile" shall mean a four-wheel motor vehicle designed for carrying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, provided that the term "private passenger automobile" shall not include a multipurpose vehicle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, designed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation.
(b) Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system conforming to all federal motor vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the federal safety standard cer tification label affixed to the automobile.
4e)--T-he warranty provisions ef this Code section shall net be applicable with respect te any private passenger automobile as te which the manufacturer fties a written ccrtifi
the applicable standards ef this Code section.'
Section 29. Said title is further amended by striking Code Sections 40-13-3, 40-13-23, 40-13-29, 40-13-30, 40-13-31, 40-13-33, 40-13-50, 40-13-53, 40-13-57, 40-13-60, and 40-13-62 in their entirety and inserting in lieu thereof the following:
'40-13-3. Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense shall may proceed with the adjudication of the offenses con tained within the complaint without the necessity of filing an indictment or other accu sation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final dis position of the case to the Department of Public Safety.'
'40-13-23. (a) No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable cause exists, he shall be immediately bound over to the
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court in the county having jurisdiction to try the offense, wherein a jury may be impan eled. Where a cash bond or driver's license in lieu of bond has been posted, the bond shall be transferred to the court assuming jurisdiction without the necessity of the defendant posting new bond.
(b) No waiver of a trial by jury may be withdrawn when such waiver has been inter posed for the purpose of delay. Except with approval of the court, no waiver of a trial by jury may be withdrawn after the commencement of the trial or the filing of motions on behalf of the defendant, whichever comes first.'
'40-13-29. In all counties except those having city, county, or state courts, the judge of the probate court shall have exclusive jurisdiction of all traffic misdemeanor cases originating in the county outside of municipal corporations; T-h i and the judge of the municipal court in each municipal corporation shall have exclusive jurisdiction of traffic misdemeanor cases originating inside the corporate limits of municipalities.
40-13-30. State highway patrolmen Officers of the Georgia State Patrol and any other officer of this state or of any county or municipality thereof having authority to arrest for a criminal offense of the grade of misdemeanor shall have authority to prefer charges and bring offenders to trial under this article, provided that officers of an incor porated municipality shall have no power to make arrests beyond the corporate limits of such municipality unless such jurisdiction is given by local or other law.
40-13-31. The sheriffs of the several counties of this state are entitled to an arresting fee, as provided by law, in every case in which the sheriff or his lawful deputy arrests, assists in arresting, or takes custody of any person charged with crime who has been apprehended by an officer of the state patrol Georgia State Patrol and delivered to the sheriff or his lawful deputy. If the sheriff is upon a salary, the fee shall be paid into the county treasury.'
'40-13-33. (a) Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final.
(b) Any challenge to a conviction specified in subsection (a) of this Code section which became final before March 28, 1986, must be filed within 180 days following March 28, 1986.
(c) When the commissioner of public safety is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County.
(d) Failure to file the challenge within the time prescribed in this Code section shall divest the court of jurisdiction.'
'40-13-50. In every court of this state having jurisdiction over the violation of traffic laws or traffic ordinances, the judge, or the judges where there ttre is more than one judge, may provide by written order for the establishment of a traffic violations bureau for the handling or disposition of certain traffic cases in substantial compliance with this article. The court shall promulgate and provide to the clerk of the traffic violations bureau a list of the traffic offenses which shall be handled and disposed of by the traffic violations bureau. However, nothing in this article shall authorize the judge of such court to employ any person or persons to administer this article.'
'40-13-53. (a) Subject to the exceptions set out in subsection (b) of this Code sec tion, any officer who arrests any person for the violation of a traffic law or traffic ordi nance alleged to have been committed outside the corporate limits of any municipality shall permit such person to be released upon being served with a citation and complaint and agreeing to appear, as provided in this articlej unless ; If such officer has reasonable and probable grounds to believe that the person will not obey such citation and agree ment to appear^ the officer may require such person to surrender his driver's license in accordance with Code Section 17-6-11.
\D/ .persons flp'rcstcQ lor trie following oiicnsGS wisy not i& rcicftscci ds provideu HI subsection (a) ef- this Code section The following offenses shall not be handled or dis posed of by a traffic violations bureau:
(1) Operating a taetef vehicle m violation ef Code Section 40-6-301 Any offense for which a driver's license may be suspended by the commissioner of public safety;
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(2) Any motor vehicle registration violation; (3)_A violation of Code Section 40-5-20; 43} (4) Speeding in excess of 16 30 miles per hour over the posted speed limit; or {4}--Ay other offcnsc which the court has cxccptcd by order. (5) Any offense which would otherwise be a traffic violations bureau offense but which arose out of the same conduct or occurred m conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense shall be subject to the maximum punishment set by law. \c)--l Tie com** mflyj oy rts orocp, sod to ine exceptions set out tft 8uD96cwon \&) ot this Code section bat shall have ne authority te remove any of such exceptions.' '40-13-57. In the event an officer has authority to issue citation and complaint as set forth in Code Section 40-13-53 but declines to do so because of his belief that such per son will not obey the citation and agreement to appear, such officer may bring such per son to the traffic violations bureau and such person may be allowed to post a cash bond for his appearance in accordance with the schedule established by the court.' '40-13-60. Any traffic violation under the jurisdiction of the traffic violations bureau shall be characterized and classified as a traffic violation and shall not be considered as a misdemeanor. Whenever any traffic violation is transferred from another court to a court which has a traffic violations bureau, if such offense is classified as a traffic viola tion on the traffic violations bureau schedule of the receiving court, such violation shall be handled and disposed of by such traffic violations bureau. Where a defendant demands a trial on a traffic violation, it shall be tried before a judge of the court which established the traffic violations bureau. The request for a trial shall not result in a loss of jurisdiction by the traffic violations bureau.' '40-13-62. When any person cited for a traffic violation pursuant to this article fails to appear in court on the date specified in the citation and in accordance with his writ ten promise to appear, unless such person has posted a cash bond as provided in this article, the traffic violations bureau thereupon loses jurisdiction and the citation shall be forwarded to the prosecuting attorney of the court who shall have an accusation issued against such person. and Upon motion of the prosecuting attorney, a bench war rant shall issue based on the accusation for the arrest of the defendant. The defendant's case shall be docketed by the clerk of the court and handled as all other misdemeanors.'
Section 30. Said title is further amended by striking Code Sections 40-14-7 and 40-14-8 in their entirety and inserting in lieu thereof new Code Sections 40-14-7 and 40-14-8 to read as follows:
'40-14-7. No stationary speed detection device shall be employed by county, munici pal, college, or university law enforcement officers where the vehicle from which the device is operated is net visible to obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.
40-14-8. (a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device except in properly marked school zones one ftour Detore) ctuptR^, snot one ftour fitter trie norms! Hours of scnooi opeMItion, QIIQ m properly marked rcaidcntial districts, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour; and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.
(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be con sidered residential districts.'
Section 31. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 1 of this Act shall become effective July 1, 1992.
Section 32. All laws and parts of laws in conflict with this Act are repealed."
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Representatives Jackson of the 9th and Holland of the 136th move to amend the amendment to the Floor substitute to SB 505 by inserting on line 9 after the word and symbol "decals;" the following:
"to provide for special license plates for licensed emergency medical technicians;".
By striking line 10 of page 3 in its entirety and inserting in lieu thereof the following:
"Section 1.25. Said article is further amended by inserting at the end thereof a new Code Section 40-2-86 to read as follows:
'40-2-86. (a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia and who are emergency medical technicians duly licensed by this state, upon application accompanied by proof of ownership of such license and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of an additional fee of $40.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed a distinctive insignia and the letters "EMT." The commissioner may consult with any organizations representing emergency medical technicians and with emergency medical technicians residing in this state in the design of the special license plate authorized by this subsection.
(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, such plate shall be removed and the authority to use the plate shall thereby by canceled; how ever, after such a transfer of ownership occurs, should an emergency medical techni cian acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80.
(c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.
(d) The commissioner shall retain all applications for such special emergency med ical technicians' license plates until a minimum of 250 applications have been received. If the commissioner does not receive the required minimum of 250 applica tions no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No emergency medical technician shall be entitled to more than one special and distinctive motor vehicle license plate.'
Section 1.5. Title 40 of the Official Code of.
By striking "Section 1" on line 31 of page 49 and inserting in lieu thereof the follow ing:
"Sections 1 and 1.25".
Representative Jackson of the 9th moves to amend the Floor substitute to SB 505 striking lines 22 and 23 of page 1 in their entirety and inserting in lieu thereof the follow ing:
"retired veterans of the armed forces of the United States or persons who served during World War I, World War IL. the".
By striking lines 17 and 18 of page 3 in their entirety and inserting in lieu thereof the following:
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"distinctively the owners as retired veterans of the armed forces of the United States or persons who served during World".
Representatives Snow of the 1st, Lane of the lllth and Mobley of the 64th move to amend the Floor substitute to SB 505 by inserting on line 4 of page 1 after the words "so as to" the following:
"provide for the issuance of special reservist license plates to certain persons who are members of reserve units or the National Guard in an adjoining state; to provide for fees; to provide for conditions; to provide for issuance of National Guard license plates to the spouses of members; to".
By striking lines 13 through 21 of page 1 in their entirety and inserting in lieu thereof the following:
"Section 0.5. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, prestige plates and special license plates for certain persons and vehicles, is amended by striking Code Section 40-2-65, relating to special license plates for members of active reserve components of the United States, in its entirety and inserting in lieu thereof a new Code Section 40-2-65 to read as follows:
'40-2-65. (a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transporta tion. Motor vehicle owners who are members of any National Guard unit m a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for pri vate passenger cars or trucks used for personal transportation to identify such vehicle owner as a reservist. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as pre scribed in Article 2 of this chapter. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon pay ment of the regular license fee provided for in Code Section 48-10-2 and a manufac turing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the "United States military reserve." The major commanders of each active reserve component program shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant gen eral of each neighboring state shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of that state's National Guard unit who reside in Georgia.
(b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the "United States military reserve," such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of owner ship occurs, should the said reservist acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commis sioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancel lation fee of $1.00 for the transfer of any other reservist license plate.
(2) Should an active reservist who has been issued a free license plate be dis charged or otherwise separated from his reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's free license
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plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate. Should an active reservist enlist or be commissioned after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (c) The commissioner shall promulgate such rules and regulations as may be neces sary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the com missioner. The commissioner is specifically authorized to promulgate all rules and reg ulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable.'
Section 1. Said article is amended further by striking Code Section 40-2-66, relating to special license plates for members of the Georgia National Guard, in its entirety and inserting in lieu thereof the following:
'40-2-66. (a) (1) Motor vehicle owners who are members of the Georgia National Guard or who are the spouses of members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard or the spouse of a member shall be entitled to no more than one such free plate at a time; provided, however, that, upon pay ment of the regular license fee provided for in Code Section 48-10-2 and a manufac turing fee of $25.00, a member or the spouse of a member shall be entitled to one additional such license plate. Additional words or symbols, in addition to the num bers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner or operator as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the members of the Georgia National Guard.
(2) Motor vehicle owners who are retired members of the Georgia National Guard or who are the spouses of retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehi cle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, including the payment of the basic registration fee, shall be issued a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard or spouse of a retired member shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a retired member or the spouse of a retired member shall be entitled to one addi tional such license plate. The license plates issued pursuant to this paragraph, shall, in addition to the numbers and letters prescribed by law, be identical to those
MONDAY, MARCH 30, 1992
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issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the retired members of the Georgia National Guard, (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words "National Guard," such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or retired member of the National Guard or the spouse of a member or retired member of the Georgia National Guard acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member; or retired membe^ or spouse shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $1.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $1.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate or whose spouse has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's or member's spouse National Guard license plate at the time of the dis charge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former National Guard member or the member's spouse to replace the National Guard plate. Should a mem ber of the National Guard enlist or be commissioned in the National Guard after he the member or the member's spouse has purchased a regular license plate for the cur rent year, the commanding officer of the unit in which such member enlists or is com missioned shall likewise secure the regular license plate of such new member or member's spouse and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member or the member's spouse to replace the regular plate returned to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard or the spouse of either, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member and the member's spouse pending the issuance of the new plate. (c) The commissioner shall, on or before March 1 in each year, furnish to the sheriff of each county in the state an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to main tain and to keep current such lists for public information and inquiry. (d) The commissioner shall make such rules and regulations as necessary to enforce compliance with all state license laws relating to the use and operation of a private passenger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to make all rules and regulations neces sary to make adequate provision for instances where such vehicles have been trans ferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable.'
Section 1.5. Said article is further amended by striking in its".
Representative Holland of the 136th, et al. move to amend the Floor substitute to SB 505 as follows:
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On page 3, line 34, strike the period after "40-2-31," and add the following:
Upon payment of an additional $25.00 annual registration fee which fee shall be col lected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34.
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 as follows:
Y Abernathy Y Adams Y Aiken Y Aliord Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
N Clark.E Clark.L
N Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Manner Y Harris.B
Y Harris,J
Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein N Ladd Y Lane.D Y Lane.R Y Langford N Lawrence
Lawson Y Lee
Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Pettit N Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley 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 N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus N Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y 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 151, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representative Pettit of the 19th 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 Ashe of the 25th stated that she inadvertently voted "aye" on the pre ceding roll call. She wished to be recorded as voting "nay" thereon.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
MONDAY, MARCH 30, 1992
4173
HB 1347. 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.
The following Senate substitute was read:
A BILL
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, so as to specify that the advertisement by a person licensed to provide health care services of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and misleading practice; to provide for applicability; to provide that such waiver shall not be considered misleading, fraudulent, or deceptive under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, is amended by adding immediately following Code Section 43-1-19, relating to the authority of a state examining board to refuse to grant or to revoke a license, a new Code Section 43-1-19.1 to read as follows:
"43-1-19.1. (a) For the purposes of applicable provisions of Code Section 43-1-19, it shall be considered a deceptive or misleading practice for any person duly licensed and authorized to provide any type of health care services to advertise, as an inducement to attract patients, the waiver of a deductible or copayment required to be made to such person under the patient's health insurance policy or plan.
(b) This Code section shall not apply to nonprofit community health centers which primarily serve indigent patients.
(c) Notwithstanding the provisions of any other law of this Code to the contrary, it shall not be considered a misleading, fraudulent, or deceptive act for a provider to waive occasionally such a deductible or copayment required to be made under the patient's health insurance contract, policy, or plan if the waiver is authorized by the insurer or if the waiver is based on an evaluation of the individual patient and is not a regular business practice of the person providing the health care services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Dunn of the 73rd moved that the House agree to the Senate substitute to HB 1347
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford
Y Ashe
Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong
Y Blitch
Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush
Y Buck Y Buckner Y Byrd Y Campbell
Y Canty
Y Carrell Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
Y Coker Y Coleman
Colwell
Connell Y Culbreth Y Cummings.B
Y Cummings,M Y Davis.D Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S
Dobbs Y Dover
Y Dunn
Edwards Y Elliott Y Felton
Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
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JOURNAL OF THE HOUSE,
Y Godbee Y Golden Y Goodwin E Green Y Gteene Y Griffin Y Groover E Hamilton Y Hammond
Hanner Y Harris.B Y HarrisJ Y Heard
Y Henson
Herbert
Y Holland Y Holmes
Y Howard Y Hudson Y Irwin
Y Jackson
Y Jamieson
Y Jenkins
Y Jones
Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Y Lucas
Y Mann
Y Martin Y McBee
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
Y Patten
Y Pelote
Y Perry Pettit
Y Pinholster Y Pinkston Y Poag
Y Porter
Y Poston
Y Powell.A
Y Powell.C
On the motion, the ayes were 155, nays 0. The motion prevailed.
Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith.L
Smith.P
Y Smith.T Y Smith.W
Y Smyre Snow
Y Stancil.F
Y Stancil.S
Y Stanley
Y Streat
Y Taylor
Y Teper Y Thomas.C Y Thomas.M
Thomas,N Y Thurmond
Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L
Y Wall
Y Watson Y Watts
Y White Y Wilder Y Williams.B
Williams.J
Y Williams.R
Y Yeargin
Murphy.Spkr
Representative Pettit of the 19th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 2069. By Representatives Padgett of the 86th, Williams of the 90th and others:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 2069
The Committee of Conference on HB 2069 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 2069 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/a/ Frank A. Albert Senator, 23rd District
/a/ Donald E. Cheeks Representative, 89th District
/s/ G. B. Pollard, Jr. Senator, 24th District
1st Henry Howard Representative, 85th District
/s/ Charles W. Walker Senator, 22nd District
/s/ Mike Padgett Representative, 86th District
A BILL
To amend an Act creating the Board of Commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act
MONDAY, MARCH 30, 1992
4175
approved March 14, 1984 (Ga. L. 1984, p. 4245), so as to change the composition of the board; to provide for a chairperson and vice chairperson; to provide for board member qualifications, terms, and manner of election and filling vacancies; to provide for commis sioner districts; to provide for board organization, voting, meetings, compensation, and allowances; to provide for definitions and insertions; to provide for the completion of terms by members serving on the board on January 1, 1992, in designated districts; to provide for a statement of policy of the board of commissioners; to provide for powers and duties of the board of commissioners; to provide for equal opportunity for employment, promo tion, and appointment; to provide for an equal opportunity director and a director of minority business opportunities; to provide for staff and their duties; to provide for the submission of this Act to the United States Attorney General; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), is amended by striking Sections 1 and 2 and inserting in their place a new Section 1 to read as follows:
"Section 1. (a) Beginning January 1, 1993, the governing authority of Richmond County shall be a board of commissioners of said county, referred to in this section as the board, consisting of eight members.
(b) For the purpose of the board established in subsection (a) of this section, Rich mond County is divided into eight commissioner districts as follows:
Commissioner District: 1.
RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part) Tract: 0007. Block(s): 112, 113, 114, 115, 117, 118, 125, 126, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 419, 420, 421, 422 Tract: 0009. Block(s): 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 404, 405, 406, 407 Tract: 0015. Block(s): 101A, 103, 307, 308, 309 Tract: 0106. Block(s): 902A, 902B, 902C, 906A, 906B, 907, 915A, 915B, 917, 918, 919, 920A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part) Tract: 0001. Block(s): 209, 210, 211, 302, 303, 304, 305, 409, 410, 413 VTD: 0020 7A VTD: 0021 8 (Part) Tract: 0001. Block(s): 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B VTD: 0022 8A (Part)
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Tract: 0016. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 219A, 233
VTD: 0026 85-1
Commissioner District: 2
RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0009. Block(s): 402, 403, 408, 409, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 601, 605 VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 610, 612, 613 Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 419, 420, 422, 423, 430, 431, 432, 433, 434, 435, 440, 441, 444 VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0039 88-1 VTD: 0042 88-4 VTD: 0044 88-6
Commissioner District: 3
RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0010. Block(s): 406, 415, 416, 417, 418, 428, 429, 436, 437, 438, 439, 442 VTD: 0015 6 (Part) Tract: 0011. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 512, 513 VTD: 0017 6B VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 212, 213, 301, 411, 412 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103, 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315 VTD: 0021 8 (Part) Tract: 0001. Block(s): 414 Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320, 321 Tract: 0012. Block(s): 605, 606, 607, 608 VTD: 0022 8A (Part)
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4177
Tract: 0011. Block(s): 207, 208
Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B
Tract: 0016. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 207A, 208A, 209, 212, 213A, 215, 216, 217, 218, 226A, 227A
VTD: 0046 89-1 VTD: 0051 89-6 VTD: 0055 89-10 VTD: 0058 90-3 VTD: 0060 90-5 (Part)
Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 503B, 504, 513, 515, 516, 517, 901B, 901C
Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01 Block(s): 402, 404, 418, 419, 420, 421, 422, 430, 431
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
Commissioner District: 4
RICHMOND COUNTY VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 Tract: 0107.04 Block(s): 101, 103, 148, 149, 150, 151, 152, 153, 154 Tract: 0108. Block(s): 901F VTD: 0049 89-4 VTD: 0053 89-8
Commissioner District: 5
RICHMOND COUNTY VTD: 0006 3A VTD: 0007 3B VTD: 0015 6 (Part) Tract: 0012. Block(s): 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 501, 506, 507, 508, 509, 510, 511, 901A Tract: 0013. Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A VTD: 0016 6A VTD: 0018 6C VTD: 0021 8 (Part)
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Tract: 0012. Block(s): 402, 616
VTD: 0023 8B VTD: 0024 8C VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0043 88-5 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7
Commissioner District: 6
RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 401 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 244, 245, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0107.06 Block(s): 106, 107, 108, 109, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306 VTD: 0050 89-5 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6
Commissioner District: 7
RICHMOND COUNTY VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0059 90-4 VTD: 0060 90-5 (Part) Tract: 0102.01 Block(s): 401, 403, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 426
Commissioner District: 8
RICHMOND COUNTY
MONDAY, MARCH 30, 1992
4179
VTD: 0029 86-1 VTD: 0030 86-2 (Part)
Tract: 0105.10 Block(s): 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439
Tract: 0105.11 Block(s): 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 414
VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 239, 240, 241, 242, 243
VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0036 86-8 (Part)
Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973
Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202
Tract: 0109.02 Block(s): 102
VTD: 0048 89-3
For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Richmond County which is not included in any commissioner dis trict described in this section shall be included within that commissioner district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Richmond County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) No person shall be eligible to serve as a member of the board unless that person:
(1) Continues to reside within the commissioner district from which elected during that person's term of office; and
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(2) Is a registered and qualified elector of Richmond County. (d) Those members of the board of commissioners of Richmond County serving as such on January 1, 1992, under the previously existing provisions of this section shall serve out their respective terms of office but shall be deemed to be serving out those terms in designated commissioner districts as follows:
Mr. Herb Beckham Mr. Lee Neel, III Mr. J. Hobson Chavous Mr. Henry Brigham Mr. Larry E. Sconyers Mr. Willie Mays
Commissioner District 7 Commissioner District 3 Commissioner District 6 Commissioner District 5 Commissioner District 8 Commissioner District 1
(e) Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 1, 5, and 8 shall serve until December 31, 1992, and the election and qualification of their respective successors, which successors shall be elected for Commissioner Districts 1, 5, and 8 shall be in the 1992 November general election. The members first elected from Commissioner Districts 1, 5, and 8 shall serve, beginning January 1, 1993, for initial terms of four years each and until their respective successors are elected and qualified under subsection (h) of this section. Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 3, 6, and 7 shall serve until December 31, 1994, and until their respective successors are elected and qualified under subsection (f) of this section.
(f) At the 1994 November general election, successors to those members of the board from Commissioner Districts 3, 6, and 7, all of whose terms expire December 31, 1994, shall be elected to serve, beginning January 1, 1995, for terms of four years each and until their respective successors are elected and qualified under subsection (h) of this section.
(f.l) All members of the Board of Commissioners of Richmond County who were in office on February 1, 1992, shall serve for the remainder of their unexpired terms for which they were elected. Successors to such members shall be elected as provided in this section from the commissioner districts as reapportioned in 1992.
(g) The first member elected from Commissioner District 2 shall serve, beginning January 1, 1993, for an initial term of two years; and the first member elected from Commissioner District 4 shall serve, beginning January 1, 1993, for an initial term of four years; and both shall serve until their respective successors are elected and qualified under subsection (h) of this section.
(h) Successors to members of the board whose terms expire after December 31, 1994, shall be elected at the general election immediately preceding the expiration of their respective member's term of office, shall take office on the first day of January immedi ately following the election for terms of four years and until the election and qualifica tion of their respective successors.
(i) Each member of the board elected to the board in the 1992 November general election or any election thereafter shall be elected by a majority of the voters voting within the commissioner district of that member. All members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(j) Any vacancy in the board which occurs within one year prior to the expiration of a term of office shall be filled for the unexpired term and until a successor is elected and qualified by a member appointed by a majority vote of the remaining members of the board. Any vacancy in the board which occurs more than one year prior to the expi ration of a term of office shall be filled for the unexpired term and until a successor is elected and qualified by a special election called by the Board of Elections of Rich mond County for that purpose within 45 days after that vacancy occurs. No person shall be appointed or elected to fill a vacancy unless that person resides in the commissioner district corresponding to that of the member whose unexpired term is being filled; pro vided, however, that in the event of a special election prior to January 1, 1993, to fill
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4181
a vacancy on the board, a candidate may reside either in the commissioner district cre ated by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245) corresponding to that of the member whose unexpired term is being filled or in the commissioner district cre ated by this Act, as set forth in subsection (b) of this section, corresponding to that of the member whose unexpired term is being filled.
(k) At the first regular meeting of the board in 1993 and at such first regular meet ing annually thereafter, the members of the board shall elect from their number a chair person and vice chairperson to serve terms of one year, respectively. The chairperson shall possess and exercise the following executive and administrative powers and duties:
(1) To preside at all meetings of the board and vote on all matters before the board;
(2) To serve as the official head of Richmond County for the service of process and for ceremonial purposes;
(3) To administer oaths and to take affidavits; (4) To sign all written contracts entered into by the board on behalf of Richmond County and all other contracts and instruments executed by the county which by law are required to be in writing; (5) To ensure that all laws, ordinances, and resolutions of Richmond County are faithfully executed; and (6) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the board. (1) The chairperson of the board shall receive an annual salary of $10,600.00, payable in equal monthly installments, and a monthly expense allowance of $200.00 for actual and necessary expenses incurred in carrying out the chairperson's official duties. The vice chairperson shall receive an annual salary of $8,200.00, payable in equal monthly installments, and a monthly expense allowance of $150.00 for actual and necessary expenses incurred in carrying out the vice chairperson's official duties. Members of the board, other than the chairperson and vice chairperson, shall each receive an annual sal ary of $8,200.00, payable in equal monthly installments, and a monthly expense allow ance of $100.00 for actual and necessary expenses incurred in carrying out their respective official duties. The salary and expense allowances of the chairperson, vice chairperson, and other members of the board shall be paid from county funds."
Section 2. Said Act is further amended by adding a new Section 1.1 to read as fol lows:
"Section 1.1. (a) It shall be the policy of the board of commissioners that all citi zens shall have equal opportunity for employment, promotion, and appointment by the board of commissioners. It shall further be the express policy of the board of commis sioners that all persons shall have equal opportunity for conducting business with the board of commissioners to the greatest extent possible.
(b) In furtherance of the policies stated in subsection (a) of this section, the board of commissioners shall employ a person to serve as equal employment opportunity direc tor and a person to serve as director of minority business opportunities. These positions shall have such staff and duties as the board of commissioners may from time to time determine, and the duties of such persons shall include the following:
(1) To advise the board of commissioners and its officers of the need for minority appointments to boards, commissions, and authorities and the availability of qualified minority citizens to serve;
(2) To advise the board of commissioners and its officers on ways and means to promote and increase business relations between the board of commissioners and minority owned firms and businesses; and
(3) To advise the board of commissioners on ways and means to promote minority business opportunities within the jurisdiction of the board of commissioners and to implement such programs as the board of commissioners may adopt to promote minority business opportunities."
Section 3. (a) It shall be the duty of the attorney of the Board of Commissioners of Richmond County to submit this Act to the United States Attorney General for review
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under the federal Voting Rights Act of 1965, as amended; and it shall be the duty of the Board of Commissioners of Richmond County to direct and ensure that such submission is made by the board's attorney or some other attorney if the board's attorney fails to act. It shall be the duty of the board of commissioners and the board's attorney to ensure that such submission has been completed not later than 30 days after the Governor approves this Act or it becomes law without such approval and to ensure that such submission con tains all materials necessary or appropriate to a prompt and favorable ruling on this Act by the Attorney General.
(b) If, as of the first date upon which candidates may begin qualifying for nomina tion as candidates for members on the Board of Commissioners of Richmond County in the general primary in 1992, implementation of this Act is not permissible under the fed eral Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Padgett of the 86th moved that the House adopt the report of the Committee of Conference on HB 2069.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 1912.
By Representatives Valenti of the 52nd, Oliver of the 53rd, Martin of the 26th, Turnquest of the 56th, Thomas of the 31st 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 the regulation of labor pools.
The following Senate substitute was read:
A BILL
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the regulation of labor pools; to provide for defini tions; to prohibit the performance of certain acts or practices by labor pools; to provide for the promulgation of rules and regulations relative to consent forms to be used by labor pools; to provide criminal penalties for violations; to authorize civil actions for damages; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding immediately following Chapter 9, relating to workers' compensation, a new Chapter 10 to read as follows:
"CHAPTER 10
34-10-1. As used in this chapter, the term: (1) 'Hazardous chemical' means any chemical, which is a physical hazard or a
health hazard, as those terms are defined in Code Section 45-22-2. (2) 'Labor pool' means a business entity which operates by: (A) Contracting with other entities or persons to supply them with temporary employees for short-term assignments of casual labor;
MONDAY, MARCH 30, 1992
4183
(B) Hiring persons to fulfill these contracts for short-term assignments of casual labor; and
(C) Employing each individual employee no longer than the time period required to complete the assignment for which that individual employee was hired, although an individual may be eligible for rehire when additional temporary assignments are available. A business entity which fulfills any contracts in accordance with this paragraph is a labor pool, even if the entity also conducts other business. (3) 'Labor pool' does not include a temporary help service that requires advanced applications, job interviews and references. (4) 'Short-term assignment of casual labor' means a work assignment for a term of 40 hours or less involving work for which neither entity nor person contracting or arranging for temporary employees requires any of the following from such employees:
(A) A professional or occupational license which requires for its issuance a dem onstration of knowledge or proficiency and which is issued by the State of Georgia or a political subdivision of the state;
(B) A high school diploma or its equivalent; (C) Education beyond high school; (D) Vocational education; (E) Demonstrated proficiency with a specified type of machinery; or (F) Training before the assignment or on the job which exceeds one hour. This paragraph shall not be construed as prohibiting or limiting the placement of a skilled employee on a short-term assignment of casual labor as long as such skill or education is not a requirement of the assignment. 34-10-2. A labor pool shall be prohibited from engaging in any of the following acts or practices: (1) Charging a temporary employee a rental fee or any other type of fee for sup plying any type of equipment to be used by the temporary employee in performing a work assignment; (2) Charging a temporary employee a transportation fee for the transporting of such employee from the business premises of the labor pool or other point of embarkation to or from a work assignment; or (3) Failing to inform a person who is to be placed on a work assignment involving exposure to hazardous chemicals that such assignment involves the exposure of such person to hazardous chemicals and failing to obtain such person's consent on the form described in Code Section 34-10-3. 34-10-3. The Department of Labor shall promulgate by rule or regulation the lan guage and format of a consent form to be provided and used by a labor pool to inform persons that a work assignment involves the exposure to hazardous chemicals and to obtain such person's consent as required in paragraph (3) of Code Section 34-10-2. 34-10-4. (a) Any person convicted of a violation of paragraph (1) or (2) of Code Section 34-10-2 shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3, relating to punishment for misdemeanor offenses. (b) Any person convicted of a violation of paragraph (3) of Code Section 34-10-2 shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by imprisonment for a term not to exceed 12 months or a fine of not less than $1,000.00 or more than $5,000.00, or both. 34-10-5. Any person damaged by a violation of Code Section 34-10-2 shall have the right to bring a civil action in a court of competent jurisdiction against the person or persons responsible for such violation. In any action commenced pursuant to this Code section, the plaintiff shall be entitled to recover actual damages, reasonable attorneys' fees, costs of litigation, and punitive damages where appropriate."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Valenti of the 52nd moved that the House agree to the Senate substi tute to HB 1912.
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On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield
Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks
Brown Y Brush
YBuck Buckner
YByrd Y Campbell Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis,D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner Y Harris,B Y Harris,J
Y Heard
Y Henson Y Herbert Y Holland
Y Holmes Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson
Jenkins
Y Jones Y Kilgore YKing
Y Kingston Y Klein
Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas YMann N Martin
McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Meadows Y Merritt Milam
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
Porter
Y Poston Y Powell,A Y Powell.C Y Presley 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 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
Walker,L Y Wall Y Watson Y Watts Y White Y Wilder
Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr
On the motion, the ayes were 144, nays 1. The motion prevailed.
Representative Martin of the 26th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Sen ate amendments thereto:
HB 1290.
By Representatives Branch of the 137th, Kilgore of the 42nd, Harris of the 96th, Teper of the 46th and Lane of the lllth:
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 the licens ing and regulation of roofing contractors.
The following Senate amendments were read:
SENATE AMENDMENT #1 Amend HB 1290 by striking from line 17 of page 2 the following: "an existing", and inserting in lieu thereof the following:
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4185
SENATE AMENDMENT #2 Amend HB 1290 by adding in the title on line 6 of page 1 between the first semicolon and the word "to" the following: "to provide an exception;". By deleting the quotation marks at the end of line 33 on page 14. By adding below line 33 on page 14 the following: "(k) Notwithstanding any other provisions of this Code section, a person who engages in roofing contracting in which the contract price of the work on any roofing project does not exceed $500.00 shall not be required to comply with the licensing requirements of this Code section and chapter.'"
SENATE AMENDMENT #3 Amend HB 1290 by adding on line 19 of page 2 between the word "new" and the word "residential" the following: "single-family or multifatnily".
SENATE AMENDMENT #4 Amend HB 1290 by adding at the end of line 20 of page 17 the following: "This chapter shall not apply to any roofing or roofing contracting which is performed 'not for profit.'"
Representative Kilgore of the 42nd moved that the House agree to the Senate amend ments to HB 1290.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams N Aiken Y Alford N Ashe N Atkins Y Baker
Balkcom N 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
Buckner YByrd Y Campbell Y Canty Y Carrell
Y Carter N Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers
N Clark.E Clark.L
Y Coker
Y Coleman N Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden N Goodwin E Green Y Greene Y Griffin Y Groover E Hamilton N Hammond
Manner Y Harris.B
Y Harris.J N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins N Jones Y Kilgore YKing N Kingston N Klein NLadd Y Lane.D
Y Lane.R
Langford N Lawrence Y Lawson YLee
Long YLord N Lucas YMann
Y Martin Y McBee Y McCoy
Y McKelvey McKinney.B
Y McKinney.C Meadows
Y Merritt Milam Mills
Y Mobley Y Moody N Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Padgett Y Parham
Y Parrish Patten
Y Pelote Y Perry Y Pettit N Pinholster
Pinkston YPoag
Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall NRay
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
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JOURNAL OF THE HOUSE,
Snow Y Stancil.F N Stancil.S
Stanley Y Streat
Y Taylor
Y Teper Y Thomas,C Y Thomas.M
Y Thomas.N Y Thurmond
Titus
N Tolbert Townsend
Y Turnquest
N Twiggs Y Valenti
N Vaughan
On the motion, the ayes were 118, nays 26. The motion prevailed.
Y Walker,J Walker.L
Y Wall
Y Watson Y Watts
White
N Wilder N Williams.B
Williams.J
Y Williams.R Y Yeargin
Murphy.Spkr
Representative Buckner of the 72nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
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.
Representative Abernathy of the 39th moved that the House insist on its position in disagreeing to the Senate amendment to HB 277 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 Abernathy of the 39th, Groover of the 99th and Bostick of the 138th.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 2015.
By Representatives Wilder of the 21st, Sherrill of the 47th, Ashe of the 25th, Klein of the 21st, Vaughan of the 20th and others:
A bill to amend Code Section 3-3-24.1 of the Official Code of Georgia Anno tated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alcoholic beverages, so as to change the population figures describing counties prohibiting the entry of minors onto the premises of certain businesses engaged in the retail sale of alcoholic beverages unless accompanied by the minor's parent or guardian.
The following Senate substitute was read:
A BILL
To amend Code Section 3-3-24.1 of the Official Code of Georgia Annotated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alco holic beverages, so as to change references to "minors" to "persons under the age of 18
MONDAY, MARCH 30, 1992
4187
years"; to change the population figures describing counties prohibiting the entry of per sons under the age of 18 years onto the premises of certain businesses engaged in the retail sale of alcoholic beverages unless accompanied by the person's parent or guardian; to pro vide that it shall be unlawful for certain persons employed in premises licensed to dispense alcoholic beverages to consume alcoholic beverages; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-3-24.1 of the Official Code of Georgia Annotated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alco holic beverages, is amended by striking subsection (b) in its entirety and inserting a new subsection to read as follows:
"(b) In all counties of this state having a population of not less than 360,000 400,000 and not more than 660,000, 600,000 according to the United States decennial census of 1070 1990 or any future such census, no mmer person under the age of 18 years shall enter the premises of any business establishment primarily engaged in the retail sale of alcoholic beverages in unbroken packages unless such miner person is accompanied by the minor's his or her parent, guardian, or custodian; ROT shaft ay business establishincut priniflriiy cn^flgcci IR inc rctftii 9ftic of 9.1conolic DovcrftGS IR unDrotten pflCKQgcs
th minor's parent, guardian, of custodian. It shall be unlawful for any person employed or working in any capacity in any premises licensed to dispense alcoholic beverages who is employed on an hourly basis or whose compensation is comprised in whole or in part of gratuities given by patrons of such licensed premises to consume any alcoholic bever age on such licensed premises during such person's hours of employment."
Section 2. 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 Senate substitute to HB 2015 as follows:
By striking "It shall" on line 7 page 2 through line 14 page 2.
Representative Wilder of the 21st moved that the House agree to the Senate substi tute, as amended by the House, to HB 2015
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Clark.L
Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
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 FloydJ.W Y Flynt Y Godbee
Y Golden
Y Goodwin E Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore
Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson Y Lee
Long Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B Y McKinney.C Y Meadows Y Merritt
Y Milam
Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C
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JOURNAL OF THE HOUSE,
Y Oliver.M Y Or Y 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 Presley Y Purcell Y Randall
Ray Reaves Redding Y Ricketson
Y Royal Y Selman
Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley
On the motion, the ayes were 152, nays 0. The motion prevailed.
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
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R
Y Yeargin Murphy.Spkr
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House amendment to the Senate sub stitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the House:
HB 2069. By Representatives Padgett of the 86th, Williams of the 90th and others:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.
The President has appointed on the part of the Senate the following:
Senators Walker of the 22nd, Albert of the 23rd and Pollard of the 24th.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1548.
By Representative Balkcom of the 140th:
A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to prohibit the hunting of wild life and feral hogs on public roads.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 1004.
By Representative Dunn of the 73rd:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to provide for user fees for the establishment and maintenance of public information services and materials.
The following Senate substitute was read:
A BILL
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers3 and employees, so as to prohibit the appointment or employment of certain persons
MONDAY, MARCH 30, 1992
4189
who are related by blood or marriage to the employer; to provide for a definition; to pro vide for applicability; to provide for a penalty; to authorize a state department or agency to adopt more restrictive rules or regulations; to authorize the Secretary of State to pre scribe by rule or regulation user fees for public information services, materials, and copies; 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 45 of the Official Code of Georgia Annotated, relating to public offi cers and employees, is amended by adding at the end of Chapter 11, relating to miscella neous offenses, a new Code section, to be designated Code Section 45-11-11, to read as follows:
"45-11-11. (a) As used in this Code section, the term: (1) 'Public office' means any branch, department, board, bureau, commission,
authority, or other agency of the state. (2) 'Public officer' means any person elected, appointed, or selected in any manner
whatsoever to any public office of the state. (3) 'Related by blood or marriage' means related in one or more of the following
degrees: (A) Mother or mother-in-law; (B) Father or father-in-law; (C) Sister or sister-in-law; (D) Brother or brother-in-law; (E) Grandmother or grandmother by marriage; (F) Grandfather or grandfather by marriage; (G) Son or son-in-law; (H) Daughter or daughter-in-law; (I) Granddaughter; (J) Grandson; or (K) Spouse;
provided, however, that the granting of a divorce shall terminate all relationship by mar riage for applicability purposes of this Code section.
(b) It shall be unlawful for any public officer to appoint or employ, as an officer, clerk, stenographer, deputy, or assistant who is to be paid out of the public funds, any person related by blood or marriage to the person having the authority to make such appointment or contract such employment as employer. This subsection shall only apply to persons appointed or employed on or after July 1, 1992.
(c) This Code section shall not apply to: (1) Any employee who shall have been in such department or institution prior to
the time his or her relation by blood or marriage became the head of such department or institution; or
(2) Any child serving as a page of the General Assembly during the school year, either at regular or special sessions. (d) Any public officer who knowingly fails to comply with or who knowingly violates this Code section shall be guilty of a misdemeanor on the first offense and upon the sec ond or subsequent offense shall be guilty of a felony and shall be punished by imprison ment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both. (e) A public office shall not be prohibited from adopting and enforcing a rule or reg ulation that is more restrictive than the prohibition contained in this Code section."
Section 2. Said title is further amended by inserting at the end of Article 2 of Chap ter 13, relating to the powers and duties of the Secretary of State, a new Code section, to be designated Code Section 45-13-28 to read as follows:
"45-13-28. The Secretary of State shall be authorized to prescribe by rule or regula tion user fees to be charged and collected for public information services and materials, including, but not limited to, the state directory and the mail reference service; and for electrostatic copies, photostatic copies, microfilm, microfiche, and photographs of infor mation, documents, or records which the Secretary of State is statutorily required to
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JOURNAL OF THE HOUSE,
accept, maintain, or compile. Such rules and regulations shall be promulgated in accord ance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The fees shall be in such amounts which are reasonably estimated to cover the cost of the ser vices, materials, or copies provided."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Dunn of the 73rd moved that the House disagree to the Senate substi tute to HB 1004.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 1188. By Representatives Poston of the 2nd and Purcell of the 129th: A resolution commending Kim Patty.
HR 1189. By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and King of the 72nd:
A resolution commending Leadership Clayton and Clayton Leadership Now.
HR 1190.
By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and King of the 72nd:
A resolution commending Clayton Leadership Now and participants from Forest Park High School.
HR 1191. By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and King of the 72nd:
A resolution commending Clayton Leadership Now and the participants from Morrow High School.
HR 1192.
By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and King of the 72nd:
A resolution commending Clayton Leadership Now and participants from Mount Zion High School.
HR 1193.
By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and King of the 72nd:
A resolution commending Clayton Leadership Now and the participants from Lovejoy High School.
HR 1194. By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and King of the 72nd:
A resolution honoring Mr. Joe B. Mundy on the occasion of his retirement.
HR 1195. By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and King of the 72nd:
A resolution honoring Lucille S. Mills on the occasion of her retirement.
MONDAY, MARCH 30, 1992
4191
HR 1196. By Representative Holland of the 136th:
A resolution commending Carter Phillips "Phil" Burrell, Jr., on attaining the rank of Eagle Scout.
HR 1197. By Representative Holland of the 136th:
A resolution commending Mr. Samuel G. Brown and expressing appreciation for his community service.
HR 1198. By Representative Holland of the 136th:
A resolution commending the First Baptist Church of Sylvester on the event of its centennial.
HR 1199. By Representative Holland of the 136th: A resolution expressing regret at the passing of Dr. Claude Ivie, Jr.
HR 1200. By Representative Holland of the 136th: A resolution expressing regret at the passing of Mr. Talmadge Elliott.
HR 1201. By Representatives Holland of the 136th and Hanner of the 131st: A resolution honoring Mrs. Martha Phillips on the event of her retirement.
HR 1202.
By Representatives Dixon of the 128th, Bordeaux of the 122nd, Pelote of the 127th, Merritt of the 123rd, Mueller of the 126th and others:
A resolution recognizing Savannah Foods and Industries, Inc.
HR 1203.
By Representatives Dixon of the 128th, Bordeaux of the 122nd, Pelote of the 127th, Merritt of the 123rd, Mueller of the 126th and others:
A resolution commending Key Airlines.
HR 1204. By Representatives Dover of the llth, Clark of the 13th, Byrd of the 153rd, Dobbs of the 74th, Titus of the 143rd and others:
A resolution recommending that the President of the United States proclaim 1992 as the Year of the American Indian.
HR 1205. By Representatives Lawrence of the 49th, Murphy of the 18th, Felton of the 22nd, Walker of the 115th, Stancil of the 8th and others:
A resolution commending Representative Paul W. Heard.
HR 1206.
By Representatives Ashe of the 25th, Heard of the 43rd, Murphy of the 18th, Stancil of the 8th, Pinholster of the 8th and others:
A resolution recognizing Honorable Kiliaen V. R. Townsend.
HR 1207. By Representative White of the 132nd: A resolution commending Christopher James Robinson.
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JOURNAL OF THE HOUSE,
HR 1208. By Representatives Powell of the 13th and Clark of the 13th: A resolution commending Hart County High School.
HR 1209. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution commending the Fannin County 9 and 10 year old Girls Basket ball Team.
HR 1210.
By Representatives Hamilton of the 124th, Snow of the 1st, Mobley of the 64th, Oliver of the 121st, Padgett of the 86th and others:
A resolution designating Honorable Van Streat as the official "State Ostrich".
HR 1211. By Representative Oliver of the 53rd: A resolution commending Mattie Trimble.
HR 1212. By Representative Mobley of the 64th: A resolution congratulating the City of Statham on its centennial.
HR 1213. By Representative Mobley of the 64th: A resolution congratulating the City of Auburn on its centennial.
HR 1214. By Representatives Greene of the 130th, Davis of the 29th, Sinkfield of the 37th, Stanley of the 33rd, Royal of the 144th and others:
A resolution commending Mr. 0. Lee Thompson, III.
HR 1215. By Representative Selman of the 32nd: A resolution commending Frankie and Lawrence Arnold.
HR 1216. By Representative White of the 132nd: A resolution commending Brian Marshall Jones.
HR 1217. By Representative White of the 132nd: A resolution commending Dexter Alien Mingo.
HR 1218. By Representatives White of the 132nd, Cummings of the 134th, Chambless of the 133rd, Balkcom of the 140th, Kilgore of the 42nd and others:
A resolution honoring Mr. Nathaniel Cross on the occasion of his retirement.
HR 1219. By Representatives White of the 132nd, Cummings of the 134th, Royal of the 144th, Balkcom of the 140th, Chambless of the 133rd and others:
A resolution commending the Southwest Georgia Council -- Boy Scouts of America, the 1991 Class of Eagle Scouts, and the 1992 Silver Beaver Award recipients.
HR 1220. By Representative Poston of the 2nd: A resolution commending Jim Tanner.
MONDAY, MARCH 30, 1992
4193
HR 1221. By Representative Poston of the 2nd: A resolution commending Todd Smith.
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 848 Do Pass SB 867 Do Pass
Respectfully submitted, 1st Lane of the 27th
Chairman
By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:
SB 848. By Senator Walker of the 22nd:
A bill to amend an Act regulating public instruction for the County of Rich mond, as amended, so as to reapportion the districts for election of members of the board of education; to provide for elections pursuant to such reapportionment of districts; to provide for definitions; to provide for terms of office.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Cheeks of the 89th would like to be recorded as voting "nay" on SB 848.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:
SB 523. By Senators Gillis of the 20th, Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 12-4-75 of the Official Code of Georgia Anno tated, relating to permits for surface mining operations and related matters, so as to require applicants for permits involving certain activities to comply with local zoning and land use ordinances.
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
4194
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Industry 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 383 Do Pass
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 246 Do Pass SB 334 Do Pass SB 486 Do Pass
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 286 Do Pass, by Substitute
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 disagreed to the House amendment to the following Bill of the Senate:
SB 644. By Senators Johnson of the 47th, Pollard of the 24th and Steinberg of the 42nd:
A bill to amend Code Section 15-11-28 of the Official Code of Georgia Anno tated, relating to conduct of juvenile hearings generally, so as to provide that a victim of certain offenses committed by a child may submit a victim impact statement to the juvenile court; to provide for the contents of such victim impact statement; to provide for the use of such victim impact state ment; to provide the child an opportunity to rebut the statement.
MONDAY, MARCH 30, 1992
4195
The Senate insists on its substitute to the following Bill of the House:
HB 1812.
By Representatives Groover of the 99th, Kilgore of the 42nd, Walker of the 115th, Irwin of the 57th, Sinkfield of the 37th and others:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for personnel of local school systems.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1847.
By Representatives Dobbs of the 74th, Colwell of the 4th, Breedlove of the 60th and Smith of the 78th:
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; to define an additional term; to provide that the provisions of said chapter shall apply to certain multifamily dwellings constructed for first occupancy after March 31, 1993.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 777. By Senator Foster of the 50th:
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 change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Professional Standards Commission; to change certain provisions relating to service on the Profes sional Standards Commission.
The President has appointed on the part of the Senate the following:
Senators Newbill of the 56th, Marable of the 52nd and Dawkins of the 45th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 784. By Senators Foster of the 50th, Deal of the 49th, Hasty of the 51st and oth ers:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the dates of the initial enrollment count for purposes of determination of enroll ment by institution; to change the method of calculating the amount of cer tain funding.
The President has appointed on the part of the Senate the following:
Senators Newbill of the 56th, Marable of the 52nd and Dawkins of the 45th.
4196
JOURNAL OF THE HOUSE,
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1609.
By Representatives Dunn of the 73rd, Smith of the 78th, Herbert of the 76th, Lee of the 72nd and Benefield of the 72nd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Human Resources to adopt state-wide minimum standards for on-site, individual sewage management systems.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:
HB 1474.
By Representatives McKelvey of the 15th, Smith of the 16th, Merritt of the 123rd, Porter of the 119th, Watts of the 41st and others:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving theft, so as to cre ate the criminal offense of fraudulent receipt of rental property.
HB 1212.
By Representatives Alford of the 57th, Baker of the 51st, Oliver of the 53rd, Redding of the 50th, Valenti of the 52nd and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to the county and municipal hotel-motel tax, so as to provide that said tax shall apply to rooms, lodgings, or accommodations furnished to the public by the Stone Mountain Memorial Association, the Jekyll Island-- State Park Authority, and the Lake Lanier Islands Development Authority and to persons, firms, or corporations furnishing such rooms.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:
HB 1238.
By Representatives Skipper of the 116th, Walker of the 113th and Holland of the 136th:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals in the probate courts, so as to provide for default judgments in probate courts.
HB 1311.
By Representative Murphy of the 18th:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Anno tated, relating to compensation and allowances of officers and members of the General Assembly, so as to provide for limitations with respect to reim bursement of transportation costs for air travel.
The Senate insists on its amendment to the following Resolution of the House:
HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles.
MONDAY, MARCH 30, 1992
4197
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1372. By Representatives Holmes of the 28th and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise certain duties of the State Election Board.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1451. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to change a population feature.
The following communication 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 those persons who have registered in the Docket of Legislative Appearances as of March 27, 1992, in accordance with Georgia Law 1970, page 695; as the same appears 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 27th day of March, in the year of our Lord One Thousand Nine Hundred and Ninety-Two and of the Independence of the United States of America the Two Hundred and Sixteenth.
(SEAL)
/a/ Max Cleland Secretary of State
John Lancaster (1601) 3651 Cherokee Road, N.W. Acworth, GA 30101 National Solid Waste
Management Association Ga. Recycling
Association Incorporated Envirotech Waste ans
Recycling Incorporated Independent Hauler
Association, Inc.
G. Glenn Miller (1600) 2275 Hwy 85 South Fayetteville, GA 30214 Roosevelt Warm Springs
Institute of Rehabilitation
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 announced the House adjourned until 10:00 o'clock, tomorrow morning.
4198
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, March 31, 1992
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 Ashe Atkins Barfoot Bargeron Bates Beatty Benefield Birdsong Bostick Branch Breedlove Brooks Brown
Buck
Buckner Campbell
anty
^a"e"
P?rt,er rh.mhi Cheeks
Childers
Clark.E
Clark.L
Coker Colwell Connell Culbreth Cummings.B Davis.G Dixon.S Dover Edwards Elliott Felton Fennel Floyd,J.M Floyd.J.W
Flynt
Godbee Greene
Griffin
Hammond
Harris.B Heard Herbert
Holland
Hudson
Irwin
Jackson Jenkins Jones Kilgore King Kingston Klein Ladd Lane.D Lane.R Lawrence Lawson Lee Lord
Mann
McBee McCoy
McKelvey
McKinney.B
McKinney.C Merritt Milam
Mobley
Moody
Morsberger
Moultrie Mueller Oliver.C Oliver.M Orr Orrock Padgett Parham Parrish Pelote Pettit Pinholster Poag Poston
Powell.C
Presley Purcell
Ray
Reaves
RickeUson Ryal Sherrill
Sinkfield
Skipper
Smith,L
Smith.P Smith.T Smith.W Snow Stancil,F Stancil,S Streat Teper Titus Tolbert Townaend Turnquest Twiggs Valenti
Vaughan
Walker,J Wall
Watson
Watts
Wilder Williams,B Williams,J
Williams,R
Yeargin
Murphy,Spkr
The following members were off the floor of the House when the roll was called:
Representatives Thomas of the 31st, Thurmond of the 67th, Coleman of the 118th, Walker of the 115th, Goodwin of the 63rd, Powell of the 13th, Mills of the 20th, Lucas of the 102nd, Long of the 142nd, Thomas of the 55th, Patten of the 149th, Cummings of the 134th, Brush of the 83rd, Aiken of the 21st, Meadows of the 91st, Taylor of the 94th, Hanner of the 131st, Perry of the 5th, Selman of the 32nd, Thomas of the 69th, Dixon of the 151st, Stanley of the 33rd, Blitch of the 150th, Henson of the 57th, Davis of the 45th, Davis of the 77th, Harris of the 96th, Dunn of the 73rd, Porter of the 119th and Jamieson of the llth.
They wish to be recorded as present.
Prayer was offered by the Reverend James R. Cook, Pastor, Morningside Baptist Church, Columbus, 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.
TUESDAY, MARCH 31, 1992
4199
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 Seriate 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 2183. By Representatives McKinney of the 40th, Brooks of the 34th, McKinney of the 35th and Orrock of the 30th:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Anno tated, relating to commissions and other agencies, so as to create the Georgia Commission on Economic Conversion.
Referred to the Committee on Industry.
HB 2184. By Representative Teper of the 46th:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Man agement Act," so as to define certain terms; to prohibit the disposal in any landfill in this state of newsprint; to impose a fee on newspapers printed on certain newsprint.
Referred to the Committee on Natural Resources & Environment.
HB 2185. By Representative Smith of the 152nd:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to tele phone service, so as to provide that telephone companies' customers may notify such telephone companies to block access to any calls for the purpose of advertisement or solicitation.
Referred to the Committee on Industry.
HR 1186. By Representative White of the 132nd:
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 requiring the county governing author ity to provide that one-third of all proceeds from any special sales and use tax imposed by such governing authority pursuant to general law shall be allocated to local school systems for educational purposes.
Referred to the Committee on Ways & Means.
HR 1248. By Representatives Hammond of the 20th, Sherrill of the 47th, Irwin of the 57th, Poston of the 2nd, Cauthorn of the 20th and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall adopt a five-year budget Act for the State Board of Education and the Department of Education which shall be updated annually to ensure a continuum of funding for education services and programs.
Referred to the Committee on Education.
By unanimous consent, the following Bill and Resolution of the House and Senate were read the second time:
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JOURNAL OF THE HOUSE,
HR 1187 SB 868
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 818 Do Pass SB 819 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, MARCH 31, 1992
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enu merated below:
HR 827 NE Georgia Public Health Region Overview Commission; create HR 1040 DHR services; purchasing and providing; urge policy review HR 1090 Gun safety training for children; urge educating adults
SB 47 Judges/Probate Ct Ret Fund; cost-of-living benefits SB 81 Driver's license; vision requirements; bioptic telescope SB 150 Firearm sales; instant background check, regulations SB 255 Simple battery against police officer; punishment SB 334 Griffin Judicial Circuit; add judge SB 486 State court judge; residency requirement SB 490 Cemeteries; minimum size requirements SB 519 Agricultural products; definition; delete dairy products SB 520 Agriculture, farm products, crops, etc.; definition SB 587 Comprehensive educational and family support system; provide SB 588 Community Education and Development Act; enact SB 592 Drug-free recreation/residential zones; provisions SB 598 Contact lenses; license to sell; repeal provision SB 599 Georgia Practical Nurses Practice Act; enact SB 602 Rabies control; compliance; certain national association SB 614 Comm on Equal Opportunity; change name from Fair Emp Practices SB 617 Ad valorem tax; commissioner; amend provisions SB 646 Reckless driving offense; failure to stop for school bus SB 679 Georgia Ports Authority; membership SB 699 Motor carriers; unpaid fees, etc.; withhold registration SB 703 State Commission on Family Violence; create SB 721 Local boards of education; additional powers SB 735 Street Gang Terrorism and Prevention Act; enact SB 770 Emp flex benefits; group property and casualty insurance;
deductions SB 773 World Congress Center; alcoholic beverage sales(Reconsidered) SB 787 Assistant district attorneys; define LL.M.degree SB 831 State employees; family leave; provisions SB 834 Trafficking in methamphetamine; penalty provisions
SR 13 Revenue bills; originate in either House - CA SR 383 "Georgia Quality Month"; designate October, 1992 SR 481 Roosevelt Circle Revitalization Program; commend SR 485 Joseph E. Brown Parkway; designate
TUESDAY, MARCH 31, 1992
4201
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 consideration and read the third time:
SB 818. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend an Act regulating public instruction for the County of Rich mond, as amended, so as to change the provisions relating to the organiza tional meetings of the board of education and the organization and proce dures of the board of education.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 819. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act regulating public instruction in the County of Rich mond, as amended, so as to change the provisions relating to letting contracts and opening bids.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 867. By Senator Kidd of the 25th: A bill to amend an Act providing for the election of members of the board of education of Baldwin County, as amended, so as to change the composition of education districts from which members of the board of education are 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 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1109.
By Representative Watson of the 114th:
A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to change the definition of the term "state minimum standard codes".
4202
JOURNAL OF THE HOUSE,
The Senate has adopted the report of the Committee of Conference on the following Bills of the Senate and House:
SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th 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 conditions of employ ment under the "Quality Basic Education Act," so as to provide for a payfor-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Edu cation; to provide for proposals by local schools.
HB 113. By Representative Lane of the 27th:
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 require a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county.
HB 1288.
By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th and Jamieson of the llth:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White.
HB 1607.
By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of proba tion or suspension of sentence, to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations of pro bation, so as to provide that defendants shall not in the same or related sen tences be sentenced to both prison and probation.
HB 1931.
By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth:
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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted.
The Senate has agreed to the House amendment to the Senate substitute to the fol lowing Bills of the House:
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.
TUESDAY, MARCH 31, 1992
4203
HB 1039. By Representatives Dixon of the 128th, Kilgore of the 42nd and Watson of the 114th:
A bill to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to require the licensure of dealers of new and used manufactured homes and mobile homes.
The Senate has agreed to the House amendment to the Senate amendment to the fol lowing Bill of the House:
HB 1225. By Representatives Reaves of the 147th, Godbee of the 110th, Branch of the 137th, Moody of the 153rd and Greene of the 130th:
A bill to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to fees for licenses.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 672. By Senators Gillis of the 20th, Huggins of the 53rd, Marable of the 52nd and others:
A bill to amend Code Section 27-4-52 of the Official Code of Georgia Anno tated, relating to trout waters without seasons, so as to add certain streams; to delete one stream.
The Senate has agreed to the House substitute to the following Bills of the Senate:
SB 108. By Senator Timmons of the llth:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year.
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.
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.
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JOURNAL OF THE HOUSE,
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 415. By Senators Johnson of the 47th, Deal of the 49th, Baldwin of the 29th and others:
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.
SB 463. By Senator Kidd of the 25th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia State Speech-Language Pathology and Audiology Licensing Act," so as to change the definition of the term "speech-language pathology aide" or "audiology aide"; to change the provi sions relating to the general powers of the State Board of Examiners for Speech-Language Pathology and Audiology.
SB 496. 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 cases.
SB 546. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and others:
A bill to amend Code Section 47-10-40 of the Official Code of Georgia Anno tated, relating to membership in the Trial Judges and Solicitors Retirement Fund, so as to provide that the governing authority of a county may supple ment the benefit of a superior court judge who is receiving benefits under such fund.
SB 563. By Senators Newbill of the 56th and Clay of the 37th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms and weapons, so as to change certain crimes relating to carrying to or while at school buildings or grounds or school functions certain weapons or explo sive compounds and provide penalties therefor; to define a certain term; to provide exceptions.
SB 637. By Senators Johnson of the 47th, Pollard of the 24th, Edge of the 28th and others:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use, so as to provide that the division shall report to certain officers on the condition of certain lakes and rivers.
TUESDAY, MARCH 31, 1992
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SB 728. By Senator Henson of the 55th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sun day at festivals held in municipalities in which the sale of alcoholic beverages is lawful; to define the term "festival"; to require compliance with certain other state and local requirements.
SB 747. By Senator Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters; to provide for definitions; to provide exceptions; to provide for various categories of licenses; to prohibit certain activities of individuals not holding licenses; to provide for certificates of authority; to provide penalties.
SB 750. By Senator Baldwin of the 29th:
A bill to amend Code Section 35-8-19 of the Official Code of Georgia Anno tated, relating to the appointment of a citizen of an adjoining state as a peace officer in certain cities, so as to remove the population figures.
SB 774. By Senators Langford of the 35th, Dawkins of the 45th, Taylor of the 12th and others:
A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to provide that on and after July 1, 1992, a retail dealer license shall be issued only to an individual who meets certain requirements relating to residency and ownership of business; to provide certain exceptions.
The Senate has agreed to the House substitute to the following Resolutions of the Senate:
SR 431. By Senators Ragan of the 10th, Perdue of the 18th, Foster of the 50th and others:
A resolution creating the special Study Commission on Postsecondary Tech nical and Adult Education Finance.
SR 511. By Senator Gillis of the 20th:
A resolution creating the Joint Study Committee on State and Local Govern ment Environmental Enforcement Authority.
The Senate has passed by the requisite constitutional majority the following Bills of the House:
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 Anno tated, 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.
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JOURNAL OF THE HOUSE,
HB 353. By Representative Poston of the 2nd:
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 pro vide that attendance officers shall be members of the retirement system.
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.
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.
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.
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.
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.
HB 1194.
By Representatives Reaves of the 147th, Golden of the 148th, Selman of the 32nd, Royal of the 144th, Godbee of the 110th and others:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards and labeling of milk and milk products, so as to provide that the Commissioner of Agriculture may assess and collect fees for the purpose of defraying the expenses of licensing grade A plants, grade A producers-distributors, receiving stations, dairy manufac turing plants, milk handlers purchasing raw milk, or other things pertaining thereto.
TUESDAY, MARCH 31, 1992
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HB 1198.
By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to provide for license fees for grain dealers' licenses.
HB 1324.
By Representative Balkcom of the 140th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide certain require ments for fishing with a bow and arrow; to provide for the taking of fish from public fishing areas; to provide for certain fish for which a license is required.
HB 1342. By Representatives Parham of the 105th, Parrish of the 109th, Twiggs of the 4th, Atkins of the 21st and Chafin of the 72nd:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of con trolled substances and dangerous drugs.
HB 1361.
By Representative Parham of the 105th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Georgia Folk Festival as the official state folk festival.
HB 1450.
By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend Code Section 15-18-20 of the Official Code of Georgia Anno tated, relating to additional assistants and staff for district attorneys, so as to authorize district attorneys to employ victim and witness assistance per sonnel as members of their staff.
HB 1460.
By Representatives Watts of the 41st, Buck of the 95th, Dover of the llth and Colwell of the 4th:
A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes.
HB 1478.
By Representatives Flynt of the 75th, Twiggs of the 4th, Sherrill of the 47th, Golden of the 148th and Walker of the 113th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Anno tated, relating to equipment and inspection of motor vehicles, so as to pro hibit the possession of any device capable of producing a flashing blue light by any person other than a law enforcement officer.
HB 1539.
By Representatives Buck of the 95th, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 5 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to miscellaneous offenses and penalties of per sons, firms, or corporations subject to the jurisdiction of the Public Service Commission, so as to authorize the commission to impose and collect certain fines, assessments, and interest in connection with persons, firms, or corpora tions operating as household goods carriers without having a valid certificate of public convenience and necessity.
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JOURNAL OF THE HOUSE,
HB 1561. By Representative Dover of the llth:
A bill to amend Code Section 48-5-20 of the Official Code of Georgia Anno tated, relating to the effect of failure to return taxable property, so as to pro vide for conditions under which certain real property shall be deemed to have been returned for taxation.
HB 1573.
By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 27 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of nursing home administrators, so as to pro vide for an additional ex officio member of the State Board of Nursing Home Administrators.
HB 1598. By Representatives Martin of the 26th, Parrish of the 109th, Childers of the 15th, McKinney of the 35th, Hamilton of the 124th and others:
A bill to amend Code Section 15-11-56 of the Official Code of Georgia Anno tated, relating to expenses charged to county and payment by parents on court order of expenses involving treatment, care, and support of a child, so as to provide that the court may order payment from the parents or other legally obligated persons to reimburse all or part of the costs and expenses of the Department of Human Resources for treatment, care, and support of the child.
HB 1611. By Representative Groover of the 99th:
A bill to amend Chapter 72 of Title 36 of the Official Code of Georgia Anno tated, relating to abandoned cemeteries and burial grounds, so as to clarify that burial ground includes private plots; to provide that preservation and protection of burial grounds encompasses the cleaning, restoration, mainte nance, and upkeep of burial grounds and cemeteries.
HB 1624. By Representatives Pettit of the 19th, Watson of the 114th, Herbert of the 76th and Flynt of the 75th:
A bill to amend Chapter 6 of Title 46 of the Official Code of Georgia Anno tated, relating to radio common carriers, so as to provide an exception to the establishment of competing or duplicative radio utility service in an estab lished area.
HB 1660.
By Representatives Balkcom of the 140th, Floyd of the 154th and Godbee of the 110th:
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 establish possession limits for certain fish; to require that certain fish be landed with the head and fins intact.
HB 1667. By Representatives Smith of the 152nd, Murphy of the 18th, Coleman of the 118th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the manner of disposing of certain prop erty or interests therein which were acquired by any county or municipality for lake purposes but which property or interests are no longer needed for such purposes.
TUESDAY, MARCH 31, 1992
4209
HB 1675. By Representatives Holland of the 136th and Smith of the 16th:
A bill to amend Code Section 36-9-3 of the Official Code of Georgia Anno tated, relating to the procedure for the sale or disposition of county real property generally, so as to provide for sale of such property to the highest bidder.
HB 1718.
By Representative Lane of the 27th:
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 municipal cor porations, so as to require any person licensed under Title 43 to provide evidence of such licensure before any county or municipal corporation issues a business license to that person.
HB 1753.
By Representatives Cummings of the 17th, Walker of the 113th, Skipper of the 116th and McBee of the 68th:
A bill to amend Code Section 47-3-121 of the Official Code of Georgia Anno tated, relating to optional retirement allowances under the Teachers Retire ment System of Georgia, so as to provide that a retired member who elected one of several spousal options and whose spouse predeceases such member may revoke such election and elect a new option providing for a retirement allowance computed to be the actuarial equivalent of such allowance immedi ately prior to the date of such election.
HB 1756.
By Representatives Byrd of the 153rd, Patten of the 149th and Bargeron of the 108th:
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 revise the provi sions relating to junk or metal dealers; to provide for the regulation of secondary metals recyclers and the sale, transfer, possession, or disposition of regulated metal property.
HB 1796. By Representative Cummings of the 17th:
A bill to amend Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to financing the Georgia Firemen's Pension Fund, so as to change an exemption from a certain tax on certain premiums charged by each company, corporation, and association.
HB 1814. By Representatives Stancil of the 8th, Bostick of the 138th, Oliver of the 53rd and Pinholster of the 8th:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to custody of children, so as to provide for notification upon certain changes of residence of a custodial or joint custodial parent; to pro vide for certain hearings with respect to visitation rights, custody, or child support.
HB 1860. By Representatives Holland of the 136th, Skipper of the 116th, Poston of the 2nd and Pinholster of the 8th:
A bill to amend Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to false advertising, so as to provide that no person shall advertise professional services, in an untrue, fraudulent, or misleading manner; to authorize the Governor's Office of Consumer Affairs to investigate certain such advertising.
4210
JOURNAL OF THE HOUSE,
HB 1943.
By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
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 third judgeship for the Dougherty Judicial Circuit.
HB 1968.
By Representatives Snow of the 1st, Coker of the 21st, Smith of the 156th, Oliver of the 53rd and Wall of the 61st:
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 civil actions, so as to provide for limitation of civil actions for childhood sexual abuse.
HB 1974.
By Representatives Clark of the 13th, Powell of the 13th, Jackson of the 9th, Coleman of the 118th, Yeargin of the 14th and others:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Anno tated, relating to equipment on school buses in general, so as to provide for strobe lights on school buses.
HB 1977. By Representatives Pelote of the 127th, Merritt of the 123rd, Bordeaux of the 122nd, Porter of the 119th, Hamilton of the 124th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for counseling, counsel and advice, and the procedures and expenses related thereto for children and their parents or guardians.
HB 1997. By Representatives Herbert of the 76th and Kilgore of the 42nd:
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 redefine certain terms; to authorize the Nonpublic Postsecondary Education Commission to contract with the United States Department of Education.
HB 1045. By Representative Jenkins of the 80th:
A bill to amend an Act placing the judge of the Probate Court of Monroe County on an annual salary, so as to provide that the probate court judge shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty.
HB 1786. By Representative Hudson of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the composition of the commissioner districts.
HB 1787.
By Representative Hudson of the 117th:
A bill to amend an Act providing for the continuing existence of the Wilcox County School District and the Wilcox County board of education, so as to change the composition of the education districts.
HB 2031.
By Representatives Ray of the 98th and Jenkins of the 80th:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Crawford County, so as to reapportion the commissioner dis tricts.
TUESDAY, MARCH 31, 1992
4211
HB 2092.
By Representatives Flynt of the 75th and Herbert of the 76th:
A bill to amend an Act creating a board of commissioners for the counties of Spalding and Butts, so as to provide for a county manager for Spalding County.
HB 2096.
By Representatives Orr of the 9th, Lawson of the 9th and Jackson of the 9th:
A bill to amend an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts.
HB 2098. By Representative Hanner of the 131st:
A bill to amend an Act to create a board of commissioners of roads and reve nues for Terrell County, so as to provide new commissioner districts.
HB 2103. By Representatives Stancil of the 8th, Barnett of the 10th and Pinholster of the 8th:
A bill to provide a new charter for the City of Waleska.
HB 2104.
By Representative Adams of the 79th:
A bill to provide that the homestead, not to exceed $15,000.00 of the value thereof, of each resident of the Thomaston-Upson County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $15,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.
HB 2106.
By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education dis tricts.
HB 2107.
By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act which provides for the establishment of a public school system for the City of Valdosta, so as to change certain provisions rel ative to the election and terms of said members.
HB 2108.
By Representatives Jones of the 71st, Davis of the 77th, Meadows of the 91st and Flynt of the 75th:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the compensation of the members of the board of commissioners.
HB 2110.
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 creating a board of commissioners of Dougherty County, so as to change the commission districts.
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JOURNAL OF THE HOUSE,
HB 2111.
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 creating the Dougherty County School System, so as to change the education district.
HB 2115.
By Representative Jenkins of the 80th:
A bill to provide a homestead exemption from certain Jasper County ad valo rem taxes for county purposes in the amount of $2,000.00 of the assessed value of that homestead for certain residents of that county.
HB 2122.
By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act providing for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city, so as to increase the amount of said homestead exemption.
HB 2123.
By Representatives Smith of the 16th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from ad valo rem taxes of the City of Rome independent school district for certain resi dents of that school district, so as to change the amount of the exemption.
HB 2125. By Representative Hanner of the 131st:
A bill to provide education districts for the Calhoun County Board of Educa tion.
HB 2126. By Representative Lane of the 27th:
A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority.
HB 2127. By Representatives Campbell of the 23rd and McKinney of the 40th:
A bill to provide for the creation of one or more community improvement districts in the City of Alpharetta.
HB 2135. By Representative Edwards of the 112th: A bill to provide a new charter for the City of Ellaville.
HB 2139. By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to provide for the election of members of the board.
HB 2140.
By Representatives Flynt of the 75th and Herbert of the 76th:
A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct.
HB 2141. By Representatives Powell of the 13th and Clark of the 13th: A bill to create the Hart County Water and Sewer Utility Authority.
TUESDAY, MARCH 31, 1992
4213
HB 2142. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to provide a method of appointment for members of the Baxley Appling County hospital Authority.
HB 2147.
By Representatives Breedlove of the 60th, Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
HB 2150. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act creating a Board of Commissioners of Jones County, so as to provide for the election of members of the board.
HB 2152.
By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to provide for homestead exemptions from Carroll County ad valorem taxes for county purposes and for educational purposes for certain residents of that county and school district.
HB 2155. 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.
HB 2156.
By Representative Hanner of the 131st:
A bill to amend an Act entitled "An Act to increase the number of commis sioners of roads and revenues for the county of Calhoun from three to five," so as to provide new commissioner districts.
HB 2159.
By Representatives Watson of the 114th and Walker of the 113th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the inclusion of certain prop erty within the corporate limits of said city.
HB 2160.
By Representatives Coker of the 21st, Atkins of the 21st, Klein of the 21st, Clark of the 20th, Aiken of the 21st and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to amend provisions relating to county purchases.
HB 1881. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to repeal an Act providing for a board of elections in certain counties.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House:
HR 651. By Representatives Kingston of the 125th and Pelote of the 127th:
A resolution compensating Savannah Concrete, Inc., Will D. Herrin, Presi dent.
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JOURNAL OF THE HOUSE,
HR 677. By Representative Ray of the 98th: A resolution compensating Ms. Tara Joyner Davidson.
HR 723. By Representative Dixon of the 128th: A resolution compensating Mr. John Wesley Ulmer, Jr.
HR 843. By Representatives Dobbs of the 74th and Stancil of the 66th: A resolution compensating Mr. Tom Watson Brown.
HR 879. By Representative Murphy of the 18th: A resolution compensating Sandra K. Davis.
HR 955. By Representative Padgett of the 86th: A resolution compensating Ms. Rosa L. Bedell.
HR 1008. By Representative Perry of the 5th: A resolution designating J. C. "Jake" Woods Avenue in the City of Trion.
HR 1170.
By Representatives Jackson of the 9th, Murphy of the 18th, Jamieson of the llth, Porter of the 119th, Parham of the 105th and others:
A resolution urging the United States Secretary of Transportation to grant a waiver or an extension of the final date by which all persons operating commercial vehicles must possess a commercial driver's license.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
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.
The Senate has passed by the requisite constitutional majority the following Bill of the House:
HB 2101.
By Representative Davis of the 77th:
A bill to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
By unanimous consent, all House Bills and Resolutions requiring further action by the Senate were ordered immediately transmitted to the Senate.
TUESDAY, MARCH 31, 1992
4215
The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substituting the same:
SB 784. By Senators Foster of the 50th, Deal of the 49th, Hasty of the 51st and oth ers:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the dates of the initial enrollment count for purposes of determination of enroll ment by institution; to change the method of calculating the amount of cer tain funding.
Representative Kilgore of the 42nd moved that the House recede from its position in substituting SB 784.
On the motion, the ayes were 91, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:
HB 2077. By Representatives Kingston of the 125th, Bordeaux of the 122nd, Hamilton of the 124th, Merritt of the 123rd, Mueller of the 126th and others:
A bill to create the Savannah Development and Renewal Authority.
The following Senate amendment was read:
Amend HB 2077 by striking from lines 20 and 21 of page 10 the following: "or for use by the authority".
Representative Kingston of the 125th moved that the House agree to the Senate amendment to HB 2077.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the Senate was taken up for consideration and read the third time:
SR 485. By Senator Hasty of the 51st: A resolution designating the Joseph E. Brown 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 ayes were 94, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
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JOURNAL OF THE HOUSE,
HB 1532.
By Representatives Brown of the 88th, Abernathy of the 39th, Henson of the 57th and Howard of the 85th:
A bill to amend Code Section 33-11-16 of the Official Code of Georgia Anno tated, relating to authorized investments by insurers, so as to provide that insurers may invest in obligations issued by the International Finance Corpo ration.
The following Senate amendments were read:
SENATE AMENDMENT No. 1
Amend HB 1532 by striking lines 1 through 12 of page 1 and inserting in lieu thereof the following:
"To amend Code Title 33 of the Official Code of Georgia Annotated, relating to insur ance, so as to provide for insurers' investments; to provide for underwriting of vehicle service agreements and rules; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 33 of the Official Code of Georgia Annotated, relating to insur ance, is amended by striking Code Section 33-11-16, relating to authorized investments by insurers, and inserting in lieu thereof:"
SENATE AMENDMENT No. 2
Amend HB 1532 by striking line 23 of page 1 and inserting in lieu thereof the follow ing:
"chapter. In addition to authority contained in Code Section 33-11-8 and elsewhere in this title, an insurer may invest ug to 10 percent of its admitted assets in securities or other investments within a foreign country which are similar in characteristics and qual ity to like investments authorized pursuant to this chapter for investments in the United States of America, including obligations of the government of such foreign country and its political subdivisions and instrumentalities, provided that the values of such securi ties or other investments shall be determined in accordance with the valuation methods then currently formulated or approved by the National Association of Insurance Com missioners or its successor organization."
SENATE AMENDMENT No. 3
Amend HB 1532 by adding between lines 23 and 24 of page 1 the following:
"Section 1.1. Said title is further amended by adding at the end of paragraph (b)(l) of Code Section 33-7-6, relating to property insurance, the following:
'or, without regard to the requirement that the insurance cannot be obtained from an insurer authorized to do business in this state as required by Code Section 33-5-21, to an agreement underwritten by a surplus lines insurer which has not been rejected by the Commissioner for such purpose'".
SENATE AMENDMENT No. 4
Amend HB 1532 by adding between lines 23 and 24 of page 1 the following:
"Section 1.2. Said title is further amended by adding at the end of subsection (d) of Code Section 33-7-6, relating to property insurance, the following:
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4217
'Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle service agreements and extended warranty agreements."'.
SENATE AMENDMENT No. 5
Amend HB 1532 by creating a new Section 2 on line 24 of page 1 to read as follows:
Notwithstanding any provision of this chapter to the contrary, a group policyholder may require an employee contribution or an additional contribution for spousal coverage where the spouse so covered is eligible to receive coverage under another group accident and sickness policy but declines such coverage.
And by renumbering Section 2 as 3 and Section 3 as 4.
Representative Brown of the 88th moved that the House agree to the Senate amend ments to HB 1532.
On the motion, the ayes were 103, nays 3.
The motion prevailed.
HB 1637.
By Representatives Barfoot of the 120th, Porter of the 119th, Canty of the 38th, Coleman of the 118th and Moody of the 153rd:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to licensing of auctioneers, and to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of used motor vehicle dealers, so as to provide that consumers who purchase used motor vehicles from a licensed auctioneer may recover from the auctioneers education, research, and recovery fund.
The following Senate substitute was read:
A BILL
To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of auctioneers, and to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of used motor vehicle dealers, so as to provide that consumers who purchase used motor vehicles from a licensed auctioneer may recover from the auctioneers education, research, and recovery fund; to provide an exemption for auctioneers from the insurance requirements for licensed used motor vehicle dealers; to change the provisions relating to continuing education requirements for used motor vehicle dealers; to provide an exemption for auctioneers from certain other requirements of licensed used motor vehicle dealers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of auctioneers, is amended by striking paragraph (2) of subsection (d) of Code Section 43-6-22.1, relating to the auctioneers education, research, and recovery fund, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee under this chapter for any act, representation, transac tion, or conduct which is in violation of this chapter or of the regulations promulgated pursuant to this chapter, or which is in violation of Chapter 47 of this title or of the regulations promulgated pursuant to Chapter 47 of this title, which act occurred on or
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after January 1, 1992, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the commission, may apply to the court for an order directing payment out of the auction eers education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section."
Section 2. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relat ing to licensing of used motor vehicle dealers, is amended by striking subsections (d) and (1) of Code Section 43-47-8, relating to license applications, prerequisites, license fees, renewals, and supplemental licenses, and inserting in lieu thereof new subsections (d) and (1) to read as follows:
"(d) All licenses issued under this chapter shall be renewable biennially. The board shall may establish continuing education requirements for license renewals."
"(1) Each application for a license shall show that the dealer maintains an automo bile dealer's public liability and property damage insurance with liability limits of not less than $50,000.00 per person and $100,000.00 per accident, personal insurance liability coverage, and $25,000.00 property damage liability coverage. The board may, in its dis cretion, permit self-insurance in lieu of a bond or bond of insurance if it decides that the financial ability of the dealer warrants such privilege or if it is satisfied that an applicant or licensee is possessed and will continue to be possessed of the ability to pay judgments obtained or claims against the applicant or licensee. The board may issue to the applicant, licensee, or dealer a certificate of self-insurance. The board may cancel such self-insurance upon reasonable grounds, such as failure to pay within 30 days after judgment has become final any judgment rendered against the applicant in which it is determined that the applicant is liable for damages under this chapter. Any licensee under Chapter 6 of this title shall be exempt from the requirements of this subsection."
Section 3. Said chapter is further amended by inserting a new subsection (o) at the end of Code Section 43-47-8, relating to license applications, prerequisites, license fees, renewals, and supplemental licenses, to read as follows:
"(o) Notwithstanding anything to the contrary contained elsewhere in this chapter, no licensee under Chapter 6 of this title shall be required under this chapter to have such licensee's permanent location in a building on an open lot, to be physically sepa rated from any other business, or to be marked by a sign which indicates that the busi ness is a used car dealer."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Barfoot of the 120th moved that the House agree to the Senate substi tute to HB 1637.
On the motion, the ayes were 94, nays 0.
The motion prevailed.
HB 1212.
By Representatives Alford of the 57th, Baker of the 51st, Oliver of the 53rd, Redding of the 50th, Valenti of the 52nd and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to the county and municipal hotel-motel tax, so as to provide that said tax shall apply to rooms, lodgings, or accommodations furnished to the public by the Stone Mountain Memorial Association, the Jekyll Island-- State Park Authority, and the Lake Lanier Islands Development Authority and to persons, firms, or corporations furnishing such rooms.
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4219
The following Senate substitute was read:
A BILL
To amend Article 3 of Chapter 13 of Title 48 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 authorization with certain condi tions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Anno tated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs (1) and (2) to read as follows:
"(1) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or 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), (3.1), (4), (4.1), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this 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), (3.1), (4), (4.1), (5), and (5.1) of this subsection; and in such case the expenditure requirements of such paragraph {3} ef {4} ef (4.1) or {&} er (6.1) of this sub section pursuant to which such tax is levied shall apply instead."
Section 2. Said article is further amended by adding a new paragraph immediately following paragraph (3) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (3.1), to read as follows:
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"(3.1) Notwithstanding any other provision of this subsection, a county (within the the territorial limits of the special district located within the county) and the municipal ities within a county in which a trade and convention center authority has been created by intergovernmental contract between a county and one or more municipalities located therein, and which trade and convention center authority is in existence on or before March 21, 1988, and which trade and convention center authority has not constructed or operated any facility before March 21, 1988, may levy a tax under this Code section at a rate of 6 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 (3.1)) an amount equal to at least 62 Vfc percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a trade and convention center, exhibit hall, conference center, performing arts center, accommodations facilities including food service, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, main taining, and promoting such facilities owned, operated, or leased by or to the local trade and convention center authority; or (C) for some combination of such purposes; pro vided, however, that at least 50 percent of the total taxes collected at the rate of 6 per cent shall be expended for the purposes specified in subparagraph (B) of this paragraph (3.1). Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local building authority created by local constitutional amendment, and a trade and conven tion center authority created by intergovernmental contract between a county and one or more municipalities located therein, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph (3.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this paragraph (3.1) shall terminate not later than December 31, 2029, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (3.1), secured in whole or in part by a pledge of a tax authorized under this Code sec tion, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (3.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (3.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obli gation and, upon the issuance of any such obligation by a building authority created by local constitutional amendment, shall constitute a contract with the holder of such obli gation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (3.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a building authority created by local constitutional amendment for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the building authority created by local constitutional amendment and any obligation of the building authority created by local constitutional amendment to refund any prior obligation of the building author ity created by local constitutional amendment, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equip
ment, or facilities and the repayment of any obligation incurred by an authority in con
nection therewith; 'obligation' shall include bonds, notes, or any instrument creating an
obligation to pay or reserve moneys and having an initial term of not more than 37
years; and 'facility' or 'facilities' shall mean any of the buildings, structures, and facili
ties described in subparagraph (B) of this paragraph (3.1) and any associated parking
TUESDAY, MARCH 31, 1992
4221
areas or improvements originally owned or operated incident to the ownership or opera tion of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (3.1) by a building authority created by local constitutional amendment."
Section 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one para graph of this subsection. Following the termination of a tax under paragraph (3.1), (4.1), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursu ant to paragraph (3.1), (4.1), (5), or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (4.1), (5), or (5.1) of this subsection."
Section 4. Said article is further amended by striking paragraphs (9) and (10) of sub section (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs (9) and (10) to read as follows:
"(9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (4), (4.1), (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 contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (4), (4.1), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A) calculating the amount of funds expended or contractually committed for expenditure as provided in para graph (2), (3), (3.1), (4), (4.1), (5), 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), (3.1), (4), (4.1), (5), 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), (3.1), (4), (4.1), (5), 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.
Representative Griffin of the 6th moved that the House agree to the Senate substitute to HB 1212.
On the motion, the ayes were 93, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
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SB 602. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Chapter 19 of Title 31 of the Official Code of Georgia Anno tated, relating to the control of rabies, so as to provide that procedures shall be in compliance with the National Association of State Public Health Veter inarians; to repeal Code Section 31-19-6, relating to certificates of inoculation.
The report 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.
HR 1040. By Representatives Coleman of the 118th, Martin of the 26th and Cummings of the 134th:
A resolution urging the Department of Human Resources to review its poli cies and procedures regarding the purchasing and providing of services.
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 93, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 614. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others:
A bill to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," so as to change the name of the Office of Fair Employment Practices to the "Commission on Equal Opportunity"; to change the name of the Fair Employment Practices Board to the "Board of Commissioners of the Com mission on Equal Opportunity"; to provide for divisions within the Commis sion on Equal Opportunity.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 90, nays 1. The Chair votes "aye". The ayes were 91, nays 1. The Bill, having received the requisite constitutional majority, was passed.
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.
The following amendment was read and adopted:
TUESDAY, MARCH 31, 1992
4223
The Committee on Special Judiciary moves to amend SB 255 by striking lines 18 through 20 of page 1 and inserting the following:
"thereof, be punished for a 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 ayes were 92, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 834. By Senators Collins of the 17th and Starr of the 44th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Anno tated, relating to the crimes of trafficking in cocaine, illegal drugs, or mari juana, so as to provide that any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of five grams or more of methamphetamine or of any mixture of methamphetamine commits the fel ony offense of trafficking in methamphetamine; to provide penalties.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the crimes of trafficking in cocaine, illegal drugs, or marijuana, so as to provide that any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine or of any mixture of methamphetamine commits the felony offense of trafficking in methamphetamine; to pro vide penalties; to provide for mandatory minimum terms of imprisonment and mandatory fines with respect to certain violations of the offense of trafficking in methamphetamine; to change penalty provisions relating to the crimes of trafficking in cocaine, illegal drugs, or marijuana; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the crimes of trafficking in cocaine, illegal drugs, or marijuana, is amended by striking subsections (e) and (f) in their entirety and inserting in lieu thereof new subsections (e), (f), and (g) to read as follows:
"(e) Any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine or of any mixture of methamphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methamphetamine and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of methamphetamine or mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00;
(2) If the quantity of methamphetamine or mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and
(3) If the quantity of methamphetamine or mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (e) (f) (1) Except as provided in paragraph (2) of this subsection and notwithstand ing Code Section 16-13-2, with respect to any person who is found to have violated
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this Code section, adjudication of guilt or imposition of sentence shall not be sus pended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section.
(2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code sec tion and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has ren dered such substantial assistance. {f4 (g) Any person who violates any provision of this Code section in regard to traf ficking in cocaine, illegal drugs, or marijuanaj or methamphetamine shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $1 million."
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 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:
HB 2055.
By Representatives Hanner of the 131st and Holland of the 136th:
A bill to amend an Act creating the board of commissioners of Lee County, so as to provide new commissioner districts.
The following Senate amendment was read and adopted:
Amend HB 2055 by striking in their entireties lines 7 through 16 of page 5 and by redesignating Section 3 as Section 2.
Representative Hanner of the 131st moved that the House agree to the Senate amend ment to HB 2055.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 1222. By Representatives Ashe of the 25th and Canty of the 38th: A resolution recognizing the Republic of Georgia and Maya Vachtangadze.
HR 1223. By Representatives Kingston of the 125th, Pelote of the 127th and Mueller of the 126th:
A resolution commending K. Gordon Cross.
TUESDAY, MARCH 31, 1992
4225
HR 1224. By Representatives Pelote of the 127th, Merritt of the 123rd and Kingston of the 125th:
A resolution recognizing Katherine LePage Sherman.
HR 1225.
By Representatives Kingston of the 125th, Mueller of the 126th, Pelote of the 127th, Merritt of the 123rd and Dixon of the 128th:
A resolution expressing condolences on the untimely passing of Nelson A. Sevier, Jr., of Chatham County.
HR 1226. By Representative Oliver of the 121st: A resolution commending Honorable Brent Walker.
HR 1227.
By Representatives Buckner of the 72nd, Lee of the 72nd, Chafin of the 72nd, King of the 72nd and Benefield of the 72nd:
A resolution expressing support for the Clayton County Olympic Coordinat ing Committee and endorsing Clayton County's bid for the 1996 Olympic Women's Fast-Pitch Softball Event.
HR 1228.
By Representatives Twiggs of the 4th and Colwell of the 4th:
A resolution urging the Department of Transportation to name the intersec tion of Georgia 400 and Georgia 60 with Longbranch Road in Lumpkin County, the J. B. Jones Intersection.
HR 1229. By Representatives McKinney of the 40th, Brooks of the 34th, Kilgore of the 42nd, Dover of the llth, Clark of the 13th and others:
A resolution honoring the European Peace Pilgrimage.
HR 1230. By Representative Orrock of the 30th: A resolution honoring Mrs. Dorothy Shaw.
HR 1231.
By Representatives Greene of the 130th, Bostick of the 138th, Balkcom of the 140th, Royal of the 144th, Moultrie of the 93rd and others:
A resolution commending Honorable Robert Ellis on the occasion of his retirment.
HR 1232. By Representatives White of the 132nd and Cummings of the 134th: A resolution honoring Charles Melvin Sherrod.
HR 1233. By Representatives White of the 132nd, McKinney of the 35th, Brooks of the 34th, Holmes of the 28th, McKinney of the 40th and others:
A resolution recognizing the Honorable Leroy R. Johnson.
HR 1234. By Representatives Lane of the 27th, Moody of the 153rd and Cummings of the 17th:
A resolution commending Honorable DeWayne Hamilton.
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JOURNAL OF THE HOUSE,
HR 1235.
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 Clayton Leadership Now and Miss Stephanie Sullivan from St. Pius X Catholic High School.
HR 1236.
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 Clayton Leadership Now and participants from Riverdale High School.
HR 1237.
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 Clayton Leadership Now and participants from North Clayton High School.
HR 1238. By Representatives Canty of the 38th, Holmes of the 28th, Davis of the 29th, Lucas of the 102nd, Sinkfield of the 37th and others:
A resolution commending and recognizing Mr. Paul R. Jones.
HR 1239. By Representatives Canty of the 38th, Holmes of the 28th, Davis of the 29th, Lucas of the 102nd, Sinkfield of the 37th and others:
A resolution commending and recognizing Dr. Theodore Benson.
HR 1240. By Representatives Canty of the 38th, Holmes of the 28th, Davis of the 29th, Lucas of the 102nd, Sinkfield of the 37th and others:
A resolution commending and recognizing Dr. Gloria Long Anderson.
HR 1241. By Representative Thomas of the 31st: A resolution commending Folami Prescott.
HR 1242. By Representative Holland of the 136th:
A resolution congratulating Mrs. Eddie Bell Guy on the event of her 102nd birthday.
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 439 Do Pass, as Amended
Respectfully submitted, Is/ Lee of the 72nd
Chairman
The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:
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4227
HB 2133.
By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor.
The following Senate amendment was read:
Amend HB 2133 by inserting between lines 14 and 15 of page 3 the following: "Section 4. Reserved." By renumbering Section 4 as Section 5.
The following amendment was read and adopted:
Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st move to amend the Senate amendment to HB 2133 by inserting on line 6 of page 1 of the amendment the following:
"By striking line 9 of page 3 and inserting in lieu thereof the following:
'considered part of the Carroll County Civil service system for the purposes of county'."
Representative Thomas of the 69th moved that the House agree to the Senate amend ment, as amended by the House, to HB 2133.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:
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.
Representative Jenkins of the 80th moved that SB 150 be placed upon the table On the motion, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams N Aiken N Alford
N Ashe Y Atkins
Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett.B
Y Barnett,M Y Bates Y Beatty Y Benefield
N Birdsong N Blitch N Bordeaux N Bostick
N Branch Y Breedlove N Brooks
Brown Y Brush Y Buck N Buckner
Y Byrd N Campbell N Canty Y Carrell
Y Carter Y Cauthorn Y Chafin
N Chambless Y Cheeks N Childers Y Clark.E
Y Clark.L Y Coker
Coleman Colwell
Y Connell Y Culbreth N Cummings.B
N Cummings.M Y Davis.D N Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
N Dunn Y Edwards N Elliott
4228
JOURNAL OF THE HOUSE,
N Felton Fennel
Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden N Goodwin
E Green Y Greene Y Griffin N Groover E Hamilton N Hammond Y Manner Y Harris.B N Harris,J
N Heard N Henson N Herbert Y Holland N Holmes
Howard Y Hudson N Irwin
Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore
Y King Y Kingston N Klein
Y Ladd Y Lane.D Y Lane.R N Langford
Lawrence Y Lawson Y Lee Y Long Y Lord
N Lucas Y Mann N Martin N McBee Y McCoy Y McKelvey Y McKinney.B N McKinney.C
N Meadows N Merritt Y Milam N Mills Y Mobley
Y Moody N Morsberger Y Moultrie
Y Mueller Y Oliver.C N Oliver.M N On N Orrock Y Padgett Y Parham Y Parrish Y Patten
N Pelote Y Perry
Pettit Y Pinholster
Pinkston Y Poag Y Porter N Poston
Y Powell.A Y Powell.C Y Presley Y Purcell N Randall
Y Ray Heaves Redding
N Ricketson Y Royal N Selman N Sherrill Y Simpson N Sinkfield Y Skipper Y Smith.L N Smith,?
Smith.T Y Smith.W N Smyre Y Snow N Stancil.F Y Stancil.S N Stanley Y Streat
On the motion, the ayes were 99, nays 65. The motion prevailed.
Y Taylor N 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 N Walker.L Y Wall Y Watson
Y Watts N White Y Wilder Y Williams.B N Williams.J
Williams.R Y Yeargin
Murphy.Spkr
The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:
HB 2112. By Representatives Herbert of the 76th and Flynt of the 75th:
A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected mem bers of the Griffin-Spalding County Board of Education.
The following Senate amendment was read:
Amend HB 2112 by adding on line 8 of page 9 before the word "general" the follow ing:
"special election held at the time of the".
By striking on line 32 of page 9 the word and symbols "section."' and inserting the following:
"section. The provisions of this Act shall not be construed to alter the current method of electing the members of the board of education in nonpartisan elections.'"
Representative Herbert of the 76th moved that the House agree to the Senate amend ment to HB 2112.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
TUESDAY, MARCH 31, 1992
4229
HB 1812.
By Representatives Groover of the 99th, Kilgore of the 42nd, Walker of the 115th, Irwin of the 57th, Sinkfield of the 37th and others:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for personnel of local school systems.
Representative Groover of the 99th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1812 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 Kilgore of the 42nd, Herbert of the 76th and Groover of the 99th.
The Speaker announced the House in recess until 1:15 o'clock, this afternoon.
4230
JOURNAL OF THE HOUSE,
AFTERNOON SESSION
The Speaker Pro Tern called the House to order.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the Senate and House were taken up for consideration and read the third time:
SR 481. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and others:
A resolution commending the Roosevelt Circle Revitalization 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 ayes were 90, nays 0.
The Chair votes "aye". The ayes were 91, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HR 1090.
By Representatives Buckner of the 72nd, Lee of the 72nd, Jenkins of the 80th, Irwin of the 57th and Dover of the llth:
A resolution urging a campaign to educate adults regarding gun safety train ing for children.
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 92, nays 6.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 486. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Anno tated, relating to the qualifications of state court judges, so as to provide that no person shall be a state court judge unless he or she shall have been a resident of the state for three years.
The report 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 8.
The Bill, having received the requisite constitutional majority, was passed.
SB 47. By Senator Kidd of the 25th:
A bill to amend Code Section 47-11-71 of the Official Code of Georgia Anno tated, relating to the amount of retirement benefits and optional retirement benefits for members of the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that any person who is receiving benefits from the fund on January 1, 1993, or who becomes entitled to receive benefits on or after January 1, 1993, shall be paid annual cost-of-living benefits under certain conditions; to provide for the calculation of such benefits.
TUESDAY, MARCH 31, 1992
4231
The report 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.
Representative Wall of the 61st would like to be recorded as voting "nay" on SB 47.
The Speaker assumed the Chair.
SB 770. By Senator Kidd of the 25th: A bill to amend Code Section 45-18-52 of the Official Code of Georgia Anno tated, relating to the establishment of flexible employee benefit plans for state employees and certain others, so as to provide that the flexible employee benefit plan may provide for deductions or salary reductions for group property and casualty insurance.
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 Ashe Y Atkins Y Baker
Balkcom Barfoot Bargeron Y Barnett.B
Y Barnett.M Bates Beatty
Y Benefield
Y Birdsong Blitch
Y Bordeaux
Bostick Y Branch
Breedlove
Y Brooks Brown
Y Brush Buck
Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter
Cauthorn Y Chafin
Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Y Connell Culbreth
Y Cummings,B Y Cummings,M
Davis.D 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 Y Flynt
Godbee Y Golden
Goodwin E Green
Greene Y Griffin
Y Groover E Hamilton Y Hammond Y Manner Y Harris.B
Harris,J
Y Heard Y Henson
Herbert Y Holland
Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston
Y Klein YLadd Y Lane.D
Lane,R Langford Lawrence Y Lawson YLee YLong Lord Y Lucas
YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Oliver.C
Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston
Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selraan Y Sherrill
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 Y Streat Y Taylor Y Teper
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
Watson Watts White Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy ,Spkr
On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representatives Pettit of the 19th, Thomas of the 31st amd Buck of the 95th 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.
4232
JOURNAL OF THE HOUSE,
SB 588. By Senators Thompson of the 33rd and Deal of the 49th:
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 a program of community education and development grants; to authorize the Department of Education to make grants to local boards of education for certain programs and activities; to repeal Article 7 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to commu nity education and development.
The following substitute, offered by Representative Connell of the 87th, was read and adopted:
A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, so as to repeal Article 7 of Chapter 8, the "Community Education and Development Act"; to provide that no public officer or agency shall be required to provide access to public records which are to be used for commercial solicitation; to provide that no reports, summaries, or compilations shall be required; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state gov ernment, is amended by striking in its entirety Article 7 of Chapter 8, the "Community Education and Development Act," and inserting in lieu thereof the following:
"ARTICLE 7 RESERVED"
Section 2. Said title is further amended by adding a new subsection to Code Section 50-18-70, relating to inspection of public records, to read as follows:
"(d) No public officer or agency shall be required to provide access to public records which are to be used for commercial solicitation. No public officer or agency shall be required to prepare reports, summaries, or compilations not in existence at the time of the request; provided, however, that parts of records subject to public disclosure should be made available as provided in subsection (g) of Code Section 50-18-72."*P
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:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker
Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong
Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter
Cauthorn
Y Chafin Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Y Davis.G N Davis.M
Dixon.H Dixon.S
Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Godbee Y Golden Goodwin
E Green
Greene Y Griffin
Groover
E Hamilton Y Hammond Y Hanner Y Harris.B
Harris.J Y Heard Y Henson Y Herbert 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
Lawrence Lawson Y Lee Y Long Lord Y Lucas Y Mann
Martin
TUESDAY, MARCH 31, 1992
Y McBee 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 Y Orrock Y Padgett
Y Parham
Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston
Y Poag Y Porter
Y Poston Powell.A
Y Powell.C Y Presley 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
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N
4233
Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson
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 142, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Due to mechanical malfunction, the vote of Representative Lawson of the 9th was not recorded on. the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Pettit of the 19th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 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.
The President has appointed on the part of the Senate the following:
Senators Deal of the 49th, Baldwin of the 29th and Scott of the 36th.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:
4234
JOURNAL OF THE HOUSE,
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.
The President has appointed on the part of the Senate the following:
Senators Kidd of the 25th, Pollard of the 24th and Garner of the 30th.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:
HB 1094. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act to create and establish a civil service system in Hall County for employees of Hall County, so as to change the employees covered under such system.
HB 1577. By Representatives Lawrence of the 49th, Alford of the 57th, Redding of the 50th, Valenti of the 52nd, Oliver of the 53rd and others:
A bill to amend an Act revising, superseding, and consolidating the laws per taining to the governing authority of DeKalb County and creating a chair man and board of commissioners of roads and revenues for DeKalb County, so as to provide for the new reapportioned districts.
HB 2035. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to reapportion the commission districts.
HB 2062. By Representative Barnett of the 10th:
A bill to create and establish the Cumming-Forsyth County Charter Commis sion.
HB 2143. By Representative Morsberger of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
HB 2161. By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th, Pelote of the 127th, Merritt of the 123rd and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:
TUESDAY, MARCH 31, 1992
4235
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.
HB 2024.
By Representative Connell of the 87th:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the provisions limiting the succession in office of the mayor and council members.
HB 2082.
By Representatives Oliver of the 53rd, Teper of the 46th and Irwin of the 57th:
A bill to amend an Act providing a supplement to the compensation expenses and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
HB 2148.
By Representatives Sherrill of the 47th, Tolbert of the 58th, Alford of the 57th, Williams of the 48th, Teper of the 46th and others:
A bill to amend an Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income does not exceed $15,000 per annum shall be granted an exemption, so as to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes.
HB 2151.
By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th, Davis of the 45th, Lawrence of the 49th and others:
A bill to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00.
HB 2153.
By Representatives Smyre of the 92nd, Buck of the 95th, Taylor of the 94th, Harris of the 96th and Culbreth of the 97th:
A bill to amend an Act creating the Muscogee County School District, so as to provide for the composition of the Muscogee County Board of Education.
HB 2164. By Representative Greene of the 130th: A bill to create the Stewart County Solid Waste Authority.
HB 2178.
By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,'" so as to change the provisions relating to audits.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:
4236
JOURNAL OF THE HOUSE,
HB 1721. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that after a sevenyear holding period, restitution funds may be claimed by the respective county holding such funds.
The President has appointed on the part of the Senate the following:
Senators Pollard of the 24th, Coleman of the 1st and Kidd of the 25th.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 2062. By Representative Barnett of the 10th: A bill to create and establish the Cumming-Forsyth County Charter Commis-
The following Senate substitute was read:
A BILL
To provide for the creation of the Cumming-Forsyth County Charter Commission; to provide for a referendum on appointment of a charter commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly is authorized to create the Cumming-Forsyth County Charter Commission. None of the members of the Cumming-Forsyth County Charter Commission shall hold elective or appointive public office. To be eligible for appointment as a member of the charter commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least three years and registered as an elector to vote in Forsyth County for a period of at least two years prior to his or her appointment. The commission shall be authorized to study all matters relating to the governments of the City of Gumming and Forsyth County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Forsyth County.
Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Forsyth County shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of Forsyth County for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 60 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 immedi ately preceding the date thereof in the official organ of Forsyth County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which authorizes the General Assembly by local Act to provide for appointment of a charter commission to conduct a study relating to the establishment of a unified government of Cumming-Forsyth County?"
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, it shall become of full force and
TUESDAY, MARCH 31, 1992
4237
effect immediately. If the Act is not so approved or if the election is not conducted as pro vided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed.
The expense of such election shall be borne by Forsyth County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Barnett of the 10th moved that the House agree to the Senate substi tute to HB 2062.
On the motion the ayes were 110, nays 0.
The motion prevailed.
HB 2164. By Representative Greene of the 130th: A bill to create the Stewart County Solid Waste Authority.
The following Senate amendment was read:
Amend HB 2164 by striking lines 14 through 17 of page 2 and inserting in lieu thereof the following:
"the governing authority of the City of Lumpkin who shall serve for an initial term of two years. Five members shall be appointed by the governing".
By adding following the word "therein" on line 12 of page 18 the following:
", provided that this Act shall not affect the City of Richland or its citizens and the authority shall not be authorized to operate within, construct, maintain, or operate any project within, serve, acquire any property within the corporate limits of, or contract with the City of Richland".
Representative Greene of the 130th moved that the House agree to the Senate amend ment to HB 2164.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 2151.
By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th, Davis of the 45th, Lawrence of the 49th and others:
A bill to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00.
The following Senate amendment was read:
Amend HB 2151 by striking "$50,000.00" from line 6 of page 1 and inserting in its place "$30,000.00".
By striking "$50,000.00" from line 27 of page 2 and inserting in its place "$30,000.00".
By striking "$50,000.00" from line 17 of page 4 and inserting in its place "$30,000.00".
4238
JOURNAL OF THE HOUSE,
Representative Williams of the 48th moved that the House disagree to the Senate amendment to HB 2151.
The motion prevailed.
HB 1094.
By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act to create and establish a civil service system in Hall County for employees of Hall County, so as to change the employees covered under such system.
The following Senate substitute was read:
A BILL
To amend an Act establishing a Civil Service System in Hall County for employees of Hall County, approved April 4, 1967 (Ga. L. 1967, p. 2556), as amended, so as to change the employees covered under the Hall County Civil Service System Act; to provide addi tional exemptions; to provide that decisions of the Board shall be binding upon the gov erning authority of Hall County, the Sheriff, the Probate Judge, the Clerk of Superior Court, and the Tax Commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing a Civil Service System in Hall County for employees of Hall County, approved April 4, 1967 (Ga. L. 1967, p. 2556), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. There is hereby created and established a civil service system to be known as the Hall County Civil Service System. All Hall County employees, now employed or hereafter employed, and all employees and deputies, now employed or hereafter employed, of the Hall County Sheriff, the Hall County Probate Judge, the Hall County Clerk of Superior Court, and the Hall County Tax Commissioner shall be members of the Hall County Civil Service system except: elected officers of the county, members of appointed boards, members of commissions and authorities, the county administrator, the assistant county administrator, the county clerk, the county human resources direc tor, the county fire chief, the county warden, the county director of management infor mation systems, the county general services director, the county director of planning and zoning, the director of emergency management of the county, the county attorney, the county physician, part-time employees, and hourly wage earners."
Section 2. Said Act is further amended by striking Section 6 in its entirety and sub stituting therefor a new Section 6 which shall read as follows:
"Section 6. (a) No employee of any department or office of the County who is covered under the Hall County Civil Service System Act may be dismissed from employment in said department or office except for good cause and in accordance with the rules and regulations of the Civil Service Board as approved by the governing authority of Hall County. Any employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the Hall County Civil Service Board. Such appeal shall be heard at the next regular or special meeting of the Hall County Civil Service Board after it is filed and must be heard and determined by the Board within forty-five (45) days of the date that said appeal was filed with the Board; provided, however, that such dismissed employee must file his/her appeal with the Board in writing within ten (10) days from the date of his/her dismissal. The decision of the Board shall be binding upon the governing authority of Hall County, the Hall County Sheriff, the Hall County Probate Judge, the Hall County Clerk of Superior
TUESDAY, MARCH 31, 1992
4239
Court, and the Hall County Tax Commissioner as to whether such dismissal was for proper cause.
(b) All appeals under this section shall be heard by the five (5) member Hall County Civil Service Board. Said hearing shall be chaired by a hearing officer who shall be the attorney-at-law for the Hall County Civil Service Board. The hearing officer shall not have a vote on the appeal but shall conduct the hearing, make evidentiary rulings, and prepare final orders of the decision for the Hall County Civil Service Board."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Orr of the 9th moved that the House agree to the Senate substitute to HB 1094.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 1577.
By Representatives Lawrence of the 49th, Alford of the 57th, Redding of the 50th, Valenti of the 52nd, Oliver of the 53rd and others:
A bill to amend an Act revising, superseding, and consolidating the laws per taining to the governing authority of DeKalb County and creating a chair man and board of commissioners of roads and revenues for DeKalb County, so as to provide for the new reapportioned districts.
The following Senate substitute was read:
A BILL
To amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4235), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4325), so as to reapportion existing commissioner districts; to provide that com missioners formerly elected by the county at large shall be elected from commissioner dis tricts; to provide for definitions and insertions; to provide that members serving on the board on the effective date of this Act shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for sub mission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to invalidate certain certifications of political party candidates and certain notices of candidacy in the event of a certain contingency; to provide for a referendum relating to certain provisions of this Act; to provide for a special primary, run off election, and election; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4235), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4325), is amended by striking Sections 2 and 3 in their entirety and inserting new sections to read as follows:
"Section 2. The Commission, (a) The commission shall consist of seven members. (b) For the purposes of electing members to represent Commissioner Districts 1 through 5, DeKalb County shall be divided into five commissioner districts as follows:
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Commissioner District: 1.
DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0037 DUNWOODY VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0053 HENDERSON MILL VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0069 LAVISTA AND LIVSEY VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0093 NORTHWOODS VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: OOAD PLEASANTDALE VTD: OOAW SHALLOWFORD VTD: OOAX SILVER HILL (Part) Tract: 0219.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 201C, 206B, 208B, 209B, 211B, 213B, 214B, 215B, 247, 325C, 325D, 328B, 335, 336B, 337B, 341B, 344, 348 VTD: OOAY SILVER LAKE VTD: OOBB SMOKE RISE VTD: OOBP TUCKER VTD: OOBQ VANDERLYN VTD: OOBR VERMACK VTD: OOBU WARREN
Commissioner District: 2
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0014 CALLANWOLDE VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD
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VTD: 0052 HAWTHORNE VTD: 0054 HERITAGE VTD: 0061 JOHNSON ESTATES VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0092 NORTHLAKE VTD: 0094 OAK GROVE VTD: OOAE PONCE DE LEON VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOBA SKYLAND VTD: OOBD SOUTH DECATUR VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA
Commissioner District: 3
DEKALB COUNTY VTD: 0013 BROCKETT VTD: 0016 CANDLER VTD: 0027 CLIFTON VTD: 0038 EAST LAKE VTD: 0039 EASTLAND VTD: 0046 FLAT SHOALS VTD: 0047 FORREST HILLS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0058 IDLEWOOD VTD: 0063 KELLY LAKE VTD: 0065 KIRKWOOD VTD: 0066 KNOLLWOOD VTD: 0076 MCLENDON VTD: 0078 MEADOWVIEW VTD: 0087 MONTREAL VTD: 0088 MORELAND VTD: 0091 NORTH DECATUR VTD: OOAA PETERSON VTD: OOAK REHOBOTH VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY (Part) Tract: 0231.01 Block(s): 206, 207 Tract: 0235.01 Block(s): 201, 202, 203 VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
Commissioner District: 4
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0026 CLARKSTON
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VTD: 0036 DUNAIRE VTD: 0051 HAMBRICK VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0070 LITHONIA VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: OOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE VTD: OOAX SILVER HILL (Part)
Tract: 0219.03 Block(s): 349B
VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBH STONEVIEW
Commissioner District: 5
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0044 FAIRINGTON VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAN ROWLAND VTD: OOAQ ROWLAND ROAD VTD: OOAT SALEM VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBL TONEY (Part) Tract: 0235.02 Block(s): 303, 305, 306, 307, 308, 309, 310, 311A, 311B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: OOBN TOWERS
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VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL
(c) For the purposes of electing the remaining two members of the board, who were elected by the county at large under previously existing provisions of this Act, DeKalb County shall be divided into two commissioner districts as follows:
Commissioner District: 6
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0005 AUSTIN VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0026 CLARKSTON VTD: 0028 CORAL WOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0036 DUNAIRE VTD: 0037 DUNWOODY VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0061 JOHNSON ESTATES VTD: 0062 JOLLY VTD: 0064 KINGSLEY VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK
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VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: OOAC PINE LAKE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAV SCOTTDALE VTD: OOAW SHALLOWFORD VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBD SOUTH DECATUR VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBQ VANDERLYN VTD: OOBR VERMACK VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA
Commissioner District: 7
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0013 BROCKETT VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0038 EAST LAKE VTD: 0039 EASTLAND VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0056 HUGH HOWELL VTD: 0063 KELLY LAKE VTD: 0065 KIRKWOOD
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VTD: 0066 KNOLLWOOD VTD: 0069 LAVISTA AND LIVSEY VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0087 MONTREAL VTD: 0088 MORELAND VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAA PETERSON VTD: OOAB PHILLIPS VTD: OOAD PLEASANTDALE VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: GOAL ROCKBRIDGE VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAT SALEM VTD: OOAX SILVER HILL VTD: OOBB SMOKE RISE VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBM TOOMER VTD: OOBN TOWERS VTD: OOBP TUCKER VTD: OOBT WADSWORTH VTD: OOBU WARREN VTD: OOBV WESLEY CHAPEL VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
(d) For purposes of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
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(5) Any part of DeKalb County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of DeKalb County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(e) Each commissioner shall be a citizen of this state, at least 25 years of age, and shall have been a resident of the geographic area encompassed by the respective com missioner district for at least two years immediately prior to taking office. Each commis sioner shall be elected by a majority of the electors voting within the respective commissioner district. Except for displacement of their residences from their respective districts due to reapportionment of the districts, any commissioners who cease to be res idents of their respective commissioner districts during their terms of office shall thereby vacate their seats on the commission. All members of the commission shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended.
Section 3. Establishment of Commission. The commission created by Sections 1 and 2 of this Act shall become effective on January 1, 1993. The initial and subsequent members of said commission shall be as follows:
(1) Effective January 1, 1993, the commissioners representing Commissioner Dis tricts 2 and 3 shall be the former commissioners representing Commissioner Districts 2 and 3, who were elected at the general election of 1990 under previously existing provisions of this Act and any commissioner elected to fill a vacancy created by any of such commissioners. Said commissioners so elected shall complete the terms of office to which they were elected, which shall expire on December 31, 1994. Their suc cessors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(2) Candidates to represent Commissioner Districts 1, 4, and 5 shall be nominated at a special primary to be held on the third Tuesday in September, 1992. Commission ers to represent such commissioner districts shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for terms of four years and until their successors are elected and qualified, and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(3) Effective January 1, 1993, the commissioner representing Commissioner Dis trict 7 shall be the person elected as the at-large commissioner at the general election of 1990 under previously existing provisions of this Act, or any commissioner elected to fill a vacancy created by said commissioner. Said commissioner so elected shall complete the term for which he or she was elected, which shall expire on December 31, 1994. The successor to said commissioner shall be elected at the general election of 1994 and shall take office on January 1, 1995, and until the successor is elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their suc cessors are elected and qualified.
(4) Candidates to represent Commissioner District 6 shall be nominated at a spe cial primary to be held on the third Tuesday in September, 1992. A commissioner to
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represent Commissioner District 6 shall be elected at a special election to be held on the date of and in conjunction with the general election of 1992 for a term of four years and until a successor is elected and qualified and shall take office on January 1, 1993. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their suc cessors are elected and qualified."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of DeKalb County to submit this Act to the United States Attorney General for approval. If, as of July 1, 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. If implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, on or before July 1, 1992, the following shall be void: (1) the certification of political party candidates who qualified for party nomination for the office of commissioner in the general primary; (2) notices of candidacy for the office of commis sioner in the general election; and (3) notices of intention of candidacy for the office of commissioner by write-in candidates. Only candidates who have been certified by a politi cal party as qualified for party nomination for the office of commissioner in the special primary shall be eligible to run in the special primary; only candidates nominated for the office of commissioner in the special primary, candidates who have filed notices of candi dacy for the office of commissioner in the special election, and write-in candidates for whom notice of intent of candidacy for the office of commissioner has been given shall be eligible to run in the special election for the office of commissioner.
Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as pro vided in this section for the purpose of submitting the provisions of this Act relating solely to Commissioner Districts 6 and 7 to the electors of DeKalb County for approval or rejec tion. Specifically, the provisions of this Act relating solely to Commissioner Districts 6 and 7 are subsection (c) of quoted Section 2 and paragraphs (3) and (4) of quoted Section 3. The election superintendent shall conduct that election on the general primary date in 1992 and shall issue the call therefor not less than 30 nor more than 60 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 DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the provisions of the Act be approved which provides that the two commissioners formerly elected from DeKalb County at large shall be elected from commissioner districts, and provides that the commissioners at large currently in office shall complete the term of office for which elected?"
All persons desiring to vote for approval of the specified provisions of the Act shall vote "Yes," and those persons desiring to vote for rejection of the specified provisions of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the specified provisions of the Act, such provisions shall become of full force and effect immediately, and subsection (c) of Section 4 of this Act shall be void and of no effect. If the specified provisions of the Act are not so approved or if the election is not conducted as provided in this section, subsections (a) and (c) of Section 4 of this Act shall become effective immediately, but the specified sections of this Act shall be void and of no effect.
The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 4. (a) The election superintendent shall conduct a special primary election on the third Tuesday in September, 1992, after issuing the call therefor as provided by law. If necessary, a special primary run-off election shall be held as provided by law; the
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election superintendent shall conduct a special election on the date of the general election in November, 1992, after issuing the call therefor as provided by law.
(b) If the specified provisions of this Act are approved in the referendum held on the general primary date in July, 1992, candidates for commissioners to represent Commis sioner Districts 1, 4, 5, and 6, as such districts are described in this Act, shall be nomi nated at the special primary conducted in accordance with subsection (a) of this section. Commissioners to represent such districts shall be elected at the special election to be held on the date of the general election.
(c) If the specified provisions of this Act are not approved in the referendum held on the general primary date in July, 1992, the two remaining commissioners shall be elected by the county at large, notwithstanding the provisions of subsection (e) of quoted Section 2 of this Act. The person elected as the at-large commissioner at the general elec tion of 1990 under previously existing provisions of this Act, or any commissioner elected to fill a vacancy created by said commissioner shall complete the term for which he or she was elected, which shall expire on December 31, 1994. The successor to said commissioner shall be elected at the general election of 1994 and shall take office on January 1, 1995, and until the successor is elected and qualified. The special primary shall nominate candi dates for commissioners to represent Commissioner Districts 1, 4, and 5 as such districts are described in this Act and candidates to succeed the at-large commissioner elected in the general election of 1988 to represent the entire area of DeKalb County, as set out in the local law effective immediately prior to the adoption of this Act by the General Assem bly and the approval of this Act by the Governor. On the date of the general election in November, 1992, a special election shall be held to elect commissioners to represent Com missioner Districts 1, 4, and 5 as such districts are described in this Act and a commis sioner to succeed the at-large commissioner elected in the general election of 1988 to represent the entire area of DeKalb County, as set out in the local law effective immedi ately prior to the adoption of this Act by the General Assembly and the approval of this Act by the Governor. Thereafter, successors shall be elected at the general election imme diately preceding the expiration of the term of office and shall take office on the first day of January immediately following election for terms of four years and until their successors are elected and qualified.
Section 5. (a) Subsection (a) of Section 4 of this Act and provisions reasonably nec essary to conduct the election of commissioners for DeKalb County in 1992 and the refer endum election for approval of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Subsection (b) of Section 4 of this Act shall become effective only upon certifica tion to the Secretary of State that the specified provisions of this Act were approved in the referendum election; otherwise, it shall be void and of no effect. Except for subsection (c) of Section 4 and provisions of this Act subject to subsection (a) of this section, all other provisions of this Act shall become effective on January 1, 1993.
(c) Subsection (c) of Section 4 of this Act shall become effective only upon certifica tion to the Secretary of State that this Act was not approved in the referendum election; otherwise it shall be void and of no effect.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Teper of the 46th moved that the House agree to the Senate substitute to HB 1577.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 2082.
By Representatives Oliver of the 53rd, Teper of the 46th and Irwin of the 57th:
A bill to amend an Act providing a supplement to the compensation expenses and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
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The following Senate amendment was read:
Amend HB 2082 by striking on line 27 of page 1 the word and symbol "salary," and inserting the following:
"salary." By striking on line 1 of page 2 the following:
"and $3,444.00."
Representative Oliver of the 53rd moved that the House agree to the Senate amend ment to HB 2082.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 2024.
By Representative Connell of the 87th:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the provisions limiting the succession in office of the mayor and council members.
The following Senate amendment was read:
Amend HB 2024 by striking line 27 of page 1 and lines 1 through 3 of page 2 and inserting the following:
"or herself in office; provided, however, that a mayor who has completed three or more consecutive three-year terms shall not be eligible to serve more than one additional consecutive term of four years until after the expiration of a period of four years; pro vided, further, that a mayor shall not be eligible to succeed himself or herself after the expiration of a second consecutive four-year term for a period of four years.'"
Representative Connell of the 87th moved that the House disagree to the Senate amendment to HB 2024.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 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.
Representative Thomas of the 69th moved that the House adhere to its position in substituting SB 260 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.
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The motion prevailed.
The Speaker has appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 69th, Oliver of the 53rd and Cauthorn of the 20th.
The following Resolutions of the House were read and adopted:
HR 1243. By Representatives Jenkins of the 80th and Smith of the 78th:
A resolution urging the Parks, Recreation, and Historic Sites Division of the Department of Natural Resources to study the situation involving boat docks on state owned lakes in state parks.
HR 1244. By Representatives Brooks of the 34th and McKinney of the 40th: A resolution expressing regret at the untimely passing of Mr. Hubert Strong.
HR 1245. By Representative Pettit of the 19th:
A resolution commending the City of Cartersville and Bartow County for its promotion of the GLAD Bag-A-Thon cleanup and recycling program.
HR 1246. By Representatives Kingston of the 125th, Pelote of the 127th, Bordeaux of the 122nd, Dixon of the 128th, Merritt of the 123rd and others:
A resolution commending Sheriff Walter Mitchell, Jr.
HR 1247. By Representative Kingston of the 125th: A resolution commending the Isle of Hope Volunteer Fire Department.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
HB 1812. By Representatives Groover of the 99th, Kilgore of the 42nd, Walker of the 115th, Irwin of the 57th, Sinkfield of the 37th and others:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for personnel of local school systems.
The President has appointed on the part of the Senate the following:
Senators Newbill of the 56th, Marable of the 52nd and Dawkins of the 45th.
The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:
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4251
SB 474. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the provisions relating to operating, navigating, steering, driving, or control ling of vessels, water skis, aquaplanes, surfboards, or similar devices while under the influence of alcohol or drugs, or both; to change the provisions relating to blood and other chemical tests; to provide for the liability of the owner of such vessel.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1657.
By Representative Hanner of the 131st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congres sional districts of Georgia.
Representative Thurmond of the 67th moved that the House postpone further consid eration for 30 minutes, to HB 1657.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams
Aiken Y Alford Y Ashe N Atkins Y Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield N Birdsong N Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks
Brown N Brush Y Buck N Buckner YByrd
N Campbell Y Canty
Y Carrell N Carter
Y Cauthorn Y Chafin Y Chambless N Cheeks Y Childers
N Clark.E Y Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M N Davis.D
Davis,G
Y Davis.M Y Dixon.H Y Dixon.S N Dobbs
Dover Dunn
N Edwards N Elliott N Felton
Fennel Y Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin E Green Y Greene Y Griffin N Groover E Hamilton Y Hammond Y Hanner N Harris.B N Harris.J
N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson N Jamieson Y Jenkins N Jones N Kilgore Y King Y Kingston N Klein NLadd Y Lane.D
Lane.R N Langford Y Lawrence Y Lawson NLee N Long
Lord Y Lucas NMann Y Martin Y McBee Y McCoy N McKelvey Y McKinney.B
McKinney.C N Meadows Y Merritt N Milam
Y Mills
Y Mobley Y Moody
N Morsberger N Moultrie N Mueller N Oliver.C
Y Oliver.M YOrr
Y Orrock Y Padgett N Parham Y Parrish Y Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston NPoag N Porter Y Poston Y Powell.A N Powell.C N Presley Y Purcell Y Randall NRay N Reaves
Redding N Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Y Sinkfield
N Skipper Y Smith.L Y Smith,P Y Smith.T N Smith,W Y Smyre YSnow N Stancil.F Y Stancil.S Y Stanley N Streat Y Taylor N Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts Y White
N Wilder Y Williams.B Y Williams.J N Williams.R
Yeargin Murphy.Spkr
On the motion, the ayes were 94, nays 72. The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
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JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:
SB 631. By Senator Edge of the 28th:
A bill to amend Code Section 13-10-21 of the Official Code of Georgia Anno tated, relating to the authorization and procedure for the creation and main tenance of escrow accounts by state or political subdivisions, so as to provide that in lieu of the retained amounts provided for in Code Section 13-10-20, any department, agency, or instrumentality of the state or any political sub division of the state shall insert a clause in the specifications of all contracts providing for an alternate procedure for the maintenance of an escrow account.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 1679.
By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Oliver of the 53rd and Martin of the 26th:
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 appeal is required, so as to provide for appeals from decisions of the appellate division of the State Board of Workers' Compensation; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for the rights of the employee or the employer to proceed against persons other than the employer who are liable for an employee's injury or death.
The following Senate substitute was read:
A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise extensively the provisions of such chapter; to pro vide for guidelines for impairment ratings; to provide for the rights of the employee or the employer to proceed against persons other than the employer who are liable for an employee's injury or death; to provide for subrogation liens; to provide for matters relative to actions against persons other than the employer; to provide for amounts which may be recovered by an employer; to provide for the payment of attorney's fees; to provide that a workers' compensation insurer shall not be authorized to settle a claim on behalf of an insured employer without giving prior notice to such employer; to provide for the assess ment of penalties and fines by the State Board of Workers' Compensation; to provide for the appointment and functions of the Workers' Compensation Advisory Council; to estab lish the trial division and appellate division of the State Board of Workers' Compensation; to provide for the functions and authority of the trial and appellate divisions; to provide for the publication, distribution, and posting of a summary relative to the rights, benefits, and obligations of the chapter; to revise provisions relative to hearings; to revise provisions relating to a change in condition; to revise provisions relative to attorney's fees; to restrict certain advertisements by attorneys; to provide for the submission of an experience modifi cation worksheet to an insured employer; to provide for rules and regulations regarding criteria used in determining assigned risks; to revise provisions relative to rehabilitation benefits; to revise the definition of catastrophic injury; to revise provisions relative to the panel of physicians; to provide for the release of certain medical records and information and for waivers of confidentiality relative to such records and information; to provide for
TUESDAY, MARCH 31, 1992
4253
reductions in the amount of compensation an employer is entitled to pay; to revise bene fits payable for total disability and temporary partial disability; to increase the compensa tion paid for death resulting from an injury; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (5) of Code Section 34-9-1, relating to definitions, and inserting in its place a new paragraph (5) to read as follows:
"(5) In all cases arising under this chapter, any percentage of disability or bodily loss ratings shall be based upon 'Guides to the Evaluation of Permanent Impairment' pub lished by the American Medical Association or any other recognized medical books or
Section 2. Said chapter is further amended by adding immediately following Code Section 34-9-11, relating to the exclusively of rights and remedies granted to employees under said chapter, a new Code Section 34-9-11.1 to read as follows:
"34-9-11.1. (a) When the injury or death for which compensation is payable under this chapter is caused under circumstances creating a legal liability against some person other than the employer, the injured employee or those to whom his right of action sur vives at law may pursue the remedy by proper action in a court of competent jurisdic tion against such other persons, except as precluded by Code Section 34-9-11 or otherwise.
(b) In the event of recovery against such other person as contemplated in subsection (a) of this Code section, and the employer's liability under this chapter has been fully or partially paid, then the employer shall have a subrogation lien, not to exceed the actual amount of compensation paid pursuant to this chapter, against such recovery. The employer may intervene in any action to protect and enforce such lien. However, the employer's recovery under this Code section shall be limited to the recovery of the amount of disability benefits and medical expenses paid under this chapter.
(c) Such action against such other person by the injured employee or those to whom his right of action survives must be instituted in all cases within one year from the date of injury. Failure on the part of the injured employee or those to whom his right of action survives to bring such action within the one-year period shall operate as an assignment to the employer of any cause of action in tort which the injured employee or those to whom his right of action survives may have against any other person for such injury or death, and such employer may enforce same in its name or in the name of the injured employee or in the name or names of those to whom the right of action survives for such employer's benefit. However, the employer may not retain any amount in excess of the limit of recovery allowed under subsection (b) of this Code section, and any net recovery in excess of that limit shall be paid over to the injured employee or those to whom the right of action survives. The employer shall have one year after such assign ment within which to commence the action; provided, however, that if the cause of action described in subsection (a) of this Code section arises in a jurisdiction other than Georgia which has a statute of limitations for personal injury or wrongful death actions greater than the statute of limitations provided in this Code section, then the court hearing the cause of action shall apply the statute of limitation which provides the injured employee or those to whom his right of action survives the greatest amount of time in which to institute an action.
(d) In the event of a recovery from such other person by the injured employee or those to whom such employee's right of action survives by judgment, settlement, or oth erwise, the attorney representing such injured employee or those to whom such employee's right of action survives shall be entitled to a reasonable fee for services; pro vided, however, that if the employer has engaged another attorney to represent the employer in effecting recovery against such other person, then a court of competent jurisdiction shall upon application apportion the reasonable fee between the attorney for the injured employee and the attorney for the employer in proportion to services ren dered. The provisions of Code Sections 15-19-14 and 15-19-15 shall apply."
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Section 3. Said chapter is further amended by striking Code Section 34-9-15, relat ing to the procedure for settlement between parties generally, and inserting in its place a new Code Section 34-9-15 to read as follows:
"34-9-15. Nothing contained in this chapter shall be construed so as to prevent set tlements made by and between the employee and employer but rather to encourage them, so long as the amount of compensation and the time and manner of payment are in accordance with this chapter. A workers' compensation insurer shall not be authorized to settle a claim on behalf of its insured employer without giving prior notice to such employer of the terms of the settlement agreement. A copy of any such settlement agreement shall be filed by the employer with the board, and no such settlement shall be binding until approved by the board. Whenever it shall appear to the board, by stip ulation of the parties or otherwise, that there is a bona fide dispute as to facts, the determination of which will materially affect the right of the employee or dependent to recover compensation or the amount of compensation to be recovered, or that there is a genuine dispute as to the applicability of this chapter, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts or to the questions as to the applicability of this chapter, then, upon such determination, the board shall approve the settlement and enter an award conforming to the terms thereof even though such settlement may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to recover compensation. When such settlement has been agreed upon and approved by the board, it shall constitute a complete and final disposition of all claims on account of the incident, injury, or injuries referred to therein, and the board shall not be authorized to enter upon any award subsequent to such board approval amend ing, modifying, or changing in any manner the settlement, nor shall the settlement be subject to review by the board under Code Section 34-9-104."
Section 4. Said chapter is further amended by striking Code Section 34-9-16, relating to questions to be settled by the members of the board, in its entirety and inserting in its place a new Code Section 34-9-16 to read as follows:
"34-9-16. All questions arising under this chapter shall be determined by the trial division and the appellate division of the board if the interested parties cannot reach an agreement which is approved by the board."
Section 5. Said chapter is further amended by striking Code Section 34-9-18, relating to the assessment of civil penalties by the board, in its entirety and inserting in its place a new Code Section 34-9-18 to read as follows:
"34-9-18. (a) Any employer er insurer person who willfully fails to file any form or report required by the board, fails to follow any order or directive of the board or any of its members or administrative law judges, or violates any rule or regulation of the board shall be assessed a civil penalty of not less than $100.00 nor more than $1,000.00 per violation.
(b) Any penalty assessed under subsection (a) of this Code section shall be final unless within ten days of the date of the assessment the employer or insurer person fined files a written request with the board for a hearing on the matter."
Section 6. Said chapter is further amended by adding immediately following Code Section 34-9-40, relating to the establishment of the State Board of Workers' Compensa tion, a new Code Section 34-9-40.1 to read as follows:
"34-9-40.1. (a) There is created and established a Workers' Compensation Advisory Council to be composed of ten members as provided in this subsection. The Governor shall appoint three members from the general public, one of whom shall represent the interests of labor, one of whom shall represent the interests of management, and one member who shall not represent any particular interest. The members appointed by the Governor shall serve for terms of four years beginning January 1, 1993. The Speaker of the House of Representatives shall appoint three members of the House of Representa tives to serve on the advisory council for terms running concurrently with their terms
TUESDAY, MARCH 31, 1992
4255
of office. The Lieutenant Governor shall appoint three members of the Senate to serve on the advisory council for terms running concurrently with their terms of office. The chairman of the State Board of Workers' Compensation shall serve as an ex officio mem ber of the advisory council.
(b) The members of the advisory council shall elect a member other than the chair man of the State Board of Workers' Compensation to serve as chairman of the council. The advisory council shall aid the members of the State Board of Workers' Compensa tion in formulating policies and discussing problems related to the administration and operation of this chapter.
(c) The members of the advisory council shall serve without compensation."
Section 7. Said chapter is further amended by striking in its entirety Code Section 34-9-47, relating to appointment and powers of administrative law judges, which reads as follows:
"34-9-47. The board may appoint administrative law judges from time to time as needed to carry out all duties assigned by the board. Administrative law judges shall serve as hearing officers and exercise judicial functions in implementing this chapter and shall have the power to subpoena witnesses and administer oaths and may take testi mony in such cases as the board may deem proper. An administrative law judge so hear ing a case shall make the award just as would a member of the board as provided elsewhere in this chapter, such award to be subject to review and appeal as is the award of a single member of the board. The members of the board or administrative law judges or any one of them may hold such sessions as may be deemed necessary at any place within the state, subject to the other provisions of this chapter. Administrative law judges may be appointed by the board to serve as a member of the board to review cases on appeal; however, not more than one administrative law judge shall serve as a member of the board on any case. All deputy directors of the board serving on July 1, 1988, shall thereafter be known as administrative law judges.", and inserting in its place a new Code Section 34-9-47 to read as follows:
"34-9-47. (a) There is created and established within the State Board of Workers' Compensation a trial division and an appellate division, which shall exercise judicial functions in implementing this chapter.
(b) The appellate division shall be composed of the three members of the board who shall serve as appellate administrative law judges. The chairman of the board shall serve as chief administrative law judge of the appellate division.
(c) The trial division shall be composed of administrative law judges appointed by the board who shall serve as hearing officers and exercise judicial functions in imple menting this chapter. Administrative law judges shall have the power to subpoena wit nesses and administer oaths and may take testimony in those cases brought before the board. An administrative law judge hearing a case shall make an award, subject to review and appeal as provided in this chapter.
(d) The appellate division and trial division of the board may hold such sessions as may be deemed necessary at any place within the state, subject to other provisions of this chapter."
Section 8. Said chapter is further amended by striking Code Section 34-9-48, relating to the designation of members as administrative law judges, in its entirety and inserting in its place a new Code Section 34-9-48 to read as follows:
"34-9-48. All members of the board are designated as appellate administrative law judges in the appellate division of the State Board of Workers' Compensation for the purposes of serving as hearing officers and exercising judicial functions in the implemen tation of this chapter."
Section 9. Said chapter is further amended by striking Code Section 34-9-81.1, relat ing to the duty of the State Board of Workers' Compensation to provide injured workers with notice of rights, benefits, and obligations, in its entirety and inserting in its place a new Code Section 34-9-81.1 to read as follows:
o4~y-o.iti. vjU upon receipt or notice of injury IFOHI tiic employer, ft& provifled ift
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JOURNAL OF THE HOUSE,
trie DOflPu slift11 fts soon fts ppftcticflDI provicro tfte injured woritcr witft ftoticc or his or her rights, benefits, and obligations under this chapter together with brief explanation
1084. The board shall provide by rule for the publication of a summary of the rights, benefits, and obligations under this chapter and the distribution of such summary to employers and employees in this state. The board shall provide by rule for the display of such summary by employers in locations accessible to employees.
(b) Any person who fails or refuses to comply with a rule of the board promulgated pursuant to subsection (a) of this Code section shall be subject to an administrative fine not to exceed $1,000.00."
Section 10. Said chapter is further amended by striking subsections (a) and (c) of Code Section 34-9-102, relating to hearings before an administrative law judge, in their entirety and inserting in their respective places new subsections (a) and (c) to read as fol lows:
"(a) Notice of hearing. The hearing shall be held as soon as practicable; provided, however, no hearing shall be scheduled less than 30 days nor more than 60 days from the date of the hearing notice."
"(c) Authority of administrative law judge. The administrative law judge conducting the hearing shall have, in addition to all powers necessary to implement this chapter, the following powers: to administer oaths and affirmations, to issue subpoenas, to rule upon offers of proof, to regulate the course of the hearing, to set the time and place for continued hearings, to fix the time for filing briefs, to dispose of motions to dismiss for lack of board jurisdiction, to rule on requests for continuance, to add or delete parties with or without motion, to issue interlocutory orders, to rule upon or dispose of all other motions, to appoint guardians under Code Section 34-9-226, and to reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the administrative law judge2 and to require any party to provide the board with the name of its legal representative, if any, within 2JI days from the date of the hearing notice."
Section 11. Said chapter is further amended by striking subsection (a) of Code Sec tion 34-9-104, relating to the modification of an award or order contained in a prior deci sion in the event of a change in condition, and inserting in its place a new subsection (a) to read as follows:
"(a) (1) As used in this Code section, the term 'change in condition' means a change in the wage-earning capacity, physical condition, or status of an employee or other beneficiary covered by this chapter, which change must have occurred after the date on which the wage-earning capacity, physical condition, or status of the employee or other beneficiary was last established by award or otherwise.
(2) In addition to the provisions of paragraph (1) of this subsection, when an injury is not catastrophic, as defined in subsection (g) of Code Section 34-9-200.1, and the employee is not working, a change in condition for the better shall occur and the employee shall be entitled to the payment of benefits for partial disability in accord ance with Code Section 34-9-262 as of the fifty-third week following the first release of the employee by a duly qualified physician to return to work with restrictions."
Section 12. Said chapter is further amended by striking Code Section 34-9-108, relating to the approval of attorney's fees by the State Board of Workers' Compensation, in its entirety and inserting in its place a new Code Section 34-9-108 to read as follows:
"34-9-108. (a) The fee of an attorney for service to a claimant in an amount of more than $100.00 shall be subject to the approval of the board, and no attorney shall be entitled to collect any fee or gratuity in excess of $100.00 without the approval of the board. The board shall approve no fee of an attorney for services to a claimant in excess of 25 percent of the claimant's award of weekly benefits or settlement; provided, however, if the claimant suffered a catastrophic injury, as defined iri Code Section 34-9-200.1, and the award was based upon a weekly benefit amount in excess of the maximum weekly benefit provided for noncatastrophic injuries, attorney's fees shall be
TUESDAY, MARCH 31, 1992
4257
computed as if the claimant received a weekly benefit amount equal to the maximum weekly benefit provided for noncatastrophic injuries.
(b) (1) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may assess the adverse attorney's fee against the offending party.
complied witn and & claimant engages tne services of an attorney TO cniorcc nis rignts under that Code section and th claimant prevails, tne reasonable fee of the attorney,
(3) (2) Any assessment of attorney's fees made under this subsection shall be in addition to the compensation ordered. (c) An attorney shall not advertise to render services to a potential claimant when he or she or his or her firm does not intend to render said services and shall not divide a fee for legal services with another attorney who is not a partner m or associate of his or her law firm or law office, unless:
(1) The client consents to employment of the other attorney after a full disclosure that a fee division will be made;
(2) The division is made in proportion to the services performed and the responsi bility assumed by each; and
(3) The total fee of the attorneys does not clearly exceed reasonable compensation for all legal services such attorneys rendered to the client."
Section 13. Said chapter is further amended by adding immediately following Code Section 34-9-130.1, relating to policies or contracts of workers' compensation insurance, a new Code Section 34-9-130.2 to read as follows:
"34-9-130.2. When a licensed rating organization issues an insured's experience modi fication worksheet to the insured's workers' compensation insurance company, the insur ance company shall submit a copy of the worksheet to the insured at the time any premium invoice utilizing the experience modification in the worksheet is submitted to the insured."
Section 14. Said chapter is further amended by adding immediately following Code Section 34-9-133, relating to the apportionment and assignment of rejected risks, a new Code Section 34-9-133.1 to read as follows:
"34-9-133.1. The Commissioner of Insurance, in consultation with the State Board of Workers' Compensation, shall issue and promulgate rules and regulations which shall delineate those criteria that the insurers shall use in determining whether or not to issue the workers' compensation insurance to an employer."
Section 15. Said chapter is further amended by striking Code Section 34-9-200.1, relating to rehabilitation benefits, in its entirety and inserting in its place a new Code Sec tion 34-9-200.1 to read as follows:
"34-9-200.1. (a) The employer shall furnish the employee entitled te benefits under this chapter compensation for costs ef auch rehabilitation benefits which m the judg mcnt Or tnc otatc 0oaru of w orlicrs Compensation snail ee rcasona uly required and appear likely te rcatorc the employee te suitable employment. The coats ef- rehabilitation fer the employee's restoration te suitable employment while away from the employee's
9no.ll not exceed ^yo WCCKS unless m tne JUQmeirt of tfte Dosrd 8n exten sion of ssid period is reQ iiireo. &nd Eippcflrs iiKeiy TO 'fcstore tne employee TO suitQDic employment. The board may require recommendations from a panel of apccialiata sppomted oy tne ooflrd tft d e te~pfci i n i n ^ wnetner of not tfte extensiOR ot trie zte weeK period is justified. In the event of a catastrophic injury, the employer shall furnish the employee entitled to benefits under this chapter with reasonable and necessary rehabili tation services. The employer either shall appoint a registered rehabilitation supplier or give reasons why rehabilitation is not necessary within 48 hours of the employer's acceptance of the injury as compensable or notification of a final determination of
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JOURNAL OF THE HOUSE,
compensability, whichever occurs later. If it is determined that rehabilitation is required
under this Code section, the employer shall have a period of 15 days from the date of
notification of that determination within which to select a rehabilitation supplier. If the
employer fails to select a rehabilitation supplier within such time period, a rehabilitation
supplier will be appointed by the board to provide services at the expense of the
employer. _Th_e _re_ha_b_il_ita_t_io_n su lier appointed to a catastrophic injury case shall have
the exi Ttise which, in the judgment of the board, is necessary to provide rehabilitation
services in such case.
(b) (1) The
its insurer snfl.ll ssscss trie injured employ ee~s need for
rehabilitation within 90 daya ef notification ef injury. The employer er its insurer
employee and the board en forms prescribed by the board. 43)--if the employer ef its insurer has net appointed a rehabilitation supplier within
the 96 day period, any party may petition the board for an assessment of the rehabili tation needs of the injured employee aneh if appropriate, the appointment ef a rcha-
proposed PCfifluilitfltion supprteF. Aii psrtics sitictn Rsve xo1 dsys trom tne dste siiown
necessity ef rehabilitation ef request the designation ef a different supplier. T-he beard shall then determine whether rehabilitation is necessary and- MV vet the judgment ef- the-
employment, the ooflpd snsll desijjnflte ft supplier requested oy eitftcr of the p&Fties ef a supplier ef the board's choosing.
restore the employee te suitable employment, a rehabilitation supplier shall- be appointed pursuant te paragraph (i) er (3) ef this subsection.
{4} (b) A change in the designated rehabilitation supplier shall be made only with approval of the board. Any party to the case may request the board for a change in rehabilitation supplier. The request shall be in a form and manner prescribed by rule of the board and copies of the request shall be served on all parties and each involved rehabilitation supplier. Written objections to the request for a change in rehabilitation supplier may be filed with the board during the 15 day period following the date shown on the certificate of service and the board shall resolve such objections.
\G)--t/pon fetjuest of ftn employee OF 8n employer, tne DOflPd msy, tft its jud^mcnrj
to tile rctjuestj order dddition.3.1 rcnflDilitfltion Deneiits ift excess of ~zfo wcelcsj sucn cflSBj trie expenses sfi8.il i&e Dome Dy tne employer upon tne ssme torins flno condi"
{d) (c) The refusal of the employee without reasonable cause to accept rehabilita tion shall entitle the board in its discretion to suspend or reduce the compensation oth erwise payable to such employee unless, in the opinion of the board, the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified.
4e) (d) Fees of rehabilitation suppliers and the reasonableness and necessity of their services shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board. No rehabilitation supplier shall bill an employee for authorized rehabilitation services. The board may require recommendations from a panel of appropriate peers of the rehabilita tion supplier in determining whether the fees submitted and necessity of services ren dered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may con sider.
TUESDAY, MARCH 31, 1992
4259
{} (e) Failure of the employee's attorney to cooperate with the rehabilitation sup plier may result in the suspension or reduction of the fees provided in Code Section 34-9-108 if, in the judgment of the board, the failure to cooperate hindered the restora tion of the employee to suitable employment.
{g} (f) Any rehabilitation supplier shall hold one of the following certifications or licenses:
(1) Certified Rehabilitation Counselor (CRC); (2) Certified Insurance Rehabilitation Specialist (CIRS); (3) Certified Rehabilitation Registered Nurse (CRRN); (4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or (5) Licensed Professional Counselor (LPC) and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilita tion supplier, to assess penalties as provided under Code Section 34-9-21 against a reha bilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educa tional standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter. {h} (g) 'Catastrophic injury' means any injury which is one of the following: (1) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk; (2) Multiple amputation Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage; (3) Severe brain or closed head injury as evidenced by:
(A) Severe sensory or motor disturbances; (B) Severe communication disturbances; (C) Severe complex integrated disturbances of cerebral function; (D) Severe disturbances of consciousness; or (E) Severe episodic neurological disorders; (4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands; or (5) Total or industrial blindness; er . {)--Any other injury determined te be catastrophic i nature by the board.
ftppoint s registered fOiYstulitfltion supplier wrtriin 4o noups ot notiticfttion OT the ittjtiry. The rehabilitation supplier appointed to a catastrophic injury case shall have the exper tise which, in the judgment of the board, is necessary to provide rehabilitation services in such case."
Section 16. Said chapter is further amended by striking subsection (b) of Code Sec tion 34-9-201, relating to the selection of a physician from a panel of physicians, and inserting in its place a new subsection (b) to read as follows:
"(b) The employer shall maintain a list of at least four physicians or professional associations or corporations of physicians who are reasonably accessible to the employ ees. At least one of the physicians must practice the specialty of orthopedic surgery. Not more than two of the physicians on the panel shall be industrial clinics. The employer shall post this list, to be known as the 'panel of physicians,' in a prominent place or in prominent places upon the business premises and otherwise take all reasonable mea sures to ensure that employees:
(1) Understand the function of the panel and the employee's right to select a phy sician therefrom in case of injury; and
(2) Are given appropriate assistance in contacting panel members when necessary."
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JOURNAL OF THE HOUSE,
Section 16.1. Said chapter is further amended by adding to Code Section 34-9-201, relating to the selection of a physician from a panel of physicians, a new subsection (f) to read as follows:
"(f) The board shall promulgate rules and regulations to ensure, whenever feasible, the participation of minority physicians on panels of physicians maintained by employ ers pursuant to this Code section."
Section 17. Said chapter is further amended by adding immediately following Code Section 34-9-206, relating to reimbursement of a group insurance company for costs of medical treatment, a new Code section, to be designated Code Section 34-9-207, to read as follows:
"34-9-207. (a) When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, that employee shall be deemed to have waived any privilege or confi dentiality concerning any communications related to the claim or history or treatment of injury arising from the incident that the employee has had with any physician, including, but not limited to, communications with psychiatrists or psychologists. Not withstanding any other provision of law to the contrary, when requested by the employer any physician who has examined, treated, or tested the employee or consulted about the employee shall provide within a reasonable time and for a reasonable charge all information and records related to the examination, treatment, testing, or consulta tion concerning the employee.
(b) When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, the employee shall provide the employer with a signed release for medical records and information related to the claim or history or treatment of injury arising from the incident, including information related to the treatment for any mental condi tion or drug or alcohol abuse. Said release shall designate the provider and shall state that it will expire on the date of the hearing. If the employee refuses to provide a signed release for medical information as required by this subsection, any weekly income bene fits being received by the employee shall be suspended and no hearing shall be sched uled at the request of the employee until such signed release is provided."
Section 18. Said chapter is further amended by striking Code Section 34-9-243, relating to the effect of compensation payments made when not due, in its entirety, and inserting in its place a new Code Section 34-9-243 to read as follows:
"34-9-243. (a) The payment by the employer or the employer's workers' compensa tion insurance carrier to the employee or to any dependent of the employee of any bene fit when not due or of salary or wages during the employee's disability shall be credited against any payments of weekly benefits due; provided, however, that such credit shall not exceed the aggregate amount of weekly benefits due under this chapter.
(b) Except as otherwise provided in this Code section, the employer's obligation to pay or cause to be paid weekly benefits under Code Section 34-9-261 or 34-9-262 shall be reduced by the following amounts:
(1) The employer funded portion of payments received or being received by the employee pursuant to a disability plan, a wage continuation plan, or from a disability insurance policy established or maintained by the same employer from whom benefits under Code Section 34-9-261 or 34-9-262 are claimed if the employee did contribute directly to such a plan or policy. The employer funded portion shall be based upon the ratio of the employer's contributions to the total contributions to such plan or pol icy;
(2) The amount of the disability or wage continuation payments provided in a pension or retirement plan received or being received by the employee pursuant to such plan or program established or maintained by the same employer for whom bene fits under Code Section 34-9-261 or 34-9-262 are claimed if the employee did not con tribute directly to the pension or retirement plan or program;
(3) The employer funded portion of the disability or wage continuation payments provided in a pension or retirement plan received or being received by the employee
TUESDAY, MARCH 31, 1992
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pursuant to such plan or program established or maintained by the same employer for whom benefits under Code Section 34-9-261 or 34-9-262 are claimed if the employee did contribute directly to the pension or retirement plan or program. The employer funded portion shall be based upon the ratio of the employer's contributions to the total contributions to the plan or program;
(4) The employer funded portion of disability or wage continuation payments pro vided for in a qualified profit-sharing plan under Section 401(k) of the federal Inter nal Revenue Code or any successor to Section 401 (k) of the federal Internal Revenue Code covering a profit-sharing plan which provides for the payment of benefits only upon retirement, disability, death, or other separation of employment to the extent the benefits are vested under the plan. The employer funded portion of the benefits vested under the plan shall be based upon the ratio of the employer's contributions to the total contributions made to the plan. Once the employer funded portion of the plan is established, this sum shall be offset and credited against benefits provided under Code Section 34-9-261 or 34-9-262, provided the plan was funded in part by the same employer from whom such benefits are claimed; and
(5) The full amount of any unemployment benefits the employee has received or is receiving during any period in which benefits under Code Section 34-9-261 or Code Section 34-9-262 are claimed; however, the employer shall place the employment secu rity agency on notice of the employee's workers' compensation claim, and, in the event it is determined that the employee received an overpayment of benefits under the Employment Security Act, then the employment security agency may seek reimburse ment directly from the employer to the extent of the credit taken by the employer under this subsection. (c) The credit or reduction of benefits provided in subsection (b) of this Code section shall only be made for those amounts which the employee is entitled to, has received, or is receiving during any period in which benefits under Code Section 34-9-261 or 34-9-262 are claimed. (d) The State Board of Workers' Compensation shall promulgate rules for establish ing proof of the existence of other benefits. The employer, its insurance carrier, and the employee shall freely release information to each other and the State Board of Workers' Compensation that is material and relevant to the existence of benefits which may be coordinated with entitlements and obligations under this chapter.
(e) The employer or insurance carrier taking a credit or making a reduction jis pro vided in this Code section shall immediately report to the State Board of Workers' Com pensation the amount of any credit or reduction and, as requested by the board, furnish to the board satisfactory proof of the basis for a credit or reduction.
(f) Nothing in this Code section shall be construed to compel an employee to apply for early social security retirement benefits or to apply for early or reduced pension or retirement benefits.
(g) Subsection (b) of this Code section shall not apply to payments made to an employee under Code Section 34-9-263 for any permanent partial or total disability."
Section 19. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, in its entirety and inserting in its place a new Code Section 34-9-261 to read as follows:
"34-9-261. (a) Except as provided in subsection (b) of this Code section, while the disability to work resulting from an injury is temporarily total the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $176.00 $250.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsec tion (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as defined by this chapter.
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Jtdy 1-, M90; the maximum weekly benefit ahaH be $226.00. (b) In the event of a catastrophic injury, as defined in subsection (g) of Code Section
34-9-200.1, the weekly benefit shall equal two-thirds of the employee's average weekly wage, but no more than $450.00 per week or less than $25.00 per week provided, how ever with respect to an injury defined in paragraph (2) of subsection (g) of Code Section 34-9-200.1, if total disability does not result the benefit payments shall be limited to 400 weeks."
Section 20. Said chapter is further amended by striking Code Section 34-9-262, relating to benefits for temporary partial disability, in its entirety and inserting in its place a new Code Section 34-9-262 to read as follows:
"34-9-262. {ft} Except as otherwise provided in Code Section 34-9-263 and at sabscetion fb) ef this Code section, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $117.00 $175.00 per week for a period not exceed ing 350 weeks from the date of injury.
{fe}--With fcapcct te temporary partial disability rcoulting from tat accident occurring en er after July 4-; 1000, the maximum weekly benefit sfeaH be $160.00."
Section 21. Said chapter is further amended by striking subsection (d) of Code Sec tion 34-9-265, relating to payment of compensation for death resulting from injury, in its entirety and inserting in its place a new subsection (d) to read as follows:
"(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $66,000.00 $100,000.00."
Section 22. 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 Murphy of the 18th move to amend the Sen ate substitute to HB 1679 by adding on line 5 of page 1 after the word "employer" and before the word "to" the following:
"or its insurer".
By adding on line 10 of page 1 after the word "employer" and before the semicolon the following:
"or its insurer".
By adding on line 26 of page 1 after the semicolon and before the word "to" the fol lowing:
"to provide for the annual disclosure of certain information by workers' compensation insurers;".
By striking lines 28 and 29 of page 1 and inserting in lieu thereof the following:
"insured employer; to provide for factors to be considered in applying experience mod ification factors; to revise provisions relative to the apportioning and assignment of rejected risks; to".
By striking the word "entitled" on line 7 of page 2 and inserting in lieu thereof the word "required".
TUESDAY, MARCH 31, 1992
4263
By adding on line 11 of page 2 after the word and symbol "foregoing;" and before the word "to" the following:
"to provide an effective date;"
By striking lines 8 through 34 of page 3 and lines 1 through 28 of page 4 and inserting in lieu thereof the following:
"(b) In the event of recovery against such other person as contemplated in subsec tion (a) of this Code section, and the employer's liability under this chapter has been fully or partially paid, then the employer or such employer's insurer shall have a subro gation lien, not to exceed the actual amount of compensation paid pursuant to this chapter, against such recovery. The employer or insurer may intervene in any action to protect and enforce such lien. However, the employer's or insurer's recovery under this Code section shall be limited to the recovery of the amount of disability benefits and medical expenses paid under this chapter and shall only be recoverable if the injured employee has been fully and completely compensated, taking into consideration both the benefits received under this chapter and the amount of the recovery in the third-party claim, for all economic and noneconomic losses incurred as a result of the injury.
(c) Such action against such other person by the injured employee or those to whom his right of action survives must be instituted in all cases within one year from the date of injury. Failure on the part of the injured employee or those to whom his right of action survives to bring such action within the one-year period shall operate as an assignment to the employer or such employer's insurer of any cause of action in tort which the injured employee or those to whom his right of action survives may have against any other person for such injury or death, and such employer or insurer may enforce same in its name or in the name of the injured employee or in the name or names of those to whom the right of action survives for such employer's benefit. How ever, the employer or insurer may not retain any amount in excess of the limit of recov ery allowed under subsection (b) of this Code section, and any net recovery in excess of that limit shall be paid over to the injured employee or those to whom the right of action survives. The employer or such employer's insurer shall have one year after such assignment within which to commence the action; provided, however, that if the cause of action described in subsection (a) of this Code section arises in a jurisdiction other than Georgia which has a statute of limitations for personal injury or wrongful death actions greater than the statute of limitations provided in this Code section, then the court hearing the cause of action shall apply the statute of limitation which provides the injured employee or those to whom his right of action survives the greatest amount of time in which to institute an action.
(d) In the event of a recovery from such other person by the injured employee or those to whom such employee's right of action survives by judgment, settlement, or oth erwise, the attorney representing such injured employee or those to whom such employee's right of action survives shall be entitled to a reasonable fee for services; pro vided, however, that if the employer or insurer has engaged another attorney to repre sent the employer or insurer in effecting recovery against such other person, then a court of competent jurisdiction shall upon application apportion the reasonable fee between the attorney for the injured employee and the attorney for the employer or insurer in proportion to services rendered. The provisions of Code Sections 15-19-14 and 15-19-15 shall apply.'"
By striking lines 32 and 33 of page 11 and lines 1 through 9 of page 12 and inserting in lieu thereof the following:
"(2) When an injury is not catastrophic, as defined in subsection (g) of Code Section 34-9-200.1, and the employee is not working, the board shall determine that a change in condition for the better has occurred and the employee shall be entitled to the pay ment of benefits for partial disability in accordance with Code Section 34-9-262 if it is determined that the employee has been capable of performing work with limitations or restrictions for 52 consecutive weeks. Within 60 days of the employee's release to return
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JOURNAL OF THE HOUSE,
to work with restrictions or limitations, the employee shall receive notice from the employer on a form provided by the board that will inform the employee that he or she has been released to work with limitations or restrictions, will include an explanation of the limitations or restrictions, and will inform the employee of the general terms of this Code section. In no event shall an employee be eligible for more than 78 aggregate weeks of benefits for total disability while such employee is capable of performing work with limitations or restrictions. No provision of this paragraph shall be interpreted to prevent a change in condition from occurring pursuant to paragraph (1) of this subsection or to prevent an employee from becoming eligible for benefits for total disability should such employee subsequently become totally disabled after exhausting 52 consecutive weeks or 78 aggregate weeks of such benefits while capable of performing work with limitations or restrictions. Whenever an employer seeks to convert an employee from benefits for total disability to benefits for partial disability as provided in this paragraph, such employer may convert the benefits unilaterally by filing a form indicating the reason for the conversion as prescribed by rule of the board.'".
By striking the semicolon at the end of line 22 of page 12 and inserting in lieu thereof a period.
By striking lines 23 through 30 of page 12 in their entirety.
By striking lines 4 through 12 of page 13 and inserting in lieu thereof the following:
"(2) If any provision of Code Section 34-9-221, without reasonable grounds, is not complied with and a claimant engages the services of an attorney to enforce his or her rights under that Code section and the claimant prevails, the reasonable quantum meruit fee of the attorney, as determined by the board, and the costs of the proceedings may be assessed against the employer.
(3) Any assessment of attorney's fees".
By striking lines 31 through 33 of page 13 and lines 1 through 19 of page 14 and inserting in lieu thereof new Sections 13 and 14 to read as follows:
"Section 13. Said chapter is further amended by striking Code Section 34-9-133, relat ing to the apportionment and assignment of rejected risks, in its entirety and inserting in its place a new Code Section 34-9-133 to read as follows:
'34-9-133. The board shall prescribe the rules and regulations for apportioning rejected workers' compensation policies and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Commissioner of Insurance is authorized to establish or approve a method to apportion on a pro rata basis any rejected workers' compensation policy where four insurers duly authorized to write workers' compensation insurance refused, in writing, to issue the workers' compensation policy to cover said risk or where the agent for the applicant for such insurance confirms in writing to the four insurers their refusal to cover said risk. In formulating this method of assignment, a minimum loss ratio will be considered by the Commissioner of Insurance. Then, such established or approved method shall immedi ately assign an insurer to write such risk. The Commissioner shall establish separate categories of risks rejected as the result of insufficient prior workers' compensation experience, risks rejected for factors other than workers' compensation loss experience, and risks rejected as the result of poor workers' compensation experience. Where such assignment has been made under the aforementioned method, the board shall not make the assignment.' Section 14. Said chapter is further amended by adding following Code Section 34-9-134, relating to appeals from certain decisions, new Code Sections 34-9-135, 34-9-136, and 34-9-137 to read as follows:
'34-9-135. (a) Each workers' compensation insurer shall disclose on or before March 1 of each year its costs, as provided in subsection (c) of this Code section, for the preceding calendar year.
TUESDAY, MARCH 31, 1992
4265
(b) The disclosure required by this Code section shall be in the form prescribed by the Commissioner of Insurance and shall be filed with the Commissioner of Insur ance.
(c) The disclosure required by this Code section shall include at a minimum the workers' compensation insurer's total underwriting costs, administrative costs, legal defense costs, reserves, payments from reserves for claims, payments to the insurer from reserves, payments for medical benefits on behalf of employees pursuant to this chapter, payments for rehabilitation benefits on behalf of employees pursuant to this chapter, payments for weekly benefits to employees pursuant to this chapter, lump sum payments made to employees pursuant to this chapter, and payments to employ ees' attorneys made pursuant to this chapter, and the amounts of any taxes, fees, or assessments required by law.
34-9-136. Before an insurance company is authorized to submit statistical data on an employer to any licensed rating organization for purposes of determining the employer's experience modification factor, the insurance company must verify with the employer the accuracy of the data. In so verifying, the insurance company shall pro vide to the employer: (1) the data to be submitted; and (2) a statement in boldface type, to be signed by an authorized representative of the employer, and submitted by the insurance company to the licensed rating organization along with the statistical data. Said statement shall indicate that the statistical data to be submitted have been reviewed by the authorized representative of the employer; that said data are accurate; and that an insurance company representative has explained to the employer's repre sentative that the statistical data to be submitted may affect the employer's premium for workers' compensation insurance coverage.
34-9-137. Whenever an experience modification factor is applied to the premium of an employer's policy of workers' compensation insurance, consideration shall be given to any amounts recovered by such employer or its insurer pursuant to Code Section 34-9-11.1, relating to rights of action against third parties and subrogation.'".
By striking lines 12 through 33 of page 19 and lines 1 and 2 of page 20 and inserting in lieu thereof the following:
"$*} (g) 'Catastrophic injury' means any injury which is one of the following:
(1) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk; (2) Multiple amputation Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage; (3) Severe brain or closed head injury as evidenced by:
(A) Severe sensory or motor disturbances; (B) Severe communication disturbances; (C) Severe complex integrated disturbances of cerebral function; (D) Severe disturbances of consciousness; (E) Severe episodic neurological disorders; or (F) Other conditions at least as severe in nature as any condition provided in subparagraphs (A) through (E) of this paragraph. (4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands; (5) Total or industrial blindness; or (6) Any other injury determined te be catastrophic m nature by the board. Any other injury of a nature and severity as has qualified or would qualify an employee to receive disability income benefits under Title II or supplemental security income benefits under Title XVI of the Social Security Act as such Act exists on July 1 1992, without regard to any time limitations provided under such Act.".
By renumbering Sections 16.1 and 17 as Sections 17 and 18, respectively.
By adding between lines 15 and 16 of page 22 a new Section 19 to read as follows:
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JOURNAL OF THE HOUSE,
"Section 19. Said chapter is further amended by striking subsection (b) of Code Sec tion 34-9-221, relating to the payment of income benefits and the procedure for contro verting such payment, in its entirety and inserting in its place a new subsection (b) to read as follows:
'(b) The first payment of income benefits shall become due on the twenty-first day after the employer has knowledge of the injury or death, on which day all income ben efits then due shall be paid. Thereafter, income benefits shall be due and payable in weekly installments; provided, however, that the board may, in its discretion, autho rize payments to be made in different installments if it determines that this would be beneficial to all parties concerned. Such weekly payments shall be considered to be paid when due when mailed from within the State of Georgia to the address speci fied by the employee or to the address of record according to the board. Such weekly payments shall be considered to be paid when due when mailed from outside the State of Georgia no later than three days prior to the due date to the address speci fied by the employee or the address of record according to the board.'".
By renumbering Sections 18 through 21 as Sections 20 through 23, respectively.
By adding on line 30 of page 22 after the word section and before the comma the fol lowing:
"or in a collective bargaining agreement".
By striking line 32 of page 22 and line 1 of page 23 and inserting in lieu thereof the following:
"34-9-262 shall be reduced by the employer funded portion of payments".
By striking the semicolon at the end of line 11 of page 23 and inserting in lieu thereof a period.
By striking lines 12 through 34 of page 23 and lines 1 through 30 of page 24 in their entirety.
By striking lines 18 through 22 of page 25 and inserting in lieu thereof the following:
"(f) Subsection (b) of this Code section shall not".
By striking from line 24 of page 25 the following:
"or total".
By striking lines 29 and 30 of page 25 and inserting in lieu thereof the following:
While the disability to work". By striking line 12 of page 26 and inserting in lieu thereof the following: "provided in paragraph (1) of subsection (a) of Code Section 34-9-104.". By inserting quotation marks at the end of line 15 of page 26 and by striking lines
16 through 24 of page 26 in their entirety. By adding between lines 20 and 21 of page 27 a new Section 24 to read as follows: "Section 24. This Act shall become effective on July 1, 1992." By renumbering Section 22 as Section 25.
Representative Smyre of the 92nd moved that the House agree to the Senate substi tute, as amended by the House, to HB 1679.
TUESDAY, MARCH 31, 1992
4267
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D 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
Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner Y Harris.B Y Harris,J
Y Heard Y Henson
Y Herbert 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 YMann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley 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 Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley 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 Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 170, nays 1. The motion prevailed.
Representatives Fennel of the 155th and Abernathy of the 39th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 1693.
By Representative Buck of the 95th:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions.
Representative Buck of the 95th moved that the House insist on its position in dis agreeing to the Senate amendment to HB 1693 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.
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JOURNAL OF THE HOUSE,
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Buck of the 95th, Parrish of the 109th and Kilgore of the 42nd.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 1311. By Representative Murphy of the 18th:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Anno tated, relating to compensation and allowances of officers and members of the General Assembly, so as to provide for limitations with respect to reim bursement of transportation costs for air travel.
The following Senate amendment was read:
Amend HB 1311 by inserting on line 19 of page 3 before the word "transportation" the following:
"authorized".
Representative Walker of the 115th moved that the House agree to the Senate amend ment to HB 1311.
On the motion, the ayes were 113, nays 1.
The motion prevailed.
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.
The following Senate substitute was read:
A BILL
To amend Code Section 47-3-63 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System by certain public school employees, so as to provide that local school systems shall pay employer contributions for certain such employees; 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 47-3-63 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System by certain public school employees, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the follow ing:
"(b) Members (1) who were previously eligible for membership in the Public School Employees Retirement System and whose duties were or have been changed in such a manner so as to have made them eligible for membership in the Teachers Retirement System of Georgia and (2) any personnel specified in subsection (a) of this Code section who elect to become members of the Teachers Retirement System of Georgia shall be permitted to establish credit for service rendered in a public school system prior to the date such employees become or became members of the Teachers Retirement System of
TUESDAY, MARCH 31, 1992
4269
Georgia, provided that such service would be or would have been normally allowable as creditable service under the Public School Employees Retirement System; provided, fur ther, that such members must pay the employee contributions on the salary earned by such members during the years of service sought to be so established, plus applicable accrued regular interest compounded annually to the dates of payment at the rates adopted by the board of trustees. Such members or the local boards of education by which the members are employed at the time the service is established shall pay the employer contributions on the earnable compensation of such members that would have been paid to the Teachers Retirement System of Georgia, plus applicable accrued regu lar interest compounded annually to the dates of payment at the rates adopted by the board of trustees.
(c) The State of Georgia shall be the employer of personnel specified in subsection (a) of this Code section for the purposes of employer contributions on membership ser vice rendered by such members after they become members of the Teachers Retirement System of Georgia; provided, however, that a local school system shall pay the employer contributions for the number of its managers or supervisors in each category of employ ment set forth in subsection (a) of this Code section who are members of this retirement system pursuant to this Code section which exceeds one person or 7 percent, whichever is greater, of the total number of employees of such local school system in such category; provided, further, that the state shall continue to pay employer contributions for all members who became members of this system pursuant to this Code section prior to April 1, 1992."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Baker of the 51st moved that the House agree to the Senate substitute to HB 912.
On the motion, the ayes were 112, nays 1.
The motion prevailed.
HB 1502. By Representative Watson of the 114th:
A bill to amend Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities and multilevel distribution companies, so as to change the definition of certain terms.
The following Senate amendment was read:
Amend HB 1502 by striking from line 32 of page 6 the following:
"licensed insurance agencies"
and inserting in lieu thereof the following:
"insurance agencies".
By striking the word "or" on line 33 of page 6.
By adding on line 34 of page 6 after the word "agencies" and before the period the following:
"licensed securities dealers, licensed limited securities dealers, licensed securities sales men, or licensed limited securities salesmen".
Representative Watson of the 114th moved that the House agree to the Senate amendment to HB 1502.
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JOURNAL OF THE HOUSE,
On the motion, the ayes were 113, nays 1. The motion prevailed.
HB 1654.
By Representatives Martin of the 26th and Orrock of the 30th:
A bill to provide a homestead exemption from all Fulton County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that county.
The following Senate substitute was read:
A BILL
To provide a homestead exemption from certain Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that county; to provide for definitions; to specify the terms and condi tions of the exemption and the procedures relating thereto; to provide that the exemption shall be in lieu of and not in addition to certain homestead exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For purposes of this Act, the term: (1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county
purposes levied by, for, or on behalf of Fulton County, but not including taxes to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40.
Section 2. Each resident of Fulton County is granted an exemption on that person's homestead from all Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of that homestead.
Section 3. The tax commissioner of Fulton County or the designee thereof shall pro vide application forms for the exemption granted by this Act, shall require such informa tion as may be necessary to determine the eligibility of the owner for the exemption, and may require periodic certification by the owner that the owner occupies the residence as a homestead.
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead and the owner certifies when requested by the tax commissioner of Fulton County that the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceding the year the homestead exemption provided under this Act first becomes applicable, has applied for and is eligible for a homestead exemption from Fulton County ad valorem taxes, shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption.
Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Fulton County School District taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Fulton County ad valorem taxes for county purposes. A person entitled to an exemption under a local law or local constitutional
TUESDAY, MARCH 31, 1992
4271
amendment in an amount greater than this exemption shall be entitled to such exemption in lieu of the exemption granted by this Act.
Section 6. The exemption granted by this Act shall apply to all taxable years begin ning on or after January 1 of the year in which the amount of the Fulton County tax digest attributable to the residential classification increases by 30 percent or more over the amount of the 1990 Fulton County tax digest attributable to the residential classification.
Section 7. 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 Fulton County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1992, 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 Ful ton County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from certain Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for that county for certain residents of that county upon a 30 percent increase in the residential classification of the county tax digest and which is in lieu of certain smaller existing homestead exemptions from Fulton County ad valorem taxes?"
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 Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 6 of this Act. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Fulton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Representative Martin of the 26th moved that the House agree to the Senate substi tute to HB 1654.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Alford Y Ashe 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
Buck Y Buckner
Byrd Y Campbell Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafm Y Chambless Y Cheeks Y Childers
Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell
Culbreth Y Cummings,B Y Cummings,M
Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon,S
Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene
Griffin Y Groover E Hamilton Y Hammond Y Hanner Y Harris,B Y HarrisJ Y Heard Y Henson Y Herbert
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JOURNAL OF THE HOUSE,
Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Long
YLord Y Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock
Y Padgett Y Parham
Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Porter Y Poston
Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding
On the motion, the ayes were 143, nays 0. The motion prevailed.
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 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
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr
HB 1780.
By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd:
A bill to provide a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district.
The following Senate substitute was read:
A BILL
To provide a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide that the exemption shall be in lieu of and not in addition to certain homestead exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For purposes of this Act, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for
educational purposes levied by, for, or on behalf of the City of Atlanta School District, but not including taxes to retire school bond indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40.
Section 2. Each resident of the City of Atlanta School District is granted an exemp tion on that person's homestead from all City of Atlanta School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of that home stead.
Section 3. The tax commissioner of Fulton County or the designee thereof shall pro vide application forms for the exemption granted by this Act and shall require such infor mation as may be necessary to determine the eligibility of the owner for the exemption and may require periodic certification by the owner that the owner occupies the residence as a homestead.
TUESDAY, MARCH 31, 1992
4273
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead and the owner certifies when requested by the tax commissioner of Fulton County or the designee thereof that the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceeding the year the homestead exemption provided under this Act first becomes applicable, has applied for and is eligible for a homestead exemption from the City of Atlanta, shall be eligible for the exemption granted under this Act without further application if that person has applied for and has been eligible for the immediate preceeding year for such exemption.
Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, City of Atlanta taxes for city purposes, county school district taxes for educational purposes, or county taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to City of Atlanta School District ad valorem taxes for educational purposes. A person entitled to an exemption under local law or local constitutional amendment in an amount greater than this exemption shall be entitled to such exemption in lieu of the exemption granted by this Act.
Section 6. The exemption granted by this Act shall apply to all taxable years begin ning on or after January 1 of the year in which the amount of the Fulton County tax digest attributable to the residential classification increases by 30 percent or more over the amount of the 1990 Fulton County tax digest attributable to the residential classification.
Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta School District for approval or rejection. The election superintendent shall con duct that election on the date of and in conjunction with the state-wide general election in November, 1992, 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 elec tion to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the home stead for certain residents of that district upon a 30 percent increase in the residential classification of the Fulton County tax digest and which is in lieu of certain smaller existing homestead exemptions?"
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 Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to all taxable years specified in Section 6 of this Act. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by the City of Atlanta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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Section 9. All laws and parts of laws in conflict with this Act are repealed.
Representative Martin of the 26th moved that the House agree to the Senate substi tute to HB 1780.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Alford Y Ashe 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
Buck Y Buckner
Byrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Clark,E Y Clark.L Y Coker
Coleman Y Colwell Y Connell
Culbreth Y Cummings.B
Y Cummings.M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene
Griffin Y Groover
E Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Long
YLord Y Lucas YMann Y Martin Y McBee
McCoy Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Merritt Y Milam
Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham
Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Y Randall YRay
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 Y Snow
Y Stancil.F Y Stancil.S Y Stanley 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
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Y WiUiams,J Y Williams.R Y Yeargin
Murphy,Spkr
On the motion, the ayes were 143, nays 0. The motion prevailed.
HB 1785. By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd:
A bill to provide a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city.
The following Senate substitute was read:
A BILL
To provide a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $15,000.00 of the assessed value of the homestead for cer tain residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide that the exemption shall be in lieu of and not in addition to certain homestead exemptions; to provide for applica bility; to provide for a referendum, effective dates, and automatic repeal; to repeal conflict ing laws; and for other purposes.
TUESDAY, MARCH 31, 1992
4275
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For purposes of this Act, the term: (1) "Ad valorem taxes for city purposes" means all ad valorem taxes for city pur
poses levied by, for, or on behalf of the City of Atlanta, but not including taxes to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40.
Section 2. Each resident of the City of Atlanta is granted an exemption on that person's homestead from all City of Atlanta ad valorem taxes for city purposes in the amount of $15,000.00 of the assessed value of that homestead.
Section 3. The tax commissioner of Fulton County or the designee thereof shall pro vide application forms for the exemption granted by this Act, shall require such informa tion as may be necessary to determine the eligibility of the owner for the exemption, and may require periodic certification by the owner that the owner occupies the residence as a homestead.
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead and the owner certifies when requested by the tax commissioner of Fulton County or the designee thereof that the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceding the year the homestead exemption provided under this Act first becomes applicable, has applied for and is eligible for a homestead exemption from City of Atlanta ad valorem taxes shall be eligible for the exemption granted under this Act without further application if that per son has applied for and been eligible for the immediately preceding year for such exemp tion.
Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, City of Atlanta School District taxes for educational purposes, county taxes for county purposes, or county school district taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other home stead exemption applicable to City of Atlanta ad valorem taxes for city purposes. A person entitled to an exemption under local law or local constitutional amendment in an amount greater than this exemption shall be entitled to such exemption in lieu of the exemption granted by this Act.
Section 6. The exemption granted by this Act shall apply to all taxable years begin ning on or after January 1 of the year in which the amount of the Fulton County tax digest attributable to the residential classification increases by 30 percent or more over the amount of the 1990 Fulton County tax digest attributable to the residential classification.
Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta for approval or rejection. The election superintendent shall conduct that elec tion on the date of and in conjunction with the state-wide general election in November, 1992, 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 Shall the Act be approved which provides a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount
( ) NO of $15,000.00 of the assessed value of the homestead for certain residents
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JOURNAL OF THE HOUSE,
of that city upon a 30 percent increase in the residential classification of the Fulton County tax digest and which is in lieu of certain existing smaller homestead exemptions from City of Atlanta ad valorem taxes?"
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 Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 6 of this Act. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by the City of Atlanta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Representative Martin of the 26th moved that the House agree to the Senate substi tute to HB 1785.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Alford Y Ashe 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 Breed love Y Brooks Brown Y Brush Buck Y Buckner Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell
Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene
Griffin Y Groover E Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Y Lord Y Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham
Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay 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 Y Snow Y Stancil.F Y Standl.S Y Stanley 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
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
On the motion, the ayes were 143, nays 0. The motion prevailed.
The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
TUESDAY, MARCH 31, 1992
4277
HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles.
Representative Watts of the 41st moved that the House insist on its position in dis agreeing to the Senate amendment to HR 715 and that a Committee of Conference be ap pointed 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 Buck of the 95th, Watts of the 41st and Watson of the 114th.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 1312.
By Representative Murphy of the 18th:
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 clarify the eligibility of preschool age children for assistance; to provide that immunization of a preschool age dependent child shall be required for the receipt of assistance.
The following Senate amendment was read:
Amend HB 1312 by adding at the end of line 25 on page 4 the following:
"The department shall develop procedures to ensure that priority treatment be given to any child covered under this Code section."
Representative Childers of the 15th moved that the House agree to the Senate amend ment to HB 1312.
On the motion, the ayes were 99, nays 1.
The motion prevailed.
HB 1548.
By Representative Balkcom of the 140th:
A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to prohibit the hunting of wild life and feral hogs on public roads.
The following Senate amendments were read:
SENATE AMENDMENT No. 1
Amend HB 1548 by striking on line 30 of page 2 the following:
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JOURNAL OF THE HOUSE,
"$250.00", and inserting in lieu thereof the following:
"S50.00 and not more than $1,000.00".
SENATE AMENDMENT No. 2
Amend HB 1548 on page 6 in Section 6 striking subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) Any person violating the provisions of this Code Section is guilty of a misde meanor of a high and aggravated nature, and, upon conviction, may be punished by a fine of not less than $500 and not to exceed $5,000.00, or by confinement for a term not to exceed 12 months or both. The court may order that restitution be paid to the department of not less than $1,500.00 for each bear or bear part which is the subject of a violation of this Code Section. Any equipment which is used or intended for us in a violation of this Code Section, excluding motor vehicles, is declared to be contra band and is forfeited to the state. The hunting and fishing privileges of any person convicted of violating the provisions of this Code Section shall be suspended for three years."
Beginning on page 6 further amend HB 1548 by adding a new Section 7 and renum bering the following sections accordingly.
Section 7. 27-3-27. Unlawful use of bear bait. It is unlawful to use any type of bait to concen trate the bear population in any area or to lure them to any location which gives or might give a hunter an unnatural advantage when hunting bear.
Any person violating the provisions of this code section is guilty of a misdemeanor of a high and aggravated nature, and upon conviction, may be punished at a fine of not less than $500 and not to exceed $5000 or by confinement for a term not to exceed 12 months, or both.
SENATE AMENDMENT No. 3
Amend HB 1548 by adding following the word and symbol "night;" on line 21 of page 1 the following:
"to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to official state symbols, so as to designate Pogo as the official Georgia State 'Possum;".
By renumbering Section 8 as Section 9.
By adding between lines 6 and 7 of page 11 the following:
"Section 8. Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to official state symbols, is amended by inserting a new Code section to be designated as Code Section 50-3-66 to read as follows:
'50-3-66. Pogo 'Possum, created by Walt Kelly, is adopted as the official Georgia State 'Possum.'".
Representative Balkcom of the 140th moved that the House agree to the Senate amendment to HB 1548.
On the motion, the ayes were 100, nays 0.
The motion prevailed.
TUESDAY, MARCH 31, 1992
4279
Representative Twiggs of the 4th stated that he would like to be recorded as voting "nay" on HB 1548.
HB 1609.
By Representatives Dunn of the 73rd, Smith of the 78th, Herbert of the 76th, Lee of the 72nd and Benefield of the 72nd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Human Resources to adopt state-wide minimum standards for on-site, individual sewage management systems.
The following Senate amendments were read:
SENATE AMENDMENT No. 1
Amend HB 1609 by striking in their entirety lines 9 through 12 on page 1 and insert ing in lieu thereof the following:
"regulations for individual sewage management systems; to repeal conflicting laws; and".
By striking in their entirety lines 25 through 33 on page 3 and lines 1 and 2 on page 4 and inserting in lieu thereof the following:
"(c) The regulations of a county board of health adopted pursuant to the authority of subsection (a) of this Code section shall control over any conflicting or inconsistent rules or regulations of the Department of Human Resources adopted pursuant to Chap ter 2 of this title or pursuant to any other law. To the extent that the provisions of this Code section are inconsistent or in conflict with the provisions of Chapter 2 of this title or any other law, the provisions of this Code section shall control over such inconsistent or conflicting laws.'"
SENATE AMENDMENT No. 2
Amend HB 1609 by adding in the title on line 7 of page 1 between the semicolon and the word "to" the following:
"to construe certain provisions relating to powers of county boards of health;".
By adding between lines 7 and 8 on page 2 the following:
"Section 1.1. Said title is further amended by designating the current provisions of Code Section 31-3-4, relating to powers of county boards of health, as subsection (a) and adding at the end of said Code section a new subsection (b) to read as follows:
'(b) Notwithstanding the provisions contained in subsection (a) of this Code sec tion and Code Section 31-3-5, nothing contained in this Code section or Code Section 31-3-5 shall be construed to empower a county board of health to adopt any rules or regulations or provisions to enforce any rules or regulations pertaining to matters pro vided for or otherwise regulated pursuant to the provisions of Part 1 of Article 2 of Chapter 8 of Title 12, the "Georgia Comprehensive Solid Waste Management Act," as nAocwt.'"or hereafter amended, or the rules and regulations promulgated pursuant to such
SENATE AMENDMENT No. 3 Amend HB 1609 by adding in the title at the end of line 4 of page 1 the following:
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"to define a certain term;".
By deleting the quotation marks at the end of line 7 of page 2 and adding the follow ing at the end of said line:
"As used in this Code section, the term 'individual sewage management system' shall mean a self-contained, on-site sewage treatment plant designed to serve no more than one residence and approved for such use by the director of the Environmental Protec tion Division of the Department of Natural Resources.'"
The following amendment was read and adopted:
Representative Dunn of the 73rd moves to amend the Senate amendment, # One, to HB 1609 by adding on line 7 of page 1 between the semicolon and the word "to" the fol lowing:
"to change certain provisions relative to rules and regulations of county boards of health which conflict with rules of the Department of Human Resources; to repeal cer tain provisions relating to the authority of county boards of health with respect to regu lations applicable to septic tanks;".
By striking in their entirety lines 11 through 21 on page 1 and inserting in lieu thereof the following:
"(c) The regulations of a county board of health adopted pursuant to the authority of paragraphs (1) through (5) of subsection (a) of this Code section shall control over any conflicting or inconsistent rules or regulations of the Department of Human Resources adopted pursuant to Chapter 2 of this title or pursuant to any other law. e
section shall control ever such inconsistent or conflicting lawa.'"
Representative Dunn of the 73rd moved that the House agree to the Senate amend ment, as amended by the House, to HB 1609.
On the motion, the ayes were 92, nays 0. The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1721. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that after a sevenyear holding period, restitution funds may be claimed by the respective county holding such funds.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1721
The Committee of Conference on HB 1721 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1721 be adopted.
TUESDAY, MARCH 31, 1992
4281
FOR THE SENATE:
/s/ G. B. Pollard, Jr. Senator, 24th District
/s/ J. Tom Coleman Senator, 1st District
/s/ Culver Kidd Senator, 25th District
Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Forrest McKelvey Representative, 15th District
/s/ E. M. Childers Representative, 15th District
/s/ Paul E. Smith Representative, 16th District
A BILL
To amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Anno tated, relating to restitution, so as to provide that after a seven-year holding period, resti tution funds may be claimed by the respective county holding such funds and the Georgia Crime Victims Emergency Fund; 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 14 of Title 17 of the Official Code of Georgia Anno tated, relating to restitution, is amended by striking Code Section 17-14-14, relating to res titution payments, and inserting in lieu thereof the following:
"17-14-14. Payments pursuant to an order for restitution shall be made to the clerk of the court or to any other person, for the benefit of the victim or victims, as the order ing authority shall order; provided, however, if the victim or victims cannot be located and the funds are held for a seven-year period, after such period 50 percent of the unclaimed funds shall be transferred into the Georgia Crime Victims Emergency Fund and 50 percent shall be transferred into the general operating fund of the county holding such restitution payments."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative McKelvey of the 15th moved that the House adopt the report of the Committee of Conference on HB 1721.
On the motion, the ayes were 100, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 1482.
By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th and others:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Anno tated, relating to capital outlay funds in general, so as to provide for excep tions; to provide for notice and a public hearing regarding a reorganization or consolidation plan.
Representative Porter of the 119th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1482 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.
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The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Kilgore of the 42nd, Herbert of the 76th and Porter of the 119th.
The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:
HB 1277. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that certain information filed in conjunction with birth certificates or infor mation recorded in the putative father registry shall be admissible in pro ceedings to determine paternity and shall establish a prima-facie case of establishment of paternity.
The following Senate amendment was read:
Amend HB 1277 by inserting on line 17 of page 1 between the word and symbol "obli gation;" and the word "to" the following:
"to provide for a definition;".
By inserting between lines 30 and 31 of page 4 the following:
"Section 3. Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Anno tated, relating to relief from family violence to be granted by superior courts, is amended by striking in its entirety Code Section 19-13-1, relating to defining 'family violence,' and inserting a new Code section to read as follows:
'19-13-1. As used in this article, the term "family violence" means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:
(1) Any felony; or (2) Commission of offenses of battery, simple battery, simple assault, assault, criminal damage to property, unlawful restraint, or criminal trespass. The term "family violence" shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.'"
By renumbering Section 3 as Section 4.
Representative Porter of the 119th moved that the House agree to the Senate amend ment to HB 1277.
On the motion, the ayes were 107, nays 2.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto:
TUESDAY, MARCH 31, 1992
4283
SB 489. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to implied consent; to provide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibi tion against driving under the influence of alcohol.
The following Senate amendment was read:
Amend the House substitute to SB 489 by striking from lines 20 through 22 of page 1 the following:
"to provide for the eventuality of a conflict with certain other legislation;".
By striking lines 14 through 28 of page 15 in their entirety.
By striking from lines 8 through 11 of page 17 the following:
"in the event there is a dispute over alcohol consumption and when an arrest is made, the acceptable method for alcohol detection shall be a blood test;.
By inserting between lines 10 and 11 of page 18 the following:
"unless the license is in suspension for any other offense, m which case the court shall forward the license to the Department of Public Safety for disposition".
By striking from lines 19 and 20 of page 20 the following:
"and a review of the driver's prior driving record".
By striking lines 7 through 12 of page 21 in their entirety and inserting in lieu thereof the following:
"chapter. A person's license shall not be administratively suspended unless that person's license has been previously suspended administratively or unless such person has been convicted of or had a plea of nolo contendere accepted within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest, to a charge of violating any".
By striking from lines 19 and 20 of page 23 the following:
"by certified mail, return receipt requested",
and inserting in lieu thereof the following:
"by regular mail,".
By striking from line 19 of page 27 the following:
"12 months",
and inserting in lieu thereof the following:
"three years".
By striking lines 7 through 17 of page 28 in their entirety and inserting in lieu thereof the following:
"five years. The driver may apply for a probationary".
By striking lines 15 through 19 of page 37 in their entirety and inserting in lieu thereof the following:
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"Section 15. Reserved.".
Representative Porter of the 119th moved that the House disagree to the Senate amendment to the House substitute to SB 489.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:
HB 1451.
By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to change a population feature.
The following Senate amendments were read:
SENATE AMENDMENT No. 1
Amend HB 1451 by inserting on line 4 of page 1, following the word and symbol "fea ture;", the following:
"to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to the issuance of certain licenses, so as to change a population feature;".
By inserting following line 16 of page 3 the following:
"Section 2. Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to the issuance of certain licenses, is amended by striking in its entirety the first com plete sentence of subparagraph (b)(2)(A) and inserting in lieu thereof the following:
'The governing authority of every county having a population of not less than 37,200 50,000 nor more than 38,000 53,000 according to the United States decennial census of 1080 1990 or any future such census and the governing authority of every munici pality within every such county, through proper resolution or ordinance, may autho rize the issuance of licenses to sell alcoholic beverages by the drink for consumption only on the premises where sold.'"
By redesignating Section 2 as Section 3.
SENATE AMENDMENT No. 2
Amend HB 1451 by adding on line 4 of page 1 after the word and symbol "feature;" the following:
"to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities; to provide that such authorities shall determine by resolution the conditions, including hours and days of sale, under which such sales of alcoholic beverages shall be permitted; to provide an effective date;".
By redesignating current Section 2 as Section 4.
By inserting between lines 16 and 17 on page 3 new Sections 2 and 3 to read as fol lows:
TUESDAY, MARCH 31, 1992
4285
"Section 2. Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, is amended by striking in its entirety Code Section 3-8-3, relating to the sale of malt beverages at coliseums, and inserting in lieu thereof a new Code Section 3-8-3 to read as follows:
'3-8-3. (a) As used in this Code section, the term: (1) "Coliseum" means any multiuse coliseum-type facility which has a seating
capacity of 9,000 or more and which is a project of a coliseum authority, together with related buildings, facilities, and extensions of the project.'
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
Representative Smith of the 156th moved that the House agree to the Senate amend ments to HB 1451.
On the motion, the ayes were 105, nays 4.
The motion prevailed.
The following Bill of the House, having been previously postponed, was again taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1657.
By Representative Hanner of the 131st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congres sional districts of Georgia.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1657
The Committee of Conference on HB 1657 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1657 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
1st Wayner Garner Senator, 30th District
/a/ Sonny Dixon Representative, 128th District
/s/ George B. Hooks Senator, 14th District
/s/ Bob Hanner Representative, 131st District
/s/ Gene Walker Senator, 43rd District
/s/ Tommy Smith Representative, 152nd District
A BILL
To amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain
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time; to make certain provisions relative to certain boards and bodies; 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 1 of Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to general provisions relative to elections, is amended by striking Code Sec tion 21-2-3, relating to definitions and descriptions regarding congressional districts, and inserting in its place a new Code Section 21-2-3 to read as follows:
"21-2-3. For purposes of this article: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia.
(2) The term 'Precinct' is synonymous with the term Voting precinct' and means a geographical area, established in accordance with Article 7 of this chapter, within which all electors vote at one polling place.
(3) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1990 for the State of Georgia.
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any congressional district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control.
(5) Any part of the State of Georgia which is described in this Code section as being included in a particular congressional district shall nevertheless not be included within such congressional district if such part is not contiguous to such congressional district. Such noncontiguous part shall instead be included within that congressional district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said article is further amended by striking Code Section 21-2-4, relating to the composition of congressional districts, and inserting in its place a new Code Section 21-2-4 to read as follows:
"21-2-4. (a) The state is divided into 11 congressional districts, each of which is entitled to elect one representative to the Congress of the United States. Each such dis trict shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided in this subsection.
District: 1
EMANUEL COUNTY BULLOCH COUNTY CANDLER COUNTY TOOMBS COUNTY MONTGOMERY COUNTY TATTNALL COUNTY EVANS COUNTY BRYAN COUNTY LIBERTY COUNTY LONG COUNTY APPLING COUNTY WAYNE COUNTY MCINTOSH COUNTY BACON COUNTY PIERCE COUNTY WARE COUNTY
TUESDAY, MARCH 31, 1992
4287
GLYNN COUNTY BRANTLEY COUNTY CAMDEN COUNTY CHARLTON COUNTY CHATHAM COUNTY
VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7 VTD: 0009 1-9 VTD: 0010 1-10 VTD: 0011 1-11 VTD: 0012 1-12 (Part)
Tract: 0039. Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 301A, 302, 303, 304, 305, 306, 307, 308, 309, 311A
VTD: 0013 1-13 (Part) Tract: 0102.
Block(s): 202, 203, 204, 205, 301, 302, 303, 304, 305, 306, 307 VTD: 0022 2-9 VTD: 0024 3-1 VTD: 0025 3-2
VTD: 0026 3-3 (Part) Tract: 0036.01
Block(s): 103, 108, 109, 115, 116, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302,
303, 304, 305, 306A, 307 Tract: 0036.02
Block(s): 101A
Tract: 0037.
Block(s): 108, 109, 110, 111, 112, 113, 118, 119, 120, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216
Tract: 0101.01 Block(s): 323
VTD: 0028 3-5 VTD: 0029 3-6 (Part)
Tract: 0035.02 Block(s): 108, 118, 119, 120, 121, 122, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231
VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0034 4-1 VTD: 0036 4-3 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8
VTD: 0042 4-9 VTD: 0043 4-10 (Part)
Tract: 0101.02
Block(s): 315B, 402, 403B, 404, 411, 412, 413 Tract: 0110.02
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Block(s): 103 Tract: 0110.04
Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
VTD: 0044 4-11 VTD: 0045 4-12
VTD: 0056 6-1 VTD: 0057 6-2
VTD: 0059 6-4 VTD: 0060 6-5
VTD: 0061 6-6 VTD: 0062 6-7
VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0065 7-1 VTD: 0066 7-2
VTD: 0067 7-3 VTD: 0068 7-4
VTD: 0069 7-5 (Part) Tract: 0107.98 Block(s): 101A, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117A, 118A, 123, 124B, 125, 126, 127A, 127B, 128, 129, 130A, 130B, 131, 132, 154A, 154B, 188, 189A, 189B, 190A, 190B, 191, 192, 193, 194, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 316A, 316B, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
Tract: 0112.98 Block(s): 367B
VTD: 0070 7-6 VTD: 0071 7-7
VTD: 0072 7-8 VTD: 0073 7-9 VTD: 0074 7-10
VTD: 0075 7-11 VTD: 0076 8-1
VTD: 0077 8-2 (Part) Tract: 0106.01
Block(s): 315, 620A, 620B Tract: 0106.04
Block(s): 129A, 130, 131A
Tract: 0106.05 Block(s): 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146C, 147, 148, 149, 150, 151B, 152B, 153, 154B, 162, 163, 164, 165, 166, 167, 168, 169A, 169B, 170A, 170B, 171A, 171B, 172A, 172B
VTD: 0086 5-11
EFFINGHAM COUNTY VTD: 0001 FAULKVILLE 1
VTD: 0002 GUYTON 2A VTD: 0003 HODGEVILLE 2B VTD: 0004 SHAWNEE 3A (Part)
Tract: 0301. Block(s): 108, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136,
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4289
137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 181, 214, 215, 216, 217, 218, 219, 220, 221, 222, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 285, 292, 313, 314, 315, 316, 317, 318, 319, 323, 324 VTD: 0005 CLYO 3B (Part) Tract: 0301. Block(s): 119, 150, 151, 160, 161, 162, 163, 211, 213, 294, 295, 296 Tract: 0302. Block(s): 130, 131, 135, 140, 141, 142, 150, 151, 152, 153, 154, 155, 159 VTD: 0006 MASONIC LODGE 3C AND SPRINGFIELD 4 (Part) Tract: 0301. Block(s): 212, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 284, 286, 287, 291, 293, 297, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 320, 321, 322, 325, 326, 327, 328, 329, 330, 331, 332 Tract: 0302. Block(s): 132, 133, 134, 137, 138, 139, 163, 164, 165, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 202, 203, 204, 205, 206, 207, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250A, 250B, 251, 252, 253A, 253B, 254A, 254B, 255A, 255B, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317B, 317C, 319A, 319B, 320, 321, 322, 323, 324, 325, 326A, 326B, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360A, 360B, 361A, 361B, 362, 363A, 363B, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 401, 402, 403, 404, 405A, 405B, 406, 407, 408, 410, 412, 423, 424, 425, 426A, 426B, 427A, 427B, 428, 429, 430, 431, 433A, 437, 439, 440, 441 Tract: 0303.98 Block(s): 103, 116, 118, 119, 120, 121, 129, 130, 132 VTD: 0008 RINCON 5 (Part) Tract: 0303.98 Block(s): 105, 109, 110, 111, 112, 113A, 113B, 113C, 114, 115, 124A, 124B, 125, 126A, 126B, 127, 128, 131, 135B, 137, 138A, 138B, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173A, 173B, 174, 175, 176, 177, 178, 179, 180A, 180B, 181, 182A, 182B, 183B, 184, 191, 192, 193, 194, 201A, 201B, 202A, 202B, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 316C, 316D, 318, 319, 320, 321, 322, 323, 324, 325, 326, 333, 334, 335, 336, 337, 338, 339, 340, 341A, 341B, 343A, 343B, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367A
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District: 2
TALBOT COUNTY TAYLOR COUNTY MARION COUNTY MACON COUNTY SCHLEY COUNTY STEW ART COUNTY WEBSTER COUNTY SUMTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY BIBB COUNTY
VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0033 RUTLAND 02 (Part)
Tract: 0130. Block(s): 201C, 202, 231C, 232B, 273B, 274C, 275, 276B, 277B, 278B,
279C, 281B, 281C Tract: 0135.02
Block(s): 128, 131, 132, 201, 202, 203, 204, 213, 214, 215, 301, 302, 304, 309A, 309B, 309C, 309D, 310, 311, 312, 313, 314, 315, 316,
317, 318, 319, 320 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 (Part)
Tract: 0102. Block(s): 204, 205, 215, 301, 302, 303, 305, 306
Tract: 0103. Block(s): 202, 203
TUESDAY, MARCH 31, 1992
4291
VTD: 0041 VINEVILLE 08 (Part) Tract: 0119. Block(s): 104, 105, 106, 111, 115
VTD: 0043 MACON 02 VTD: 0044 MACON 01 CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part)
Tract: 0201. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121,
122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155,
156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179,
180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208,
209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234,
235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250 Tract: 0202.
Block(s): 901A, 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906,
907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 222, 223, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321 VTD: 0006 HARTSFIELD VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 216, 433, 523, 524, 525, 616, 617 Tract: 9704. Block(s): 113, 114, 115, 116, 117, 118, 122, 123, 124, 125, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9707. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 332, 333, 334 Tract: 9708.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 301C
Tract: 9709.
Block(s): 129A, 131, 134, 135, 136, 301A, 325B VTD: 0018 SHAW
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JOURNAL OF THE HOUSE,
CRAWFORD COUNTY VTD: 0002 2 VTD: 001B IB
CRISP COUNTY VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 118, 119, 120, 122, 123, 124, 204, 205A, 205B, 206, 211, 212, 213, 263A, 264A, 265A, 266A, 306A, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 321, 364, 365, 366, 367 Tract: 9802. Block(s): 144A, 148, 168A, 168C, 168D, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173F, 173G, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 196A, 197A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 453, 454A, 454B, 454C, 454D Tract: 9803. Block(s): 304, 305, 306, 307, 308, 309, 310, 311, 324, 325, 326, 327, 328, 329, 330, 351, 352, 353, 354, 357, 358, 359, 360 Tract: 9804. Block(s): 303, 304, 305, 306, 309, 311, 312, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 433
DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0004 DRAYTON 633 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671
DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL
VTD: 0019 TURNER ELEMENTARY SCHOOL
VTD: 0020 JACKSON HEIGHTS ELEM SCH
VTD: 0021 BILL MILLER GYM AND ALBANY
STATE COLLEGE
VTD: 0022 RAD SPRINGS JR HIGH SCH
TUESDAY, MARCH 31, 1992
4293
VTD: 0027 SYLVANDALE ELEMENTARY SCH HOUSTON COUNTY
VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304, 305, 306, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 413, 414, 415, 416, 417, 418 Tract: 0208. Block(s): 401, 402
VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 302, 304, 305, 306A, 306B, 308A, 308B, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319 Tract: 0202. Block(s): 101 Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 102A, 102B, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126 Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 113A, 113B, 114A, 114B Tract: 0206. Block(s): 903, 904
VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02 Block(s): 224, 225, 226, 301B, 307A, 307B, 307C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 223, 313, 314, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408B, 408C, 409, 410, 411A, 411B, 412 Tract: 0201.02
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 204, 205, 210
Tract: 0202.
Block(s): 408
VTD: 0013 ANNX (Part)
Tract: 0211.01
4294
JOURNAL OF THE HOUSE,
Block(s): 303 VTD: 0014 N13 VTD: 0015 12TH (Part)
Tract: 0215.02 Block(s): 204, 211, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 509, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 119, 120A, 120B, 121, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513
LEE COUNTY VTD: 0001 CHOKEE VTD: 0003 LEESBURG (Part) Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196 Tract: 0203. Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549 VTD: 0006 SMITHSVILLE
LOWNDES COUNTY VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 416, 460, 463, 464, 465, 466, 473, 474, 484, 488, 489, 490, 491, 492 VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101.
Block(s): 305C, 305D
Tract: 0103.
Block(s): 220A, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234B, 239, 240
Tract: 0104.
Block(s): 130, 131A, 132A, 132B, 134A, 135A
TUESDAY, MARCH 31, 1992
4295
VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND
FORREST PK CHURCH (Part) Tract: 0106.
Block(s): 304A, 304B, 305, 306, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417
Tract: 0108.
Block(s): 204B, 207
VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 457, 458, 459, 493, 494, 495, 496, 497
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 287, 288, 305L, 307, 308 Tract: 0103. Block(s): 220C, 220D, 220E, 220F, 220G, 223B Tract: 0104. Block(s): 131B, 132C, 133, 134B, 135B
VTD: 0019 CRAIG RECREATION CENTER MERIWETHER COUNTY
VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319. 320, 321, 322, 529, 530, 531, 532, 533, 534, 535, 536, 537, 628, 629, 630, 631, 632, 633, 634, 635, 638, 639, 640, 641, 646, 647, 732
VTD: 0008 GILL TWO VTD: 0010 DURAND (Part)
Tract: 9706. Block(s): 217, 218, 219, 275, 276, 277, 302, 318, 319, 320, 322, 323, 324, 326, 327, 328, 329, 330, 335, 348, 349, 351, 352, 353, 354, 355, 356, 357, 358, 366, 367, 369, 370, 371, 372, 373, 374, 375, 376, 377, 393, 394
VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH (Part)
Tract: 9704. Block(s): 237, 238, 239, 253, 254, 255, 256, 257
Tract: 9705. Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 256, 257, 258, 259, 260, 270, 293, 294
Tract: 9706. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE
VTD: 0002 NORTH LUMPKIN
VTD: 0003 EDDY
VTD: 0004 BAKER
VTD: 0005 SAINT MARY S
VTD: 0006 WYNNTON (Part)
4296
JOURNAL OF THE HOUSE,
Tract: 0023. Block(s): 120, 121, 122
VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS (Part)
Tract: 0106.04 Block(s): 311, 315, 319, 320, 321, 323, 324, 325, 326, 327, 349
VTD: 0013 REGENCY HEIGHTS VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310
Tract: 0016. Block(s): 101, 102, 103, 104, 110, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 310, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615
VTD: 0025 EAST HIGHLAND (Part) Tract: 0013. Block(s): 206, 207, 208 Tract: 0014. Block(s): 301, 302, 303, 304, 305, 307, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405 Tract: 0015. ''Uock(s): 103, 110, 111, 113, 114, 115, 117, 118, 120, 121, 123, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 317, 323, 324 Tract: 0018. Block(s): 101, 115, 405, 406, 409, 410, 414
VTD: 0026 SAINT ELMO (Part) Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209 Tract: 0018. Block(s): 105
VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND
POWERSVILLE VTD: 0015 DISTRICT 3
District: 3
FAYETTE COUNTY COWETA COUNTY SPALDING COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY
TUESDAY, MARCH 31, 1992
4297
UPSON COUNTY HARRIS COUNTY BALDWIN COUNTY
VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 220E, 222C, 225B, 226B, 227, 228, 229B
VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375
VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part)
Tract: 9702. Block(s): 202A, 206A
Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 220A, 221, 222A, 222B, 223, 224
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708.
Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302
CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2
VTD: 0009 JONESBORO 3
VTD: 0010 JONESBORO 5
VTD: 0011 JONESBORO 6
VTD: 0012 JONESBORO 7
VTD: 0013 JONESBORO 8
4298
JOURNAL OF THE HOUSE,
VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND
FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part)
Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912
VTD: 0025 PAN HANDLE VTD: 0027 RIVERDALE 2 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE (Part)
Tract: 0701.02 Block(s): 161, 162, 201, 202, 203, 204, 205, 206
Tract: 0701.03 Block(s): 101, 102, 103, 104, 130A, 130C, 132B, 133, 134, 135, 136, 137, 138, 139, 201B, 238B, 239B, 240B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326B, 326C, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405B, 406B, 441, 442B, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 467, 468, 469
Tract: 0702.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109
VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0055 SHAKERAG VTD: 0060 SIXTH
VTD: 0065 STOCKBRIDGE
VTD: 0070 SWAN LAKE (Part)
Tract: 0701.02
Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160
VTD: 0075 TUSSAHAW
TUESDAY, MARCH 31, 1992
4299
JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 124, 125 Tract: 0302. Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0303. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313B, 314B, 316B, 316C, 317B, 318B, 320, 321, 322, 323, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 345, 346, 347, 349, 351, 352, 353, 354, 355, 356, 357, 377, 378, 379, 465B VTD: 0002 FINNEY AND WHITE VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 201, 202, 203, 214, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0303. Block(s): 515, 523, 524, 527, 531, 532, 533, 534, 535, 536, 539, 540, 541, 542, 543, 547, 548, 554, 555, 556, 557, 558, 559 VTD: 0006 SANDERS VTD: 0007 DAVIDSON
MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0006 CHALYBEATE AND LOVE (Part) Tract: 9705. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 201, 202, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 271, 272, 274, 275, 276, 277, 278, 501A, 501B, 502, 503A, 503B, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526A, 526B, 527, 528, 538A, 538B, 539A, 539B, 541, 542, 543, 544, 545, 546, 547 VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 325, 326, 327, 328, 540, 636, 637, 642, 643, 644, 645, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714A, 714B, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 733, 734, 735, 736, 737, 738, 739 VTD: 0009 WARM SPRINGS VTD: 0010 DURAND (Part)
Tract: 9706.
Block(s): 312, 313, 314, 315, 316, 317, 331, 332, 333, 334, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 350, 359, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 395, 396, 397
VTD: 0011 ODESSADALE-SEVENTH
MUSCOGEE COUNTY
VTD: 0006 WYNNTON (Part)
4300
JOURNAL OF THE HOUSE,
Tract: 0011. Block(s): 201, 202, 203, 204, 206, 207, 208, 221
Tract: 0012. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 404, 405, 406, 407, 408, 409, 410, 411
Tract: 0023. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119
VTD: 0012 WESLEY HEIGHTS (Part) Tract: 0106.04
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 233, 303, 312, 316, 317, 318, 322, 329, 332, 333, 334, 335, 336, 337, 339, 340, 341, 342, 343, 344
VTD: 0014 ROTHSCHILD
VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID
VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE
VTD: 0021 MIDLAND VTD: 0022 UPATOI
VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0005.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314
Tract: 0006.
Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218
Tract: 0016. Block(s): 105, 106, 108, 109, 211, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 414
Tract: 0110.
Block(s): 119B, 122 VTD: 0025 EAST HIGHLAND (Part)
Tract: 0008.
Block(s): 202, 203, 204, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321
Tract: 0014. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0015.
Block(s): 104, 105, 106, 107, 108, 109, 124, 125
Tract: 0018. Block(s): 102, 103, 104, 107, 108, 109, 110, 111, 112, 202, 403, 404, 407, 408, 411, 412, 413
VTD: 0026 SAINT ELMO (Part)
Tract: 0012. Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 133, 201, 203, 204, 205,
206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219
TUESDAY, MARCH 31, 1992
4301
Tract: 0013. Block(s): 101, 210
Tract: 0018. Block(s): 106, 113, 114, 201
Tract: 0019. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132
VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON
District: 4
ROCKDALE COUNTY DEKALB COUNTY
VTD: 0001 ALLGOOD VTD: 0003 ASHFORD PARK VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0014 CALLANWOLDE VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORAL WOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0036 DUNAIRE VTD: 0040 EMBRY HILLS VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0043 EVANSDALE VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL
4302
JOURNAL OF THE HOUSE,
VTD: 0058 IDLEWOOD VTD: 0061 JOHNSON ESTATES VTD: 0062 JOLLY VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: OOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBB SMOKE RISE VTD: OOBD SOUTH DECATUR VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBU WARREN VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA FULTON COUNTY VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E GWINNETT COUNTY VTD: 0002 1295B VTD: 0003 405A VTD: 0004 405B
VTD: 0005 405C VTD: 0006 405D
VTD: 0007 405E
VTD: 0008 405F
VTD: 0009 405G
VTD: 0010 408A
VTD: 0011 408B
TUESDAY, MARCH 31, 1992
4303
VTD: 0012 408C VTD: 0013 408D VTD: 0014 408E VTD: 0015 408F VTD: 0016 408G VTD: 0019 1263B VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0028 407A VTD: 0029 407B VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0039 406F VTD: 0040 406G VTD: 0042 4061 VTD: 0043 406J VTD: 0045 571A VTD: 0050 405H VTD: 0051 408H VTD: 0053 1263D VTD: 0054 1578D VTD: 0056 407E VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0065 4081 VTD: 0066 408J VTD: 0068 407F (Part)
Tract: 0505.08 Block(s): 801A, 801B, 801C, 801D, 801E, 801F, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813
Tract: 0505.09
Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 118, 119A, 119B, 119C, 120A, 120B, 121, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 402, 403, 501, 502, 503, 601A, 601B, 601C, 602A, 602B, 603
Tract: 0507.05 Block(s): 120, 121, 162A, 162B, 163
VTD: 0069 544E VTD: 0070 406P VTD: 0071 406Q VTD: 0072 571C VTD: 0073 408K VTD: 0074 404C VTD: 0075 406R VTD: 0076 57 ID VTD: 0077 57 IB VTD: 0078 544D
District: 5
CLAYTON COUNTY
4304
JOURNAL OF THE HOUSE,
VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 301, 302, 303, 304A, 304B, 309, 401A, 401B, 402, 403, 404A, 404B, 404C, 405, 406, 407, 408, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 522, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 903A, 904, 905, 913, 914, 915, 916, 917, 918
VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0028 RIVERDALE 3 VTD: 0033 RIVERDALE 8 COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 DEKALB COUNTY VTD: 0038 EAST LAKE VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 U VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D
VTD: 0043 3E
VTD: 0044 3F
VTD: 0045 3G
VTD: 0046 3H
VTD: 0047 3J
TUESDAY, MARCH 31, 1992
4305
VTD: 0048 3K VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0058 4D VTD: 0059 4E VTD: 0061 4G VTD: 0062 4H VTD: 0064 4K VtD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D VTD: 0094 7F VTD: 0096 7H VTD: 0097 7J VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOA5 7S VTD: OOA8 8A VTD: OOA9 8B VTD: GOBI 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOB5 8G VTD: OOB6 8H
VTD: OOB7 8J
VTD: OOB8 8K
VTD: OOB9 8L
VTD: OOC1 8M
VTD: OOC2 8N
4306
JOURNAL OF THE HOUSE,
VTD: OOC3 8P VTD: OOC4 8R VTD: OOC7 8V VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 10E VTD: OOFS 10F VTD: OOF4 10G VTD: OOFS 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOF9 10M VTD: OOG1 ION VTD: OOG2 11A VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOG8 11G VTD: OOG9 11H VTD: OOH1 11J VTD: OOH2 UK VTD: OOH3 11L VTD: OOH4 11M VTD: OOH5 UN VTD: OOH6 IIP VTD: OOH7 11R VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E VTD: OOJ5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK1 12L
VTD: OOK2 12M
VTD: OOK3 12N
VTD: OOK4 12P
VTD: OOK6 CP01
VTD: OOK7 CP02
TUESDAY, MARCH 31, 1992
4307
VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOL8 EPOS VTD: OOM1 EP05 VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15
VTD: OON3 FA01 VTD: OON4 HP01 VTD: OON5 HP02
VTD: OOR1 PA01
VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10
VTD: OOT4 SC11 VTD: OOT5 SC12 VTD: OOT6 SC13
VTD: OOT7 SC14 VTD: OOT9 SC16
VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21
VTD: OOU8 SS02 VTD: OOU9 SS03
VTD: OOV1 SS04 VTD: OOV2 SS05
VTD: OOV3 SS06 VTD: OOV4 SS07 VTD: OOV5 SS08
VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: 00V8 SS11
VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14
VTD: OOW4 SS16 VTD: OOW5 SS18
VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW8 SS21
VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: 00X5 SS23
VTD: 00X7 9T VTD: OOY3 SC01
VTD: OOY4 SC02 VTD: OOY5 SC03
VTD: OOY6 SC04 VTD: OOY7 SC05
VTD: OOY9 SC07
4308
JOURNAL OF THE HOUSE,
District: 6
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0011 LITTLE RIVER VTD: 0016 WOODSTOCK
COBB COUNTY VTD: 0001 ACWORTH VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0013 CHEATHAM HILL 1 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03 Block(s): 208B Tract: 0310.01 Block(s): 910L, 925B, 925C Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 303B, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404B, 405A, 405C, 406, 407, 408, 409B, 411D VTD: 0019 DODGEN VTD: 0020 DUE WEST VTD: 0021 EASTSIDE VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01
Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02
Block(s): 601C Tract: 0305.03
Block(s): 108B Tract: 0306.
Block(s): 506B, 601, 602, 603, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B
VTD: 0023 ELIZABETH 2 VTD: 0024 ELIZABETH 3 VTD: 0025 ELIZABETH 4
TUESDAY, MARCH 31, 1992
4309
VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0057 MARIETTA 1 (Part)
Tract: 0303.21 Block(s): 302A, 402A, 403A
Tract: 0304.04 Block(s): 101A, 101B
Tract: 0304.06 Block(s): 101A, 101B, 102A, 301A, 401A, 401B, 402A, 402B, 501A, 501B, 501C
Tract: 0310.01 Block(s): 911, 912
Tract: 0311.09 Block(s): 101A, 101C
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A Tract: 0305.01 Block(s): 908A Tract: 0306. Block(s): 703A, 704A, 705A, 706A, 708A, 708G
VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A
VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01
Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02
Block(s): 601A, 604A, 615A
Tract: 0304.04
Block(s): 301A, 302
Tract: 0304.05
Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803
4310
JOURNAL OF THE HOUSE,
Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A
Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 302A, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A, 601, 602, 603, 604
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0075 OREGON 1 VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0090 RED ROCK VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 (Part)
Tract: 0310.01 Block(s): 210, 216C, 216D, 228B
Tract: 0310.02 Block(s): 120A
Tract: 0310.03
Block(s): 110A, 112A, 113A
Tract: 0311.01
Block(s): 101A, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121A, 122A, 302, 303, 311, 312, 313, 314, 315
Tract: 0311.05
TUESDAY, MARCH 31, 1992
4311
Block(s): 101, 102 Tract: 0311.08
Block(s): 303A, 308, 310A, 319 VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 VTD: OOB3 GRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10 VTD: OOB6 KEMP VTD: OOB7 GRITTERS 9 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 115D, 801B, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826
VTD: OOC1 OREGON 5 DEKALB COUNTY
VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0023 CHESTNUT VTD: 0037 DUNWOODY VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0099 PEACHTREE VTD: OOAW SHALLOWFORD VTD: OOBQ VANDERLYN VTD: OOBR VERMACK FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NCOS VTD: OOP2 NC04 VTD: OOPS NC05 VTD: OOP4 NC06 VTD: OOPS NC07 VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOP9 NC11 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 VTD: OOR8 RW06
VTD: OOR9 RW07
VTD: OOU7 SS01
VTD: OOW3 SS15
VTD: OOW9 SS22
VTD: 00X3 AP02
4312
JOURNAL OF THE HOUSE,
VTD: 00X6 SS17 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0018 1263A VTD: 0024 404A VTD: 0030 407C VTD: 0036 406C VTD: 0038 406E VTD: 0041 406H VTD: 0049 1604 VTD: 0052 1263C VTD: 0055 407D VTD: 0058 406L VTD: 0059 406M VTD: 0067 404B
District: 7
CHATTOOGA COUNTY FLOYD COUNTY BARTOW COUNTY POLK COUNTY PAULDING COUNTY HARALSON COUNTY CARROLL COUNTY DOUGLAS COUNTY HEARD COUNTY TROUP COUNTY COBB COUNTY
VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0018 DOBBINS 2 (Part)
Tract: 0304.06 Block(s): 102B
Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B
Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910C, 910E, 910F, 910G, 910H, 910J, 910K, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C
Tract: 0311.08 Block(s): 301, 302, 305, 306, 307, 309, 404A
VTD: 0022 ELIZABETH 1 (Part) Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, 501E, 502B, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 901C, 901D, 902B, 902C, 902D, 902E, 917E
VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5
TUESDAY, MARCH 31, 1992
4313
VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0308. Block(s): 206B Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A
VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 (Part)
Tract: 0307. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 309, 310, 314, 315, 318, 321, 322, 323
Tract: 0308. Block(s): 206A, 207, 209A, 209B, 210, 211, 214, 215A, 216, 217, 302, 303, 304, 305, 306, 307, 308, 404, 405, 406, 407, 408, 411, 412, 413, 501, 511, 601, 602, 603, 604, 605, 606, 607, 608, 611, 701, 702, 703, 704, 705, 706, 707, 712, 713, 801, 802, 807, 808
Tract: 0310.01 Block(s): 908A, 910A, 910B
Tract: 0311.09 Block(s): 501, 502, 503A, 504, 505
VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part)
Tract: 0302.07 Block(s): 823A
Tract: 0305.02 Block(s): 602
Tract: 0306.
Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919
Tract: 0307.
Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519
Tract: 0309.01
4314
JOURNAL OF THE HOUSE,
Block(s): 301A, 302, 303, 304 VTD: 0061 MARIETTA 5 (Part)
Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715
VTD: 0062 MARIETTA 6 (Part) Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0063 MARIETTA 7 (Part) Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, lu~ i09, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809
VTD: 0070 MT. HARMONY VTD: 0076 OREGON 2 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA1 SMYRNA 6 (Part)
Tract: 0311.08 Block(s): 304
VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 823B
VTD: OOB9 MARIETTA 2B VTD: OOC2 BIRNEY 2
District: 8
JOHNSON COUNTY LAURENS COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY WHEELER COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY TURNER COUNTY BEN HILL COUNTY WORTH COUNTY COFFEE COUNTY IRWIN COUNTY TIFT COUNTY BERRIEN COUNTY ATKINSON COUNTY COOK COUNTY CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY BIBB COUNTY
TUESDAY, MARCH 31, 1992
4315
VTD: 0007 EM07 VTD: 0009 EM09 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 (Part)
Tract: 0130. Block(s): 283B, 291
Tract: 0135.01 Block(s): 401, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523
Tract: 0135.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 133, 134, 135, 136, 137, 205, 206, 207, 208, 209, 210, 211, 212, 303, 305, 306, 307, 308
VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 (Part)
Tract: 0102. Block(s): 115, 207, 208, 209, 210, 211, 212, 214, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409
VTD: 0041 VINEVILLE 08 (Part) Tract: 0110. Block(s): 318, 319 Tract: 0119. Block(s): 101, 102, 103, 112, 113, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319
VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part)
Tract: 9709.
Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462
VTD: 0002 CROSLAND
VTD: 0003 DOERUN
VTD: 0004 FUNSTON (Part)
4316
JOURNAL OF THE HOUSE,
Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129B, 130, 132, 133, 308A, 309, 310, 311, 312, 313, 314A
VTD: 0005 HAMILTON VTD: 0007 LEE VTD: 0008 MILL CREEK VTD: 0009 MONK VTD: 0010 MOULTRIE (Part)
Tract: 9703. Block(s): 215A, 215B
Tract: 9704. Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 119, 120, 121, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 335A, 337, 340, 341, 342
Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A
Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 257, 258, 308, 309, 310, 311, 312, 313, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630
Tract: 9708. Block(s): 131, 132, 133, 201, 202, 203, 204, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418
VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON VTD: 0014 THIGPEN VTD: 0015 TY TY VTD: 0016 WARRIOR
VTD: 0017 HOPEWELL
VTD: 0019 AUTREYVILLE
CRISP COUNTY
VTD: 0001 CORDELE (Part)
Tract: 9801.
TUESDAY, MARCH 31, 1992
4317
Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 121, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 203, 207, 208, 209, 210, 214, 215A, 215B, 215C, 215D, 215E, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263B, 264B, 265B, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306B, 306C, 319, 322, 323A, 323B, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363
Tract: 9802.
Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144B, 145, 146, 147, 149, 150, 168B, 168E, 173D, 173E, 174A, 174B, 175, 176, 177, 178, 184, 185, 186, 187, 193, 194, 195, 196B, 197B, 328, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619
Tract: 9803.
Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271, 301, 302, 303, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370
Tract: 9804.
Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 307, 308, 310, 319, 320, 327, 328, 329, 330, 335, 336, 337, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413,
4318
JOURNAL OF THE HOUSE,
414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 432, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C,
504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525,
526, 527A, 527B, 528A, 528B, 528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544
Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119,
120 VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY DOOLY COUNTY VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE HOUSTON COUNTY VTD: 0001 RUMB (Part)
Tract: 0205. Block(s): 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235
Tract: 0207. Block(s): 101B, 201A, 201B, 202, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409
Tract: 0208. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 301, 901A, 901B, 901C
Tract: 0211.01 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 114A, 114B, 115A, 115B
VTD: 0002 MILL VTD: 0003 MSSH (Part)
Tract: 0201.03 Block(s): 301A, 303
Tract: 0202. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119
Tract: 0203.
TUESDAY, MARCH 31, 1992
4319
Block(s): 315, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429
VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0203. Block(s): 101A, 101B, 114B Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202A, 202B, 202C, 202D, 202E, 203, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 902, 905, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121
VTD: 0006 RUSS VTD: 0007 PKWD VTD: 0008 NSJH (Part)
Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 308, 309A, 309B, 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 417, 418, 419, 420, 426, 427, 428
VTD: 0009 LII VTD: 0010 UII (Part)
Tract: 0211.01 Block(s): 113B
Tract: 0211.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106E, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 301, 304
Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345
VTD: 0011 10TH (Part)
Tract: 0211.02
Block(s): 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313
Tract: 0211.03
Block(s): 334, 335, 336
Tract: 0212.
4320
JOURNAL OF THE HOUSE,
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 206
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 408A Tract: 0201.02 Block(s): 203, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218
VTD: 0013 ANNX (Part) Tract: 0209. Block(s): 408, 409, 410, 411 Tract: 0210. Block(s): 301, 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 318, 319 Tract: 0211.01 Block(s): 201B, 201C, 201D, 201E, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208A, 208C, 211B, 211C, 211F, 301A, 301B, 301C, 302A, 302B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405A, 405B, 405C, 405D, 406A, 406B, 407A, 407B, 407C, 407D, 407E, 407F, 407G, 408A, 408B, 409A, 409B, 410A, 410B, 410C, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B Tract: 0211.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219
VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 201, 202, 203, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 231, 237, 238, 239, 240, 241
VTD: 0016 TOWN (Part)
Tract: 0212.
Block(s): 204, 205, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 301, 302, 303A, 303B, 508, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 701, 702, 703, 704, 709, 710
Tract: 0213.
Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115B, 115C, 115D, 116, 117A, 117B, 117C, 131, 132, 303, 304, 311D, 314, 315, 316, 317, 428A, 428B, 429B, 430B, 431, 432
Tract: 0214.
Block(s): 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 301, 302, 303, 304, 305A, 305B, 306A, 306B, 307A,
TUESDAY, MARCH 31, 1992
4321
307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 401, 402A, 402B, 407, 408, 507, 525, 526, 527, 528, 529, 530 Tract: 0215.02 Block(s): 143B, 144, 145 VTD: 0017 WRJH JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 117, 118, 119, 204, 205, 206, 208, 209, 225, 226, 227 VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 207, 213, 219, 220, 221, 222, 223, 224, 228, 229, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 VTD: 0008 ROBERTS 4 LEE COUNTY VTD: 0002 REDBONE VTD: 0003 LEESBURG (Part) Tract: 0203. Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508 VTD: 0004 CENTURY VTD: 0005 PALMYRA LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 461, 462, 475, 476, 477, 478, 479, 480, 481, 482, 483, 485, 486, 487 VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101. Block(s): 305A, 305B, 306 Tract: 0103. Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211,
212, 213, 214, 215, 216, 217, 218, 219A, 221A, 221B, 221C, 222A, 222B, 233, 234A, 235, 236, 237, 238, 251, 252, 254A,
257A
Tract: 0104. Block(s): 125A, 126, 127, 128, 129, 136A, 138A, 139A, 140A, 142A, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234
VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE
VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH
VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part)
4322
JOURNAL OF THE HOUSE,
Tract: 0105. Block(s): 101, 102, 129
Tract: 0106. Block(s): 301A, 301B, 302, 303A, 303B, 303C
Tract: 0107. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 255, 256, 257, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329
Tract: 0108. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 134, 201, 202A, 202B, 202C, 203, 401B, 434B, 436B
VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 269, 270, 271, 274A, 274B, 275, 277, 278, 279, 280, 281, 283, 284, 285, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305M Tract: 0103. Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206F, 206G, 219B, 220B, 221D, 221E, 222C, 222D, 222E, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B, 125B, 125C, 136B, 137, 138B, 139B, HOB, 141, 142B Tract: 0106. Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B, 109C, 109D, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221D, 222, 223, 224, 225, 226, 227, 228
VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL TWIGGS COUNTY VTD: 0002 HAMMOCK VTD: 0006 PEARSON 1 VTD: 0008 SMITH VTD: 0011 PEARSON 2 (Part)
Tract: 0601.98 Block(s): 389
Tract: 0602. Block(s): 501, 502, 505, 507, 508, 509, 510, 515, 516, 518
District: 9
DADE COUNTY
TUESDAY, MARCH 31, 1992
4323
RABUN COUNTY WALKER COUNTY CATOOSA COUNTY WHITFIELD COUNTY MURRAY COUNTY FANNIN COUNTY TOWNS COUNTY UNION COUNTY GILMER COUNTY HABERSHAM COUNTY WHITE COUNTY LUMPKIN COUNTY STEPHENS COUNTY GORDON COUNTY DAWSON COUNTY PICKENS COUNTY HALL COUNTY FORSYTH COUNTY CHEROKEE COUNTY
VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0012 MULLINS VTD: 0013 SALICOA VTD: 0015 WILDCAT
District: 10
FRANKLIN COUNTY HART COUNTY BANKS COUNTY JACKSON COUNTY ELBERT COUNTY MADISON COUNTY BARROW COUNTY OGLETHORPE COUNTY CLARKE COUNTY LINCOLN COUNTY OCONEE COUNTY WALTON COUNTY MORGAN COUNTY NEWTON COUNTY COLUMBIA COUNTY MCDUFFIE COUNTY GWINNETT COUNTY
VTD: 0001 1295A VTD: 0017 1564 VTD: 0020 1749 VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A
4324
JOURNAL OF THE HOUSE,
VTD: 0048 550B VTD: 0062 550C VTD: 0063 550D VTD: 0068 407F (Part)
Tract: 0507.05 Block(s): 118, 160A, 160C
RICHMOND COUNTY VTD: 0004 2A (Part) Tract: 0008. Block(s): 303, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 319, 320 VTD: 0005 3 (Part) Tract: 0009. Block(s): 606, 607, 608, 609 Tract: 0010. Block(s): 204, 205, 206, 207, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 406, 415, 416, 417, 418, 419, 420, 422, 423, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 444 VTD: 0012 5 VTD: 0013 5A VTD: 0015 6 (Part) Tract: 0011. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 501, 506, 507, 508, 509, 510, 511, 512, 513 Tract: 0013. Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A VTD: 0017 6B VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 (Part) Tract: 0011. Block(s): 306, 307, 308, 313, 314 Tract: 0012. Block(s): 402, 605, 606, 607, 608, 616 VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 207A, 208A, 209, 212, 213A, 215, 216, 217, 218, 226A, 227A VTD: 0023 8B (Part) Tract: 0016. Block(s): 214, 901A, 902, 903A, 904
VTD: 0029 86-1
VTD: 0030 86-2
VTD: 0033 86-5
VTD: 0034 86-6 (Part)
Tract: 0109.02
Block(s): 133, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225,
TUESDAY, MARCH 31, 1992
4325
301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497
VXD: 0035 86-7
VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 949, 953, 954
Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178,
179, 180, 181, 182, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302,
303, 304, 305, 306 VTD: 0037 87-1 VTD: 0038 87-2 (Part)
Tract: 0001.
Block(s): 515, 516C, 518, 519, 520, 521, 525 Tract: 0101.02
Block(s): 302, 303, 315, 316, 317, 323
Tract: 0102.01 Block(s): 102, 103, 104, 105, 126, 128, 131, 132, 133, 134, 135
VTD: 0045 88-7 (Part)
Tract: 0105.07 Block(s): 205, 206, 207, 208, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 228, 229, 230, 231
VTD: 0046 89-1 VTD: 0048 89-3
VTD: 0050 89-5 VTD: 0051 89-6 VTD: 0052 89-7 (Part)
Tract: 0105.05 Block(s): 901, 902, 916, 917
Tract: 0105.07
Block(s): 301, 302, 304, 305, 306, 307, 308, 309, 313, 314, 412, 413, 414, 415, 418
VTD: 0055 89-10
VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0058 90-3 VTD: 0059 90-4
VTD: 0060 90-5 (Part) Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 515, 516, 517, 901C
Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01
Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 426, 430, 431
4326
JOURNAL OF THE HOUSE,
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
VTD: 0066 FG4 VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): 901D, 901G, 901H, 901J, 906, 907, 911, 912
WILKES COUNTY VTD: 0002 2A (Part) Tract: 9801. Block(s): 239, 240, 241B, 242, 243, 244, 245, 246, 247, 248, 249, 250, 268, 269 Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 117, 118, 119, 120, 121, 122, 123A, 123B, 124A, 124B, 125, 316, 528B, 529B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620B, 621B, 629, 630, 637B, 637C, 638, 639, 640B, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 710, 711, 712, 713, 714, 715A, 715B, 716A, 716B, 717, 718, 719, 720, 721, 722, 723, 749, 750, 751, 752, 753, 754, 755, 757, 758, 759, 760, 761, 762, 763, 764, 765, 789 VTD: 0003 2B (Part) Tract: 9801. Block(s): 215, 216, 217, 218, 219, 220, 221, 222, 230B, 236, 237, 238, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267 Tract: 9803. Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 737, 738, 743, 744, 745, 746, 747, 748, 756, 766, 796, 797 VTD: 0004 3A (Part) Tract: 9802. Block(s): 204, 205, 206, 207, 208, 209, 210, 211, 226, 227, 228, 229, 230, 231, 232, 235, 236, 237, 238 Tract: 9803. Block(s): 202B, 203, 204, 205, 207A, 207B, 208, 209, 210, 211 VTD: 0005 3B VTD: 0006 4A VTD: 0007 4B
District: 11
GREENE COUNTY TALIAFERRO COUNTY WARREN COUNTY JASPER COUNTY PUTNAM COUNTY HANCOCK COUNTY BUTTS COUNTY GLASCOCK COUNTY JEFFERSON COUNTY BURKE COUNTY WASHINGTON COUNTY SCREVEN COUNTY WILKINSON COUNTY JENKINS COUNTY
TUESDAY, MARCH 31, 1992
4327
BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402 Tract: 9704. Block(s): 101B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B, 307, 308C, 308D, 309B, 310B, 311C, 311D, 311E, 311F Tract: 9705. Block(s): 201B, 202B, 212B, 325B, 326C, 326D, 328, 341, 342, 343B, 344A, 344B, 346C, 346D, 347, 348, 350B, 356B, 359B, 361, 362B, 363, 364, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 201, 202, 203, 204, 205, 210, 401, 402, 403, 404, 405, 410, 411, 412, 413, 414 VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E VTD: 0007 NORTH MILLEDGEVILLE 320N (Put) Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A Tract: 9702. Block(s): 107A, 301A, 302, 303, 304, 305, 317, 318, 319A, 319B, 319C, 320A, 321A, 322, 323A, 323B, 324, 325A, 327A, 328A, 329A, 330B, 330C, 332A, 342A Tract: 9703. Block(s): 220B, 225A, 226A, 229A, 230A, 231A, 232A, 233A Tract: 9704. Block(s): 101A, 102, 103, 104, 105, 110, 111, 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 212B, 212C, 213A, 214A, 215, 216, 217, 221, 222, 308A VTD: 0008 SOUTH MILLEDGEVILLE 320S VTD: 0009 WEST HARDWICK 321W VTD: 0010 CMC 320G VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H VTD: 0012 FIRST CHRISTIAN CHURCH 320C VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 132, 133
CHATHAM COUNTY VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 201A, 202A, 212, 301B, 310A, 310B, 311B, 312, 313, 314, 315, 404, 405, 406A, 406B, 407A, 407B, 408, 409, 410A, 410B, 411, 412A, 412B Tract: 0040.02
Block(s): 101, 102, 103, 104A, 104B, 105, 118A, 118B
Tract: 0102.
Block(s): 312A, 312B, 312C, 313A, 313B, 313C
VTD: 0013 1-13 (Part)
Tract: 0102.
4328
JOURNAL OF THE HOUSE,
Block(s): 101, 102, 103, 118, 119, 120, 201, 206, 207, 208, 209, 210, 308, 309, 310, 311, 312D, 314, 315, 316
VTD: 0014 2-1 VTD: 0015 2-2
VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5
VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8
VTD: 0026 3-3 (Part)
Tract: 0036.01
Block(s): 308, 309, 310, 311, 312, 313, 314 VTD: 0027 3-4 VTD: 0029 3-6 (Part)
Tract: 0035.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117
VTD: 0030 3-7 VTD: 0035 4-2 VTD: 0043 4-10 (Part)
Tract: 0038.
Block(s): 204B, 307B, 312B, 313B Tract: 0039.
Block(s): 201B, 202B
Tract: 0101.02 Block(s): 407, 408, 409, 410
VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0049 5-4
VTD: 0050 5-5
VTD: 0051 5-6 VTD: 0052 5-7 VTD: 0053 5-8
VTD: 0054 5-9
VTD: 0055 5-10 VTD: 0069 7-5 (Part)
Tract: 0107.98 Block(s): 101B, 104, 183, 184, 185, 186A, 186B, 187A, 187B, 195, 196,
197 VTD: 0077 8-2 (Part)
Tract: 0105.01 Block(s): 201, 212B, 213
Tract: 0106.04 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129B, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155
Tract: 0106.05 Block(s): 101, 102B, 103, 104, 117, 118, 175
Tract: 0106.99 Block(s): 146Z
VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5
TUESDAY, MARCH 31, 1992
4329
VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0039 EASTLAND VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY
VTD: 0098 PEACHCREST VTD: OOAB PHILLIPS
VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK
VTD: OOAH REDAN NORTH
VTD: OOAJ REDAN SOUTH VTD: OOAN ROWLAND
VTD: OOAP ROWLAND HILLS
VTD: OOAT SALEM VTD: OOAV SCOTTDALE
VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL
VTD: OOBH STONEVIEW
VTD: OOBJ TERRY MILL VTD: OOBK TILSON
VTD: OOBL TONEY VTD: OOBN TOWERS
VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL
EFFINGHAM COUNTY VTD: 0005 CLYO 3B (Part)
Tract: 0301.
4330
JOURNAL OF THE HOUSE,
Block(s): 101, 102, 103, 104, 105, 106, 107, 109, 110, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210
Tract: 0302. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 136, 143, 144, 145, 146, 147, 148, 149, 156, 157, 158, 160, 187, 188, 189, 190
VTD: 0006 MASONIC LODGE 3C AND SPRINGFIELD 4 (Part) Tract: 0302. Block(s): 161, 162, 166, 191, 201, 208, 209, 210 Tract: 0303.98 Block(s): 101, 102, 104, 117
VTD: 0008 RINCON 5 (Part) Tract: 0303.98 Block(s): 106, 107, 108, 195, 196, 197, 301, 302, 303, 304, 305, 317, 327, 328, 329, 330, 331, 332, 391, 392, 393
HENRY COUNTY VTD: 0005 BEERSHEBA VTD: 0020 HIGHLAND VILLAGE (Part) Tract: 0702.01 Block(s): 136, 139, 140, 141, 142, 143, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154 VTD: 0030 LOVES VTD: 0045 MCMULLEN VTD: 0050 SANDY RIDGE VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 101, 102, 103, 104, 105, 120, 121, 122, 123, 124 Tract: 0701.98 Block(s): 101, 102, 103, 104, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 152, 153, 154, 155, 156, 157, 158, 159, 160
RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 VTD: 0004 2A (Part) Tract: 0006. Block(s): 506, 507, 512 Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 116, 119, 120, 121, 122, 123, 124, 127 Tract: 0008. Block(s): 201, 202, 203, 204, 205, 206, 207, 209, 210, 301, 302, 304, 305, 306, 317, 318 VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 610, 612, 613 Tract: 0010. Block(s): 122, 201, 202, 203, 208, 209 VTD: 0006 3A
VTD: 0007 3B
VTD: 0008 4
VTD: 0009 4A
VTD: 0010 4B
VTD: 0011 4C
TUESDAY, MARCH 31, 1992
4331
VTD: 0014 5B VTD: 0015 6 (Part)
Tract: 0012. Block(s): 901A
VTD: 0016 6A VTD: 0018 6C VTD: 0021 8 (Part)
Tract: 0001. Block(s): 414, 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B
Tract: 0011. Block(s): 304, 305, 309, 316, 317, 318, 319, 320, 321
VTD: 0022 8A (Part) Tract: 0016. Block(s): 103, 104, 105, 106, 107, 108, 109, 219A, 233
VTD: 0023 8B (Part) Tract: 0016. Block(s): 503A, 601, 602, 603, 604, 605A, 905A
VTD: 0024 8C VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0031 86-3 VTD: 0032 86-4 VTD: 0034 86-6 (Part)
Tract: 0109.02 Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138
VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 936B, 941, 942, 943, 945, 946, 947, 948B, 950, 951, 952, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0109.02 Block(s): 102
VTD: 0038 87-2 (Part) Tract: 0016. Block(s): 201, 219B, 220, 232, 235
VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0047 89-2 VTD: 0049 89-4 VTD: 0052 89-7 (Part)
Tract: 0105.05 Block(s): 903, 904
VTD: 0053 89-8 VTD: 0060 90-5 (Part)
Tract: 0016. Block(s): 503B, 504, 513, 901B
VTD: 0063 FG1 VTD: 0064 FG2
VTD: 0068 FG6 TWIGGS COUNTY
4332
JOURNAL OF THE HOUSE,
VTD: 0001 BLUFF VTD: 0003 HIGGSVILLE AND SHADY GROVE VTD: 0004 JEFFERSONVILLE VTD: 0011 PEARSON 2 (Part)
Tract: 0601.98 Block(s): 201, 202, 213, 214, 215, 216, 217, 218, 219, 220, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 273, 343, 374, 375, 388, 390
Tract: 0602. Block(s): 301, 302, 303, 304, 305, 306, 355, 356, 503, 504, 506, 511, 512, 513, 514, 517, 519, 522, 523
WILKES COUNTY VTD: 0001 1 VTD: 0002 2A (Part) Tract: 9803. Block(s): 317, 318, 319, 329, 330, 331, 339, 340, 341, 342, 343, 344, 345, 785, 786, 787, 788 VTD: 0003 2B (Part) Tract: 9803. Block(s): 734, 735, 736, 739, 740, 741, 742, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 790, 791, 792, 793, 794, 795 VTD: 0004 3A (Part) Tract: 9802. Block(s): 223, 224, 225, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249 Tract: 9803. Block(s): 202A, 202C, 206, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233A, 233B, 234, 235, 414B, 415
(b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which con tains the least population according to the United States decennial census of 1990 for this state.
(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 1993. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1990 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1992 for the purpose of electing the members in 1992 who are to take office in 1993. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provi sions of this Code section shall be effective January 1, 1993."
Section 3. The provisions of this Act shall control over any conflicting provisions of any other Act of the 1992 General Assembly relating to the same subject matter.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Aiken of the 21st asked to be excused from voting pursuant to Rule 134.
TUESDAY, MARCH 31, 1992
4333
Representative Hanner of the 131st moved that the House adopt the report of the Committee of Conference on HB 1657.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford N Ashe N Atkins Y Baker
Y Balkcom Y Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates N Beatty Y Benefield Y Birdsong N Blitch N Bordeaux Y Bostick Y Branch N Breedlove N Brooks
Brown N Brush YBuck N Buckner
YByrd Y Campbell
Canty Y Carrell N Carter Y Cauthorn N Chafin
Chambless
N Cheeks Y Childers
N Clark.E N Clark.L Y Coker
Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B N Cummings.M N Davis.D N Davis.G N Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards N Elliott N Felton
Fennel Y Floyd.J.M N Floyd.J.W Y Flynt
N Godbee N Golden Y Goodwin E Green
Greene Y Griffin N Groover E Hamilton Y Hammond Y Hanner
Y Harris.B N Harris.J
N Heard Y Henson Y Herbert
Y Holland N Holmes N Howard
Y Hudson Y Irwin
N Jackson N Jamieson Y Jenkins
N Jones Y Kilgore YKing N Kingston N Klein NLadd Y Lane,D N Lane.R N Langford N Lawrence N Lawson YLee
Long Lord N Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey McKinney,B McKinney,C N Meadows Y Merritt Y Milam
On the motion, the ayes were 90, nays 71. The Chair votes "aye". The ayes were 91, nays 71. The motion prevailed.
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
NOrr Y Orrock Y Padgett Y Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit N Pinholster N Pinkston YPoag Y Porter
Poston N Powell.A N Powell.C N Presley Y Purcell Y Randall
NRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson N Sinkfield
Y Skipper N Smith.L N Smith,?
Y Smith.T N Smith.W Y Smyre Y Snow Y Stancil.F N Stancil.S
N Stanley N Streat Y Taylor Y Teper Y Thomas.C N Thomas.M N Thomas.N N Thurmond
N Titus N Tolbert Y Townsend N Turnquest Y Twiggs Y Valenti N Vaughan N Walker,J N Walker.L N Wall N Watson Y Watts
. White N Wilder N Williams.B N Williams.J
Williams.R Y Yeargin
Murphy ,Spkr
Representative Williams of the 90th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representatives Greene of the 130th, Chambless of the 133rd and Brown of the 88th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 2035.
By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to reapportion the commission districts.
4334
JOURNAL OF THE HOUSE,
The following Senate substitute was read:
A BILL
To amend an Act creating the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, so as to reapportion the commis sioner districts; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, is amended by striking Section 18 and inserting in lieu thereof the following:
"Section 18. Commissioner districts, (a) For purposes of the election of members of the board of commissioners, Carroll County is divided into the following territory:
Commissioner District: 1
CARROLL COUNTY VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9907. Block(s): 317, 321, 322, 323, 404, 405B, 407, 408, 409C, 410B, 410C VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 101B, 102, 103, 104B, 105B, 106, 107, 108A, 108C, 108D, 109C, 111C Tract: 9906. Block(s): 118, 119, 142, 143, 144, 145A, 145C VTD: 0006 CENTRAL HIGH 714 B SOUTH (Part) Tract: 9910. Block(s): 308B, 309B, 315, 316 VTD: 0009 SANDHILL (Part) Tract: 9907. Block(s): 314, 315, 316 VTD: 0015 BOWDEN JUNCTION (Part) Tract: 9903. Block(s): 156, 157, 176, 177, 178, 179, 180, 181, 182, 183, 186, 188, 233B, 234, 235, 236, 237, 238, 257, 258, 259, 260 VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9905. Block(s): 108B, 109A, 109B, 130A, 131A, 131B, 131C, 131D, 131E, 132, 133, 134, 135, 139A, 140, 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 401, 402A, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 507 VTD: 0021 LAKESHORE RECREATION CENTER 714A2 (Part) Tract: 9906. Block(s): 145B, 202A, 203, 204, 205, 207A, 207B, 207D, 214, 215, 216, 217, 218, 219, 308, 309, 310, 311, 312, 322, 323, 334, 335 Tract: 9907. Block(s): 405A, 406, 409A, 409B, 410A VTD: 0022 BONNER 714A3 (Part) Tract: 9907. Block(s): 515, 516, 519, 527, 528, 530, 531 Tract: 9910.
TUESDAY, MARCH 31, 1992
4335
Block(s): 104, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 201, 202, 301, 302, 303, 306, 307, 308A, 309A
Tract: 9911. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 112, 113, 114, 115, 116, 117, 118, 120
VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 501, 502, 503, 504, 505, 506
VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905. Block(s): 123, 130C, 131F, 131G, 131H, 131J, 139B, 139C, 139D, 402B
Commissioner District: 2
CARROLL COUNTY VTD: 0009 SANDHILL (Part) Tract: 9901. Block(s): 430, 431, 432, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449 Tract: 9906. Block(s): 101, 102, 132, 133, 134 Tract: 9907. Block(s): 116, 117, 118, 119, 120, 165, 166, 167, 168, 169, 181A, 183, 184, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 VTD: 0017 HULETT (Part) Tract: 9907. Block(s): 164, 170, 171, 181B, 182 VTD: 0018 VILLA RICA CITY VTD: 0019 VILLA RICA COUNTY
Commissioner District: 3
CARROLL COUNTY VTD: 0001 TEMPLE 649 VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9906. Block(s): 135, 201, 202B Tract: 9907. Block(s): 318, 319, 320, 439, 440, 441 VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 110, 11 IB Tract: 9906. Block(s): 112, 113, 114, 115, 116, 117, 120, 121, 122, 123, 124, 125, 128, 129, 130, 136, 137, 138, 139, 140, 141, 202C, 206, 207C, 208, 209, 210, 211, 212 VTD: 0010 CENTERPOINT VTD: 0012 MOUNT ZION VTD: 0015 BOWDEN JUNCTION (Part) Tract: 9903. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106, 107, 108, 109A, 109B, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 116A, 116B, 117A, 117B, 118A, 118B, 119A, 119B, 120A, 120B, 120C, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155,
4336
JOURNAL OF THE HOUSE,
158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 184, 185, 187, 189, 190, 192, 193, 194, 195, 196, 197, 221A, 221B, 225, 226, 233A VTD: 0020 WEST SIDE GYM 714A1 (Part) Tract: 9905. Block(s): 101A, 101C, 104A, 105A, 111A, 112, 113A, 124A, 126, 128A, 128B, 129A, 136, 137A, 137B, 205A VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905. Block(s): HID, 113B, 114, 115, 116, 124B, 125, 127, 128C, 129B, 130B, 137C, 138, 205B
Commissioner District: 4
CARROLL COUNTY VTD: 0004 ARMY RESERVE 7 KB EAST (Part) Tract: 9907. Block(s): 185, 186, 187, 221, 222, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 401, 402, 403B, 403C, 403D, 411B, 429B, 429C, 430C, 430D, 430E, 431B, 432B, 433C, 433D, 434, 435B, 435C, 436B, 436C, 603, 604, 605, 606, 607, 608, 609, 610B, 617, 618B, 619C, 620, 625, 626, 627, 628 VTD: 0006 CENTRAL HIGH 714 B SOUTH (Part) Tract: 9910. Block(s): 205B, 206, 207, 208, 310B, 310C, 310D, 310E, 312, 313, 314, 317, 318, 319, 320, 321 Tract: 9911. Block(s): 225B, 228B, 229B, 230B, 230C, 231, 234, 314B, 317B, 501, 502 507 VTD: 0020 WEST'siDE GYM 714A1 (Part) Tract: 9911. Block(s): 128 VTD: 0021 LAKESHORE RECREATION CENTER 714A2 (Part) Tract: 9906. Block(s): 213, 301, 302, 303, 304, 305, 306, 307, 313, 314, 315, 316, 317, 318, 319, 320, 321, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333 Tract: 9907. Block(s): 403A, 411A, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 430A, 430B, 431A, 432A, 433A, 433B, 435A, 436A, 437, 438, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 517, 518, 520, 521, 522, 523, 524, 525, 532, 533 VTD: 0022 BONNER 714A3 (Part) Tract: 9907. Block(s): 526, 529, 610A, 611, 612, 613, 614, 615, 616, 618A, 619A, 619B Tract: 9910. Block(s): 101, 102, 103, 105, 106, 107, 108, 203, 204, 205A, 304, 305, 310A, 311 Tract: 9911. Block(s): 109, 110, 111, 119, 121, 122, 123, 124, 125, 126, 129, 130, 201, 202, 203, 204, 205, 206, 207, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 226, 229A, 230A, 230D, 230E, 235, 236, 237, 238 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 508, 509, 510, 511, 512, 534, 535, 601A, 606A Tract: 9911.
TUESDAY, MARCH 31, 1992
4337
Block(s): 127, 208, 209, 227A, 227B, 228A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 313, 314A, 315A, 315B, 316A, 316B, 317A
VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9911. Block(s): 401A
VTD: 0025 OAK GROVE CHURCH 715 (Part) Tract: 9907. Block(s): 623 Tract: 9910. Block(s): 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 228, 233, 234, 235, 236, 237, 238
Commissioner District: 5
CARROLL COUNTY VTD: 0002 WHITESBURG 682 VTD: 0003 ROOPVILLE 713 VTD: 0011 LOWELL VTD: 0014 CLEM VTD: 0017 HULETT (Part) Tract: 9907. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 172, 173, 174, 175, 176, 177, 178, 179, 180, 188, 189, 190, 191, 192, 193, 194, 195, 601, 602 Tract: 9908. Block(s): 112, 113, 114, 115, 116, 117, 118, 119 VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9911. Block(s): 503, 504, 505, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529 VTD: 0025 OAK GROVE CHURCH 715 (Part) Tract: 9909. Block(s): 203 Tract: 9910. Block(s): 322, 323, 324, 325, 326, 327, 328, 330, 331 Tract: 9911. Block(s): 232, 233, 506, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 530, 531
Commissioner District: 6
CARROLL COUNTY VTD: 0007 KANSAS VTD: 0008 BOWDEN VTD: 0013 BURWELL VTD: 0016 TYUS VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 513A, 514A, 514B, 515A, 515B, 527A, 528, 529, 530, 531, 532, 533, 602, 603A VTD: 0024 OLD CAMP CHURCH 714B WEST (Part) Tract: 9905. Block(s): 119, 120, 121, 122, 513B, 514C, 515C, 516, 517, 518, 526, 527B, 601B, 603B, 604, 605, 606B, 607, 608, 609, 610, 611 Tract: 9911.
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JOURNAL OF THE HOUSE,
Block(s): 311B, 317C, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Carroll County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contig uous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Carroll County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Carroll County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Thomas of the 69th moved that the House agree to the Senate substi tute to HB 2035.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 2153.
By Representatives Smyre of the 92nd, Buck of the 95th, Taylor of the 94th, Harris of the 96th and Culbreth of the 97th:
A bill to amend an Act creating the Muscogee County School District, so as to provide for the composition of the Muscogee County Board of Education.
The following Senate amendment was read:
"199A3"m. end HB 2153 by striking on line 3 of page 2 the number "1992" and inserting
By striking on line 15 of page 2 the number "1992" and inserting "1993". By striking from lines 11 and 12 of page 17 the following: "and the tax rate necessary".
TUESDAY, MARCH 31, 1992
4339
By striking lines 14 through 16 of page 17 and inserting the following: "the Columbus museum, public library, and public safety.".
Representative Smyre of the 92nd moved that the House agree to the Senate amend ment to HB 2153.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 2148. By Representatives Sherrill of the 47th, Tolbert of the 58th, Alford of the 57th, Williams of the 48th, Teper of the 46th and others:
A bill to amend an Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income does not exceed $15,000 per annum shall be granted an exemption, so as to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes.
The following Senate amendment was read:
"199A5"m. end HB 2148 by striking "1994" from line 21 of page 2 and inserting in its place By striking "1992" from line 8 of page 3 and inserting in its place "1993". By striking "1993" from line 7 of page 4 and inserting in its place "1994". By striking "1993" from line 7 of page 5 and inserting in its place "1994".
Representative Sherrill of the 47th moved that the House agree to the Senate amend ment to HB 2148.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:
SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and finan cial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
The Senate insists on its substitute to the following Bill of the House:
4340
JOURNAL OF THE HOUSE,
HB 1482.
By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th and others:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Anno tated, relating to capital outlay funds in general, so as to provide for excep tions; to provide for notice and a public hearing regarding a reorganization or consolidation plan.
The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:
HB 2015.
By Representatives Wilder of the 21st, Sherrill of the 47th, Ashe of the 25th, Klein of the 21st, Vaughan of the 20th and others:
A bill to amend Code Section 3-3-24.1 of the Official Code of Georgia Anno tated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alcoholic beverages, so as to change the population figures describing counties prohibiting the entry of minors onto the premises of certain businesses engaged in the retail sale of alcoholic beverages unless accompanied by the minor's parent or guardian.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
SB 256. By Senators Langford of the 35th and Walker of the 43rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions with regard to labor and industrial rela tions, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer.
Representative Reaves of the 147th moved that the House recede from its position in substituting SB 256.
Representative Cauthorn of the 20th moved that SB 256 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:
N Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins N Baker N Balkcom Y Barfoot N Bargeron N Barnett.B N Barnett.M Y Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch Y Breedlove
Brooks
N Brown Y Brush Y Buck N Buckner N Byrd Y Campbell
Canty Y Carrell N Carter Y Cauthorn Y Chafin N Chambless Y Cheeks N Childers Y Clark.E Y Clark.L Y Coker N Coleman Y Colwell N Connell Y Culbreth
N Cummings.B
N Cummings,M Y Davis.D N Davis.G Y Davis.M N Dixon.H
Dixon.S N Dobbs N Dover Y Dunn
Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M
Floyd,J.W Y Flynt N Godbee N Golden Y Goodwin E Green
Greene
Y Griffin
Y Groover E Hamilton Y Hammond N Hanner N Harris,B Y Harris.J Y Heard Y Henson Y Herbert N Holland N Holmes
Howard N Hudson N Irwin Y Jackson Y Jamieson N Jenkins Y Jones N Kilgore N King Y Kingston
Y Klein
Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson N Lee N Long
Lord N Lucas Y Mann Y Martin N McBee Y McCoy N McKelvey N McKinney.B N McKinney.C N Meadows Y Merritt N Milam N Mills
Y Mobley
TUESDAY, MARCH 31, 1992
4341
Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M
N Orr N Orrock N Padgett N Parham N Parrish
Patten Y Pelote Y Perry
Pettit
Y Pinholster Pinkston
. Y Poag Y Porter Y Poston
N Powell.A N Powell.C Y Presley Y Purcell N Randall N Ray
N Reaves
Redding
Y Ricketson N Royal Y Selman Y Sherrill N Simpson N Sinkfield N Skipper Y Smith.L Y Smith.P N Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F
Y Stancil.S N Stanley N Streat Y Taylor Y Teper N Thomas.C
Thomas,M N Thomas,N N Thurmond N Titus Y Tolbert N Townsend N Turnquest Y Twiggs
N Valenti Y Vaughan N Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B N Williams.J
Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 81, nays 79. The motion prevailed.
Representative Fennel of the 155th 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 Coleman of the 118th moved tht SB 256 be taken from the table On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Adams
N Aiken N Alford N Ashe N Atkins Y Baker Y Balkcom
N Barfoot Bargeron
Y Barnett.B Y Barnett.M N Bates N Beatty Y Benefield N Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove
Brooks Y Brown N Brush N Buck Y Buckner
N Byrd N Campbell
Canty N Carrell
Carter N Cauthorn N Chafin Y Chambless N Cheeks Y Childers
N Clark.E Y Clark.L N Coker Y Coleman N Colwell Y Connell N Culbreth Y Cummings.B Y Cummings.M N Davis.D Y Davis.G N Davis.M Y Dixon.H
Dixon,S N Dobbs Y Dover
N Dunn
Edwards
N Elliott
N Felton
Fennel
N Floyd.J.M
Floyd.J.W
N Flvnt
Y Go'dbee Y Golden
N Goodwin N Green Y Greene N Griffin
N Groover E Hamilton N Hammond Y Hanner Y Harris.B N Harris.J
N Heard
N Henson
N Herbert
Y Holland
Y Holmes
Howard
Y Hudson
Y Irwin
N Jackson N Jamieson Y Jenkins N Jones Y Kilgore
YKing
N Kingston N Klein N Ladd N Lane.D N Lane.R N Langford
N Lawrence
N Lawson
YLee
Y Long
Lord
Y Lucas
N Mann
N Martin Y McBee N McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows N Merritt Y Milam
Y Mills N Mobley N Moody N Morsberger N Moultrie N Mueller Y Oliver.C
N Oliver.M
YOrr
Y Orrock
Y Padgett
Y Parham
Y Parrish
Patten
N Pelote
N Perry
Pettit
N Pinholster
Pinkston
N Poag N Porter Y Poston N Powell.A Y Powell.C
N Presley
N Purcell
Y Randall YRay Y Reaves
Redding N Ricketson Y Royal N Selman
N Sherrill
Y Simpson Y Sinkfield
Y Skipper N Smith, L N Smith.P Y Smith.T N Smith.W
Smyre Y Snow N Stancil.F N Stancil.S Y Stanley Y Streat N Taylor
N Teper Y Thomas.C Y Thomas, M Y Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L
Y Wall Y Watson
Y Watts Y White N Wilder N Williams.B Y Williams.J
Williams.R Yeargin Murphy.Spkr
On the motion, the ayes were 78, nays 81. The motion was lost.
Representative Fennel of the 155th 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.
4342
JOURNAL OF THE HOUSE,
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 again taken up for consideration:
SB 773. By Senators Garner of the 30th, Tysinger of the 41st, Broun of the 46th and others:
A bill to amend Code Section 10-9-4 of the Official Code of Georgia Anno tated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Congress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alcoholic beverages for consumption on the premises of the projects of or under the control of the authority; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Adams
Y Aiken Alford
Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot N Bargeron Y Barnett.B Y Barnett.M Y Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick N Branch Y Breedlove
Brooks N Brown N Brush
Buck Y Buckner
Byrd Y Campbell Y Cantv
Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell N Culbreth Cummings.B Y Cummings,M Davis.D Y Davis.G Y Davis.M Y Dixon.H Dixon,S Y Dobbs Dover Dunn Y Edwards N Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt N Godbee Y Golden Y Goodwin Green Y Greene Griffin
Y Groover E Hamilton Y Hammond
Manner Harris.B Y Harris.J
Y Heard Y Henson Y Herbert Y Holland
Holmes Howard N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Kilgore Y King Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Langford Y Lawrence Y Lawson YLee Long Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley N Moody Y Morsberger N Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Pinholster Pinks ton YPoag Y Porter Poston Y Powell.A Y Powell.C N Presley Y Purcell Y Randall Y Ray Y Reaves Redding Ricketson N 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
Stancil.S Y Stanley Y Street Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson
Watts White Y Wilder Williams.B Y Williams.J Williams.R Yeargin Murphy ,Spkr
On the passage of the Bill, the ayes were 123, nays 14. The Bill, having received the requisite constitutional majority, was passed.
Representatives Buck of the 95th and Poston of the 2nd 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 Holland of the 136th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
TUESDAY, MARCH 31, 1992
4343
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 678. By Senator Baldwin of the 29th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions concerning penal institutions, so as to provide that any peace officer, probation officer, or employee of the Depart ment of Corrections or other public agency who is certified by his or her supervising agency shall be exempt from certain provisions of the law for the limited purposes of administering a urine screen drug test to certain persons.
The following Committee substitute was read:
A BILL
To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning penal institutions, so as to provide that certain peace offi cers, probation officers, parole officers, or certain other supervisory officers shall be exempt from certain provisions of the law for the limited purposes of administering a pre liminary urine screen drug test to certain persons; to provide that the Department of Cor rections, State Board of Pardons and Paroles, sheriffs' departments, and police departments shall develop a procedure for the performance of preliminary urine screen drug tests in accordance with the manufacturer's standards for certification; to provide that such procedure shall include instructions as to a confirmatory test by a licensed clini cal laboratory where necessary; 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 concerning penal institutions, is amended by adding at the end thereof a new Code Section 42-1-10 to read as follows:
"42-1-10. (a) Any peace officer, probation officer, parole officer, or other supervisor of a person covered under the provisions of paragraphs (1) through (7) of this subsection shall be exempt from the provisions of Chapter 22 of Title 31 for the limited purposes of administering a preliminary urine screen drug test to any person who is:
(1) Incarcerated; (2) Released as a condition of probation for a felony or misdemeanor; (3) Released as a condition of conditional release; (4) Released as a condition of parole; (5) Released as a condition of provisional release; (6) Released as a condition of pretrial release; or (7) Released as a condition of control release. (b) The Department of Corrections, State Board of Pardons and Paroles, sheriffs' departments, and police departments shall develop a procedure for the performance of preliminary urine screen drug tests in accordance with the manufacturer's standards for certification. Peace officers, probation officers, parole officers, or other supervisors of persons covered under paragraphs (1) through (7) of subsection (a) of this Code section shall be authorized to perform preliminary urine screen drug tests in accordance with such procedure. Such procedure shall include instructions as to a confirmatory test by a licensed clinical laboratory where necessary."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Colwell of the 4th moves to amend the Committee on State Institu tions and Property substitute to SB 678 by striking lines 3 through 5 on page 1 and insert ing in lieu thereof the following:
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JOURNAL OF THE HOUSE,
"concerning penal institutions, so as to provide that probation officers, parole officers, or certain other supervisory officers of the Department of Corrections shall be exempt from".
By striking lines 9 and 10 on page 1 and inserting in lieu thereof the following:
"Corrections and the State Board of Pardons and Paroles shall develop a".
By striking lines 22 and 23 on page 1 and inserting in lieu thereof the following:
'"42-1-10. (a) Any probation officer, parole officer, or other official or employee of the Department of Corrections who supervises any person'".
By striking lines 15 through 17 on page 2 and inserting in lieu thereof the following:
"(b) The Department of Corrections and the State Board of Pardons and Paroles shall develop a procedure for the".
By striking lines 20 and 21 on page 2 and inserting in lieu thereof the following:
"certification. Probation officers, parole officers, or other officials or employees of the Department of Corrections who are supervisors of any person covered".
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 Adams
Y Aiken Alford
Y Ashe 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
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
Y Coker Coleman
Y Colwell Connell Culbreth
Y Cummings,B Y Cummings,M
Davis.D
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 Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
Y Hudson Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong
Lord Y Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Mueller Oliver.C
Y Oliver.M
Y Orr Orrock
Y Padgett Y Parham
Parrish Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Smyre Y Snow
Y Stancil.F Y Stancil.S Y Stanley 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
Valenti Y Vaughan Y Walker.J
Y Walker.L Y Wall 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 146, nays 0.
TUESDAY, MARCH 31, 1992
4345
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representative Irwin of the 57th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and finan cial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
Representative Walker of the 115th moved that the House insist on its position in substituting SB 410.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 777. By Senator Foster of the 50th:
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 change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Professional Standards Commission; to change certain provisions relating to service on the Profes sional Standards Commission.
Representative Herbert of the 76th moved that the House adhere to its position in substituting SB 777 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 has appointed as a Committee of Conference on the part of the House the following members:
Representatives Kilgore of the 42nd, Porter of the 119th and Herbert of the 76th.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:
SB 598. By Senators Edge of the 28th and Dawkins of the 45th:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Anno tated, relating to hazardous conditions, preventable diseases, and metabolic disorders, so as to repeal certain provisions relative to the necessity of having a certain license in order to sell or dispense contact lenses; to provide an effective date.
4346
JOURNAL OF THE HOUSE,
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, so as to change cer tain provisions relative to the necessity of having a certain license in order to sell or dis pense contact lenses; to provide certain restrictions relating to the selling or dispensing of the first set of contact lenses issued pursuant to a prescription; to provide that except with respect to certain professionals no replacement contact lenses may be sold or dispensed except pursuant to a prescription which meets certain requirements; to specify such requirements; to provide that certain persons and firms or corporations that dispense or sell contact lenses on the prescription of a practitioner shall provide certain information or services to the recipient of such contact lenses; to provide that a prescriber shall not be responsible for any damages or injury resulting from negligence in packaging, manufac turing, or dispensing of the prescribed lenses; to provide that anyone who fills a prescrip tion for contact lenses bears the responsibility for the accuracy of such contact lenses pursuant to certain standards; to prohibit changes or substitutions in the brand or type of lenses without the direction of a prescriber; to provide an exception with respect to a tint change; to prohibit certain activities relating to the selling or dispensing of replace ment contact lenses; to provide that no person, other than persons licensed and regulated by Chapter 29, 30, or 34 of Title 43, shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses to the ultimate user of such contact lenses in this state through the mail or any other means other than direct, in-person delivery to such ultimate user by such person after having personally ascertained by reliable means the identity of the deliveree; to provide for enforcement; to provide a penalty; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, is amended by striking in its entirety Code Section 31-12-12, relating to the prohibition against selling or dispensing contact lenses without license, and inserting in lieu thereof a new Code Section 31-12-12 to read as follows:
"31-12-12. (a) No person shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses the first set of contact lenses issued pursuant to a prescrip tion to the ultimate user of such contact lenses in this state, except persons licensed and regulated by Chapters Chapter 29, 30, or 34 of Title 43. Such lenses are deemed sold or dispensed within the state at the time the person for whom prescribed takes delivery.
(b) All replacement contact lenses used in the determination of a contact lens pre scription are considered to be diagnostic lenses.
(c) Except for replacement contact lenses sold or dispensed by persons licensed and regulated by and operating pursuant to Chapter 29, 30, or 34 of Title 43, no replacement contact lenses may be sold or dispensed except pursuant to a prescription which:
(1) Conforms to state and federal regulations governing such forms and includes the name, address, and state licensure number of a prescribing practitioner;
(2) Explicitly states an expiration date of not more than one year from the date of the last prescribing examination;
(3) Explicitly states that it is for contact lenses and indicates the lens brand name and type, including all specifications necessary for the ordering or fabrication of lenses; and
(4) Is kept on file by the person selling or dispensing the replacement contact lenses for at least 24 months after the prescription is filled. (d) Except for persons licensed and regulated by Chapter 29^ 30^ or 34 of Title 43, any person, firm, or corporation that dispenses or sells contact lenses on the prescription of a practitioner licensed in this state shall, at the time of delivery of the lenses, inform the recipient in writing that he or she should return to a prescriber to ascertain the
TUESDAY, MARCH 31, 1992
4347
accuracy and suitability of the prescribed lenses. The prescriber shall not be responsible for any damages or injury resulting from negligence in packaging or manufacturing of the prescribed lenses.
(e) Anyone who fills a prescription bears the full responsibility of the accuracy of the contact lenses provided under the prescription. At no time, without the direction of a prescriber, shall any changes or substitutions be made in the brand or type of lenses the prescription calls for with the exceptions of tint change if requested by the patient. However, if a prescription specifies 'only' a specific color or tinted lens, those instruc tions shall be observed.
(f) No person, other than persons licensed and regulated by Chapter 29, 30, or 34 of Title 43, shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses to the ultimate user of such contact lenses in this state through the mail or any other means other than direct, in-person delivery to such ultimate user by such person after having personally ascertained by reliable means the identity of the deliveree.
(g) Any person who violates the provisions of subsection (a) or (c) of this Code sec tion shall be guilty of a misdemeanor.
(h) Proceedings to enforce the provisions of this Code section may be brought by any board created under Chapter 29, 30, or 34 of Title 43 or by any other interested person."
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 Ashe 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
Brooks Y Brown Y Brush
Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D 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
Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Greene Y Griffin Y Groover
E Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas YMann Y Martin Y McBee 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
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 Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson
Y Royal 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 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 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.
4348
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
SB 617. By Senator Ray of the 19th:
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 remove the requirement for notification of nonresidents of the receipt of returns by a tax commissioner; to remove the requirement that a tax commissioner appear before the county governing authority at least twice each year.
The following Committee substitute was read and withdrawn:
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 repeal certain requirements regarding notifica tion of nonresidents of the receipt of a return or amount of tax due by certain local tax officials; to change the date on which tax commissioners and tax receivers shall close their books for the return of taxes; to repeal certain provisions based on population which relate to the date for closing books for the return of taxes; to change the date by which applica tions for a homestead exemption must be filed; to repeal certain provisions based on popu lation relating to applications for homestead exemptions; to change the dates by which applications must be filed for deferral of payment of ad valorem taxes on the homesteads of certain persons and alternative deferral of such payments; to change the oath of office for tax collectors; to change certain provisions relating to duties of tax receivers; to change the provisions relating to duties of tax collectors and tax commissioners; to repeal certain provisions relating to duties of tax collectors or tax commissioners with respect to default ers; to repeal certain provisions regarding liability of tax receivers or tax commissioners; to change certain provisions regarding the accountability of a tax collector or tax commis sioner; to change certain provisions relating to the presentation of tax returns; to repeal certain provisions providing an alternate date for such returns; to change the time when mobile home ad valorem taxes shall be paid; to change the time when location permits shall be obtained; to delete certain provisions authorizing separate due dates for such taxes and location permits in certain counties; to provide for applicability; to provide for effec tive dates; 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 48-5-13, relating to notice to nonresidents or agents of receipt of returns and amount of tax due, which reads as follows:
"48-5-13. (a) (1) Each tax receiver and tax commissioner shall notify nonresidents or their agents of the receipt of returns immediately upon the receipt of the returns by them.
(2) Each tax collector and tax commissioner shall notify each nonresident or his agent of the amount of tax due from the nonresident as soon as the digests are turned over to them and the rate of tax has been levied. (b) If any owner of real property suffers injury by the failure of the tax collector or tax commissioner to perform his duty as prescribed in subsection (a) of this Code sec tion, the offending officer shall be liable on his bond to the injured person for the full damage sustained including, but not limited to, all costs and expenses of redeeming or recovering his real property or the value of the real property not redeemed or recovered. (c) Notice forwarded by due course of mail shall be sufficient compliance by the tax commissioner, tax receiver, or tax collector with the requirements of subsections (a) and (b) of this Code section.
TUESDAY, MARCH 31, 1992
4349
(d) The tax commissioner, tax receiver, and tax collector shall be allowed and paid their respective accounts annually incurred for postage in carrying out the requirements of subsections (a) and (b) of this Code section. Payment of the accounts shall be made upon a sworn account properly audited by the officer or officers having charge of the county finances.", and inserting in its place a new Code Section 48-5-13 to read as follows:
"48-5-13. Reserved."
Section 2. Said chapter is further amended by striking Code Section 48-5-18, relating to the time for making tax returns, and inserting in lieu thereof a new Code Section 48-5-18 to read as follows:
"48-5-18. {)--Except as otherwise provided in this Code section, eah Each tax com missioner and tax receiver shall open his books for the return of taxes on January 1 and shall close his books on April March 1 of each year.
(b) In nil counties having a population of not Iraa than 66 000 nor more than 73 000 according to tnc United otatcs decennial census of iy/u or any tuturc sucn census, tnc local tax officials snail open tncir DOOKS lor tnc return of taxes on January ~t and snail close tncm on iviarcn T of cacn year.
(r\ TTI nil c niintif*^ Vi flying ft nnnnlntinn ~c not Ipqq tVicm oo npO T^nr rnrtrr* tVinn oo f^QA
person authorized to receive tax returns snail open nis DOOKS tor tnc return of taxes on uanuary T and snail close tncrft on JVlarcn x of eacn year.
according to tnc United otatcs decennial census of 1 J /U or any luturc sucn census, tne person Qutnorizcd to receive tax returns snail open tiis DOOKS tor tnc return or taxes on
190,000 according to the United States decennial census of 1Q70 of any future such ensS7 when the county is authorized fey law or constitutional amendment to operate a joint tax receiving OP tax assessing program witn any otner political subdivision, oy reso~ lution OT trie governing autrior11y of any sued county, tne tax peceive1?~s DOOKS tor tne
1 ne date of closing tor eacn year siiaii DC estaDiisned on of oe'tope January TTT ift tnat
\/rfj\----TTTyT. taillll /U^O/MUi.Ir1i-Lf j1aCg3 lhlm aVrilnllrgr aA. JrvJfO^fTJ^UnlHInttltinJInl tr?tTf Trm ltTktr 1l oCoSoS +tlVltinllnl 1lvA,**A UCAv nIlrUirf wHtmrmrCio jt-ltliaolnl 1IVAjOfiUfiAV
ftccopding to tfie united otates decennial census ot iyV'U or any tuture sucn census, tne
\g^--tft all counties naving a population ot not less tfian JLOjiUO nor more tnan J.o,4U(j
local tax otticials snail close tnetr DOOKS top tfie return OT taxes on JViarcn T OT eacn year. \flt~7--rR all counties naving a popylation ot not less tfian Dofuuo nor mope tftan1 rojtTyw
according to tne united otates decennial census o lyou 'Of any tuture sucn censust tfie
u anuary i and snail close tfierft on JVLarcn T OT eaeft year. \JT--tft ail counties navifrg tnepein tne greater part ot a city naving a population of
Tn AFP thflti QKA AQQ flfpArftiyi ff ir\ tVip T TyiitpH fitntpq HpppTvnifll PPT\QHQ of 1Q70 or nnv futnrp
such census ad having a joint city-county board of ta* assessors, the officers authorized to receive tax returns top all sucn cities and counties snail open tneir DOOKS tor tne
'\j7--*^ all counties naving a population of not less tnan zio,lUv nor more tfian fiOf4Ou according to tne united otates decennidi census of iUou or any tuture sucn census, tne
\KJ--Unless a ditterent date ts provided tneretor under suDsections \o/ tnrougn ^jj of tfiis uode section, tn eacn county OP municipality ppoviding tor tfi'e collection and pay ment of ad valorem taxes tn installmen'ts pyrsuant to Uodc oection to'O^'a'o or any otfier law, tfie person autnorized to receive tax returns snail open nis OOOKS tor tne return of
4350
JOURNAL OF THE HOUSE,
subsection establishes by tfee test day ef February ef any year a date for closing books
such books were required to be closed m the immediately preceding year."
Section 3. Said chapter is further amended by striking Code Section 48-5-45, relating to applications for homestead exemptions, and inserting in lieu thereof a new Code Section 48-5-45 to read as follows:
"48-5-45. (a) An applicant seeking a homestead exemption as provided in Code Sec tion 48-5-44 shall file on or before April i the last day for filing ad valorem tax returns in the county for the tax year in which exemption from taxation is sought and, in the case of an exemption from taxes levied by a consolidated city-county government, on or before April i ef the last day for filing ad valorem tax returns for the consolidated citycounty government for the tax year in which exemption from taxation is sought a writ ten application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation. The failure to file properly the appli cation and schedule shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year.
(b) In aH counties having a population ef net less than 68,000 nor more than 76,000
written application and schedule required m subsection (a) ef this Code section shall fee iilcCi on OF Dctorc IVlarcn ~t of tnc year m wnicn exemption irom taxation is sougnt Reserved.
(c) Reserved. (d) The owner of a homestead which is actually occupied by the owner as a residence and homestead shall not have to apply for the exemption more than once so long as the owner remains in continuous occupation of the residence as a liomestead. The exemption shall automatically be renewed from year to year so long as the owner continuously occupies the residence as a homestead. (e) It is unlawful for any person, firm, or corporation to solicit, either directly or by mail or advertisement, any other person for the purpose of filing on behalf of such other person the application and schedule for homestead exemption required by this Code sec tion if a fee is charged for filing such application and schedule on behalf of such other person. A violation of this subsection shall be a misdemeanor."
Section 4. Said chapter is further amended by striking Code Section 48-5-72, relating to tax deferral for individuals 62 or older, and inserting in lieu thereof a new Code Section 48-5-72 to read as follows:
"48-5-72. (a) Any individual aged 62 or older who is entitled to claim a homestead exemption pursuant to Code Section 48-5-44 may elect to defer payment of all or part of the ad valorem taxes levied on his homestead by filing an annual application for tax deferral with the tax collector or tax commissioner on or before April 1 ef the last day for filing ad valorem tax returns in the county for the tax year for which the deferral is sought. If the homestead for which a deferral is requested has an assessed value for purposes of ad valorem taxation of $50,000.00 or more, the deferral may apply only to the taxes on that portion of the assessed value which is $50,000.00 or less.
(b) It shall be the burden of each applicant for a deferral to demonstrate affirma tively his compliance with the requirements of this part."
Section 5. Said chapter is further amended by striking subsection (a) of Code Sec tion 48-5-72.1, relating to an alternative to the tax deferral authorized by Code Section 48-5-72, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As an alternative to the tax deferral authorized by Code Section 48-5-72, any individual aged 62 or older residing within 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 who is entitled to claim a homestead exemption pursuant to Code Section
TUESDAY, MARCH 31, 1992
4351
48-5-44 may elect to defer payment of all or any part of that portion of the ad valorem taxes levied on the individual's homestead which exceeds 4 percent of the individual's gross household income for the immediately preceding calendar year. An application for tax deferral under this Code section shall be filed annually with the tax collector or tax commissioner on or before April i ef- the last day for filing ad valorem tax returns in the county for the tax year for which the deferral is sought. If an individual files for a tax deferral under this Code section, such individual shall not be authorized to file for a tax deferral under Code Section 48-5-72."
Section 6. Said chapter is further amended by striking paragraphs (5) and (6) of Code Section 48-5-103, relating to duties of tax receivers, and inserting in their place new paragraphs (5) and (6) to read as follows:
county, ad the tax collector, respectively, a fet containing: (A) All defaulters; ^D/--l nc ftmount of C9cn deifluitcr 9 tsxes flno. tnc interest SOQ pensities QSSOSSCQ
EH--Other special actions taken in conformity with the law Reserved; (6) Compile and make available fe* public inspection m th office ef the tax collector
ties Reserved;".
Section 7. Said chapter is further amended by striking in its entirety Code Section 48-5-121, relating to the oath of office for tax collectors, and inserting in lieu thereof a new Code Section 48-5-121 to read as follows:
"48-5-121. Each tax collector before entering on the duties of his office shall take and subscribe to the following oath in addition to the oath required of all civil officers:
'I, ______, tax collector of the County of ______, do swear that I will faith fully discharge the duties required of me by law as tax collector, and that I will search out and maKc a true return t all defaulters, and all taxable property not round on tnc tax receiver s digest of not returned according to law, and tnat l will pay over stti taxes collected by me^ as required fey law diligently collect all taxes required by law for me to collect and faithfully pay these over to the persons authorized to receive the same. So help me God.'"
Section 8. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 48-5-127, relating to duties of tax collectors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be the duty of the tax collector to: (1) Collect diligently and pay promptly the funds allowed the state by law and the
county taxes to the commissioner and the county treasurer, respectively;
homes te determine if deeafe have been attached shall fee the duty of th tax apprais ers;
sioncp find county treftsurer> tesjyectiveiy, filter deducting single commissions} &nd
th county before the day ef final settlement; {4} (2) Have his insolvent lists allowed in the manner provided by law before final
settlement with the commissioner; {6} (3) Post and maintain a notice showing both the days on which his office is
open for the purpose of collecting taxes and also the office hours of his office; \o.)--.rUQiisn tt trie Qoof Or tfic couptilotisc TOP ot? dflys nis i
4352
JOURNAL OF THE HOUSE,
f?) (4) (A) Pay the tax receiver his commissions upon the production of the com missioner's receipt for his digest together with a specification therein of the amount of commissions to which he is entitled; and
(B) Submit the tax receiver's receipts together with his receipts thereon to the commissioner before he shall be allowed credits for such commissions; {8} (5) Conform to such rules as may be furnished and obey such orders as may be given by the commissioner; {0)--(A) (6) Issue executions against as provided by law for all tax defaulters and
cacn year preceding nis election and lor tnc years lor wnicn nc is elected taxes due the state or any county remaining unpaid after the time provided by law for payment;
{B)--Collect the tax de from defaulters; and {)--Pay ever the tax collected from defaulters te the proper authorities; (iO) (7) Keep a permanent qualification or voters' book and make up the registra tion lists, as provided by Article 6 of Chapter 2 of Title 21; and (W) (8) Perform all other duties that the law requires and which necessarily under the law appertain to the office of tax collector."
Section 9. Said chapter is further amended by striking in its entirety Code Section 48-5-136, relating to the schedule of defaulters, which reads as follows:
"48-5-136. The tax collector or tax commissioner shall diligently search out default ers and any taxable property in his county not returned by the tax receiver and shall ascertain the names of the defaulters and the amount of taxable property in default and enter the information in a book to be kept by him for that purpose, shall set forth in all cases the real value of the property, and shall collect the taxes on the property as provided by law for the collection of other taxes. One copy of the schedule of defaulters shall be furnished by the tax collector or tax commissioner to the commissoner at the time of his final settlement with the commissioner and one copy shall be furnished to the tax receiver, who shall correct his digest accordingly.", and inserting in its place a new Code Section 48-5-136 to read as follows:
"48-5-136. Reserved."
Section 10. Said chapter is further amended by repealing Code Section 48-5-206, relating to certain liability of tax receivers or tax commissioners, which reads as follows:
"48-5-206. (a) If a tax receiver or tax commissioner makes a false entry of a return in either of his digests, expressing more than is returned, he shall forfeit to the aggrieved party in all cases $100.00. If the amount out of which the party is defrauded by the entry is more than $100.00, then he shall forfeit to the aggrieved party $10.00 for every $1.00 over $100.00.
(b) If by any device any tax receiver or tax commissioner intentionally causes a tax payer to pay more than his lawful tax, this Code section shall apply."
Section 11. Said chapter is further amended by striking Code Section 48-5-140, relating to the accountability of tax collectors and tax commissioners to the county govern ing authority, and inserting in lieu thereof a new Code Section 48-5-140 to read as follows:
"48-5-140. (a) ft shall be the duty ef- the The county governing authority shall be authorized to compel the tax collector or tax commissioner to come before it at such times as may be designated by the governing authority^ net less than twice in each year, to render an account of his official actions respecting the county taxes and funds and te make a f-uH and complete exhibit ef his booka, vouchers, accounts, and aH things pef-
(b) (1) The failure or refusal of any tax collector or tax commissioner to render the account and make the showing required by subsection (a) of this Code section after being so notified by the governing authority of the county shall constitute malpractice in office. Conviction for such malpractice shall subject the offender to removal from office.
(2) Pending the continuance of the failure or refusal of the tax collector or tax commissioner to render the account and make the showing after the notice by the gov erning authority, the governing authority shall suspend the tax collector or tax com missioner from duty and sfeaH appoint a competent person in his stead an interim tax
TUESDAY, MARCH 31, 1992
4353
collector or tax commissioner shall be appointed as provided in Code Section 48-5-211 to collect the county taxes during the suspension and until the question of removal can be passed upon and decided by the proper tribunal. Proper bonds as provided by law shall be taken from the person so appointed.
(3) The power given by this Code section to inquire into the affairs of the tax col lector or tax commissioner and to suspend him from office in certain cases shall in no way affect the tax collector's or tax commissioner's own liability or that of the sureties of his official bond."
Section 12. Said chapter is further amended by striking Code Section 48-5-301, relating to presentation of returns by tax receivers or tax commissioners, and inserting in its place a new Code Section 48-5-301 to read as follows:
"48-5-301. (a)--Except as provided in subsection (b) ef- this Code section, net Not later than April tt ten days after the last day for filing ad valorem tax returns in the county in each year the tax receiver or tax commissioner of each county shall present the tax returns of the county for the current year to the county board of tax assessors.
\WT--in all counties Having a population er not less tnan oo,uuu nor more than /o,uuu
tax receiver of tax commissioner ei cacn sucn county snail present tnc tax returns ei tnc county tor tnc current year to tnc county Doard OT tax assessors not later tnan March 11 of that year "
Section 13. Said chapter is further amended by striking subsection (d) of Code Sec tion 48-5-491, relating to ad valorem taxation of mobile homes, and inserting in its place a new subsection (d) to read as follows:
"(d) The tax authorities of each county shall determine the tax due on each dealer mobile home at the same tax rate imposed on other mobile homes, which taxes shall be paid on or before April May 1 of the calendar year. Each mobile home return form shall then be marked 'returned for tax purposes' so that each mobile home may then be sold as if all ad valorem taxes had been paid for the current year pursuant to this article."
Section 14. Said chapter is further amended by striking Code Section 48-5-492, relating to the issuance of mobile home location permits, and inserting in its place a new Code Section 48-5-492 to read as follows:
"48-5-492. (a) Each year every owner of a mobile home subject to taxation under this article shall obtain on or before April May 1 from the tax collector or tax commis sioner of the county of taxation of the mobile home a mobile home location permit. The issuance of the permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal, the color of which shall be prescribed for each year by the com missioner. Each decal shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner, In aH counties having a population ef net less than 68,000 ner more than 76,000 according te the United States decennial eenstw ef- 1080 er ony tuturc sucn census, every owner et a mobile nome snail obtain tnc permit provided fe* above en er before March t
(b) Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before April May 1 from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and dis played on the mobile home by the owner."
Section 15. Said chapter is further amended by striking Code Section 48-5-494, relating to the return of certain mobile homes for taxation, and inserting in its place a new Code Section 48-5-494 to read as follows:
"48-5-494. Each year every owner of a mobile home subject to taxation under this article shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at
4354
JOURNAL OF THE HOUSE,
the time of the first sale or transfer of the mobile home after December 31, or on April May 1, whichever occurs first. If the owner returns his mobile home for taxation prior to the date that the application for the mobile home location permit is required, he shall apply for the permit at the time he returns the mobile home for taxation. Except as pro vided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid, fe aH counties having a population ef net less than 68,000 nor HIOF& tnsn /ofuiH/ sccordin^j to tftc United otfltos dcccnnisi census of iyou of flny
payment ef taxes thereon shall is ne ease fee later than March IT"
Section 16. (a) Except as otherwise provided in subsections (b) and (c) of this sec tion, this Act shall become effective upon its approval by the Governor or upon its becom ing law without such approval.
(b) Sections 3, 4, 5, 12, 13, 14, and 15 of this Act shall become effective January 1, 1993, and shall be applicable to all taxable years beginning on or after that date.
(c) Section 2 of this Act shall become effective January 1, 1994, and shall be applica ble to all taxable years beginning on or after that date.
Section 17. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Dover of the llth, et al., was read and adopted:
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 repeal certain requirements regarding notifica tion of nonresidents of the receipt of a return or amount of tax due by certain local tax officials; to change the oath of office for tax collectors; to change certain provisions relat ing to duties of tax receivers; to change the provisions relating to duties of tax collectors and tax commissioners; to repeal certain provisions relating to duties of tax collectors or tax commissioners with respect to defaulters; to repeal certain provisions regarding liability of tax receivers or tax commissioners; to change certain provisions regarding the account ability of a tax collector or tax commissioner; to change the time when mobile home ad valorem taxes shall be paid; to change the time when location permits shall be obtained; to provide that certain violations with respect to mobile home decals may be prosecuted in magistrate court; to delete certain provisions authorizing separate due dates for such taxes and location permits in certain counties; 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:
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 48-5-13, relating to notice to nonresidents or agents of receipt of returns and amount of tax due, which reads as follows:
"48-5-13. (a) (1) Each tax receiver and tax commissioner shall notify nonresidents or their agents of the receipt of returns immediately upon the receipt of the returns by them.
(2) Each tax collector and tax commissioner shall notify each nonresident or his agent of the amount of tax due from the nonresident as soon as the digests are turned over to them and the rate of tax has been levied. (b) If any owner of real property suffers injury by the failure of the tax collector or tax commissioner to perform his duty as prescribed in subsection (a) of this Code sec tion, the offending officer shall be liable on his bond to the injured person for the full damage sustained including, but not limited to, all costs and expenses of redeeming or recovering his real property or the value of the real property not redeemed or recovered.
TUESDAY, MARCH 31, 1992
4355
(c) Notice forwarded by due course of mail shall be sufficient compliance by the tax commissioner, tax receiver, or tax collector with the requirements of subsections (a) and (b) of this Code section.
(d) The tax commissioner, tax receiver, and tax collector shall be allowed and paid their respective accounts annually incurred for postage in carrying out the requirements of subsections (a) and (b) of this Code section. Payment of the accounts shall be made upon a sworn account properly audited by the officer or officers having charge of the county finances.", and inserting in its place a new Code Section 48-5-13 to read as follows:
"48-5-13. Reserved."
Section 2. Said chapter is further amended by striking paragraphs (5) and (6) of Code Section 48-5-103, relating to duties of tax receivers, and inserting in their place new paragraphs (5) and (6) to read as follows:
county, and the tax collector, respectively, a list containing: (A) All defaulters; !.>,) i ne 8.mount of edcn deictuiter s t&xes tnd tnc interest QHQ penflitics ssscsscd
{-)--AH property assessed by hw which has net been returned; and 4&)--Other special actions taken in conformity with the tew Reserved; (6) Compile and make available for public inspection the office ef- the tax collector
ties Reserved;".
Section 3. Said chapter is further amended by striking in its entirety Code Section 48-5-121, relating to the oath of office for tax collectors, and inserting in lieu thereof a new Code Section 48-5-121 to read as follows:
"48-5-121. Each tax collector before entering on the duties of his office shall take and subscribe to the following oath in addition to the oath required of all civil officers:
'I, ______, tax collector of the County of ______, do swear that I will faith fully discharge the duties required of me by law as tax collector, and that I will search out and maKc a true return ot fill defaulters, and ail taxaolc property not tound on tnc tax receiver s digest of not returned according to law, and triat i win pay over an taxes collected by me; as required by tew diligently collect all taxes required by law for me to collect and faithfully pay these over to the persons authorized to receive the same. So help me God.'"
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 48-5-127, relating to duties of tax collectors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be the duty of the tax collector to: (1) Collect diligently and pay promptly the funds allowed the state by law and the
county taxes to the commissioner and the county treasurer, respectively;
T0 Liie tdx feceiver OF not round ~H5 nis digests, except ttist tne inspection ot mobile homes te determine tf dccals have been attached shall be the duty ef- the tax appraiser&,
/|3\ FrTvt'Pr fl-14 HpfflllltQ \rt A. tw\lr Ifpftt' ffVF tViflt THITTlfVlP' naqpgn nrtfl prillPft tVlfTPfin
ftri interests &nd pen<ies tts provided oy isw snd psy tne ssme over TO *nc coiftwns~
the county before th day ef- final settlement; 44) (2) Have his insolvent lists allowed in the manner provided by law before final
settlement with the commissioner; 4&) (3) Post and maintain a notice showing both the days on which his office is
open for the purpose of collecting taxes and also the office hours of his office; iff)--Publish at the door ef- the courthouse fef 30 days his insolvent Hats if
4356
JOURNAL OF THE HOUSE,
47} (4) (A) Pay the tax receiver his commissions upon the production of the com missioner's receipt for his digest together with a specification therein of the amount of commissions to which he is entitled; and
(B) Submit the tax receiver's receipts together with his receipts thereon to the commissioner before he shall be allowed credits for such commissions; {8} (5) Conform to such rules as may be furnished and obey such orders as may be given by the commissioner;
(6) Issue executions against as provided by law for all tax- defaulters and
the state or any county remaining unpaid after the time provided by law for payment; 4B)--Collect the tax- dae from defaulters; and 46)--Pay ever the tax collected from defaulters te the proper authorities;
4W) (7) Keep a permanent qualification or voters' book and make up the registra tion lists, as provided by Article 6 of Chapter 2 of Title 21; and
(ii) (8) Perform all other duties that the law requires and which necessarily under the law appertain to the office of tax collector."
Section 5. Said chapter is further amended by striking in its entirety Code Section 48-5-136, relating to the schedule of defaulters, which reads as follows:
"48-5-136. The tax collector or tax commissioner shall diligently search out default ers and any taxable property in his county not returned by the tax receiver and shall ascertain the names of the defaulters and the amount of taxable property in default and enter the information in a book to be kept by him for that purpose, shall set forth in all cases the real value of the property, and shall collect the taxes on the property as provided by law for the collection of other taxes. One copy of the schedule of defaulters shall be furnished by the tax collector or tax commissioner to the commissoner at the time of his final settlement with the commissioner and one copy shall be furnished to the tax receiver, who shall correct his digest accordingly.", and inserting in its place a new Code Section 48-5-136 to read as follows:
"48-5-136. Reserved."
Section 6. Said chapter is further amended by repealing Code Section 48-5-206, relating to certain liability of tax receivers or tax commissioners, which reads as follows:
"48-5-206. (a) If a tax receiver or tax commissioner makes a false entry of a return in either of his digests, expressing more than is returned, he shall forfeit to the aggrieved party in all cases $100.00. If the amount out of which the party is defrauded by the entry is more than $100.00, then he shall forfeit to the aggrieved party $10.00 for every $1.00 over $100.00.
(b) If by any device any tax receiver or tax commissioner intentionally causes a tax payer to pay more than his lawful tax, this Code section shall apply."
Section 7. Said chapter is further amended by striking Code Section 48-5-140, relat ing to the accountability of tax collectors and tax commissioners to the county governing authority, and inserting in lieu thereof a new Code Section 48-5-140 to read as follows:
tax collector or tax commissioner to come before it at such times as may be designated Dy tnc governing autnonty, not less tnan twice m cacii year, T renoer annually to tne county governing authority an account of his official actions respecting the county taxes and funds and to make a feH and complete exhibit ef- his books, vouchers, accounts, and all things pertaining to his office available for inspection by the county governing authority.
(b) (1) The failure or refusal of any tax collector or tax commissioner to render the account and make the showing required by subsection (a) of this Code section after being so notified by the governing authority of the county shall constitute malpractice in office. Conviction for such malpractice shall subject the offender to removal from office.
TUESDAY, MARCH 31, 1992
4357
(2) Pending the continuance of the failure or refusal of the tax collector or tax commissioner to render the account ad make the showing after the notice by the gov erning authority, the governing authority shall suspend the tax collector or tax com missioner from duty and shall appoint a competent person m his stead an interim tax collector or tax commissioner shall be appointed as provided in Code Section 48-5-211 to collect the county taxes during the suspension and until the question of removal can be passed upon and decided by the proper tribunal. Proper bonds as provided by law shall be taken from the person so appointed.
(3) The power given by this Code section to inquire into the affairs of the tax col lector or tax commissioner and to suspend him from office in certain cases shall in no way affect the tax collector's or tax commissioner's own liability or that of the sureties of his official bond."
Section 8. Said chapter is further amended by striking subsection (d) of Code Sec tion 48-5-491, relating to ad valorem taxation of mobile homes, and inserting in its place a new subsection (d) to read as follows:
"(d) The tax authorities of each county shall determine the tax due on each dealer mobile home at the same tax rate imposed on other mobile homes, which taxes shall be paid on or before April May 1 of the calendar year. Each mobile home return form shall then be marked 'returned for tax purposes' so that each mobile home may then be sold as if all ad valorem taxes had been paid for the current year pursuant to this article."
Section 9. Said chapter is further amended by striking Code Section 48-5-492, relat ing to the issuance of mobile home location permits, and inserting in its place a new Code Section 48-5-492 to read as follows:
"48-5-492. (a) Each year every owner of a mobile home subject to taxation under this article shall obtain on or before April May 1 from the tax collector or tax commis sioner of the county of taxation of the mobile home a mobile home location permit. The issuance of the permit by the tax collector or tax commissioner shall be evidenced by the issuance of a decal, the color of which shall be prescribed for each year by the com missioner. Each decal shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner, fe aH counties having a population ef- net less than go AQA yiriT- Yn Arr thfln 7fi 000 fl rfnrH i n F tn tVip TTrijfpp] fitfltp*^ Hpppnnifll rpn^un c\f 1 O,Q,Q r\r
any luturc sucn census, every owner et a mobile nomc snail ootam tnc permit provided fer above en ef before March IT
(b) Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before April May 1 from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and dis played on the mobile home by the owner."
Section 10. Said chapter is further amended by adding a new subsection at the end of Code Section 48-5-493, relating to failure to attach and display mobile home decals and the penalties related thereto, to be designated subsection (c) to read as follows:
"(c) Violation of subsection (a) or (b) of this Code section may be prosecuted in the magistrate court of the county where the mobile home location permit is to be issued in the manner prescribed for the enforcement of county ordinances set forth in Article 4 of Chapter 10 of Title 15."
Section 11. Said chapter is further amended by striking Code Section 48-5-494, relating to the return of certain mobile homes for taxation, and inserting in its place a new Code Section 48-5-494 to read as follows:
"48-5-494. Each year every owner of a mobile home subject to taxation under this article shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on April
4358
JOURNAL OF THE HOUSE,
May 1, whichever occurs first. If the owner returns his mobile home for taxation prior to the date that the application for the mobile home location permit is required, he shall apply for the permit at the time he returns the mobile home for taxation. Except as pro vided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid, fe aH counties having a population ef et less than 68,000
payment ef taxes thereon shall in e ease be later than March t"
Section 12. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Sections 8, 9, and 11 of this Act shall become effective January 1, 1993, and shall be applicable to all taxable years beginning on or after that date.
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 substi tute, 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 Ashe Y Atkins Y Baker Y Balkcom Y Bartbot
Bargeron Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks
Brown
Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S
Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Floyd.J.M Y Floyd.J.W Y Flynt Godbee Y Golden Y Goodwin Green Greene Y Griffin Y Groover E Hamilton Y Hammond Manner Y Harris.B Y Harris.J
Heard Henson Y Herbert 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
Long YLord
Lucas YMann Y Martin Y McBee 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
01iver,C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Smith.I,
Y Smith.P Smith.T Smith.W Smyre Snow
Y Stancil.F Y Stancil.S Y Stanley
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 Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Williams.R Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representatives Poston of the 2nd and Pettit of the 19th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
TUESDAY, MARCH 31, 1992
4359
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:
HB 1693. By Representative Buck of the 95th:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions.
The President has appointed on the part of the Senate the following:
Senators Hammill of the 3rd, Ramsey of the 54th and Garner of the 30th.
The Senate has disagreed to the House substitute to the following Bill of the Senate:
SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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 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 who served in World War I, World War II, the Korean War, the Vietnam War, and Opera tion Desert Storm; to provide for procedures and qualifications for the issu ance of such license plates; to provide for fees.
The following Resolutions of the House were read and adopted:
HR 1249. By Representatives Thomas of the 31st, Canty of the 38th, Davis of the 29th, Holmes of the 28th, Brooks of the 34th and others:
A resolution honoring Reverend Joseph E. Boone.
HR 1250. By Representative Groover of the 99th: A resolution commending Mr. Terry W. Bedingfield.
HR 1251. By Representative Thomas of the 31st: A resolution commending Mrs. Juanita Sellers Stone.
HR 1252. By Representative Holland of the 136th:
A resolution congratulating Mr. and Mrs. Dennis Odom on the occasion of their fiftieth wedding anniversary.
HR 1253. By Representatives Martin of the 26th and Childers of the 15th: A resolution commending Dr. W. Douglas Skelton, M.D.
4360
JOURNAL OF THE HOUSE,
HR 1254. By Representative Holland of the 136th:
A resolution congratulating Dr. and Mrs. Henry Gordon Davis, Jr., on the occasion of their fiftieth wedding anniversary.
HR 1255. By Representative Holland of the 136th: A resolution expressing condolences on the passing of Willie James Hill.
HR 1256. By Representative Holland of the 136th: A resolution expressing regret at the passing of B.C. Royal.
HR 1257. By Representative Holland of the 136th:
A resolution congratulating Vernon and Laverne Hortman on the occasion of their fiftieth wedding anniversary.
HR 1258.
By Representatives Thomas of the 31st, Davis of the 29th, McKinney of the 35th, Stanley of the 33rd and Sinkfield of the 37th:
A resolution recognizing the Atlanta Gospel Forum and the City-Wide Youth Revival.
HR 1259. By Representative Connell of the 87th: A resolution commending and recognizing the Augusta Golf Association.
HR 1260. By Representative Holland of the 136th: A resolution commending Mrs. Mae Bibb.
HR 1261. By Representatives Thomas of the 31st, Sinkfield of the 37th, Canty of the 38th and Turnquest of the 56th:
A resolution commending Lonnie Abdul Saboor.
HR 1262. By Representatives Thomas of the 31st, Sinkfield of the 37th and Turnquest of the 56th:
A resolution recognizing and commending Askia Muhammed Toure'.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
HB 1482.
By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th and others:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Anno tated, relating to capital outlay funds in general, so as to provide for excep tions; to provide for notice and a public hearing regarding a reorganization or consolidation plan.
TUESDAY, MARCH 31, 1992
4361
The President has appointed on the part of the Senate the following: Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Resolution of the House:
HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles.
The President has appointed on the part of the Senate the following:
Senators Edge of the 28th, Harris of the 27th and Perdue of the 18th.
The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:
HB 2178.
By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,'" so as to change the provisions relating to audits.
The following Senate amendment was read:
Amend HB 2178 by striking line 15 of page 1 and inserting in lieu thereof the follow ing:
"provisions relating to compensation, expenses, and audits; to provide for other mat ters".
By adding between lines 5 and 6 of page 2 the following:
"amended by striking subsection (e) of Section 1 of said Act, as amended by said 1992 Act, and inserting in lieu thereof a new subsection (e) of Section 1 to read as follows:
'(e) The members of the board shall receive an annual salary for their services equal to 50 percent of the annual salary of the members of the board of commission ers of Glynn County excluding the chairman of the board of commissioners. Said sal ary shall be payable monthly out of the funds of the board of education of Glynn County.'
Section 2. Said Act is further".
By redesignating existing Section 2 as Section 3.
Representative Smith of the 156th moved that the House agree to the Senate amend ment to HB 2178.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
4362
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and finan cial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
The President has appointed on the part of the Senate the following:
Senators Garner of the 30th, Thompson of the 33rd and Johnson 47th.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration:
SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, fur ther, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative intent; to define certain terms.
Representative Taylor of the 94th moved that SB 735 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 Y Alford Y Ashe N Atkins Y Baker
N Balkcom N Barfoot N Bargeron N Barnett,B N Barnett.M N Bates N Beatty N Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks N Brown N Brush NBuck N Buckner NByrd
N Campbell Canty
N Carrell
N Carter Y Cauthorn N Chafin
Chambless N Cheeks Y Childers Y Clark.E N Clark,L Y Coker N Coleman N Colwell
Connell N Culbreth
Cummings.B Y Cummings.M Y Davis.D N Davis.G N Davis.M N Dixon.H
Dixon.S
N Dobbs N Dover N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd,J.M N Floyd,J.W
N Flynt
N Godbee N Golden N Goodwin
N Green N Greene Y Griffin
N Groover E Hamilton N Hammond
Hanner N Harris,B N Harris,J Y Heard Y Henson N Herbert Y Holland N Holmes Y Howard Y Hudson Y Irwin N Jackson
Y Jamieson Jenkins
Y Jones N Kilgore NKing
Y Kingston Y Klein NLadd N Lane.D
N Lane.R N Langford Y Lawrence N Lawson
NLee YLong
Lord
N Lucas N Mann
Y Martin Y McBee N McCoy Y McKelvey
N McKinney.B N McKinney.C N Meadows Y Merritt
Milam N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock
N Padgett Par ham
N Parrish
Patten N Pelote N Perry
Pettit Y Pinholster
Pinkston NPoag
Porter Poston N Powell.A N Powell.C N Presley N Purcell Y Randall
N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill Y Simpson
Sinkfield N Skipper Y Smith.L N Smith.P N Smith.T Y Smith.W
Smyre
TUESDAY, MARCH 31, 1992
4363
Snow Y Stancil.F Y Stancil.S N Stanley N Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M N Thomas.N N Thurmond N Titus
Y Tolbert N Townsend Y Turnquest N Twiggs Y Valenti N Vaughan
On the motion, the ayes were 50, nays 107. The motion was lost.
N Walker,J N Walker.L N Wall Y Watson N Watts
White
N Wilder N Williams.B N Williams,J N Williams,R
Yeargin Murphy ,Spkr
The following amendment was read and adopted:
The Public Safety Committee moves to amend SB 735 by inserting on line 17 of page 3 after the word "activity" and before the period the following:
"by willfully promoting, furthering, or assisting in any felonious criminal conduct by members of the gang".
By inserting on line 21 of page 3 after the word "offenses" and before the word and symbol ", provided" the following:
"resulting in a conviction".
By striking on line 27 of page 4 the word "misdemeanor" and inserting the word "fel ony".
By striking on line 29 of page 5 the following:
"in the county jail".
By striking on line 21 of Page 3 the words "at least one of those" and inserting the word "those."
The following amendment was read:
Representatives Cummings of the 134th, Randall of the 101st and Turnquest of the 56th move to amend SB 735 as follows:
On page 3, line 25 strike the word "or".
Add after the word "by" the words: "the criminal street gang".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy N Adams N Aiken
Y Alford Y Ashe N Atkins Y Baker Y Balkcom N Barfoot
Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield N Birdsong Y Blitch
Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks Y Brown N Brush NBuck
N Buckner NByrd N Campbell N Canty N Carrell N Carter Y Cauthorn N Chafin
Chambless
N Cheeks Y Childers Y Clark.E N Clark.L N Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B Y Cummings.M
N Davis.D N Davis.G N Davis.M N Dixon.H
Dixon.S N Dobbs
N Dover N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd.J.M N Floyd.J.W N Flynt
N Godbee N Golden N Goodwin N Green
N Greene Y Griffin N Groover E Hamilton
Y Hammond N Manner N Harris.B N Harris,J
Heard Y Henson N Herbert Y Holland N Holmes N Howard N Hudson Y Irwin N Jackson N Jamieson
Jenkins
N Jones N Kilgore
4364
JOURNAL OF THE HOUSE,
N King N Kingston Y Klein
NLadd N Lane.D N Lane.R N Langford N Lawrence N Lawson NLee Y Long
Lord N Lucas N Mann Y Martin N McBee N McCoy Y McKelvey N McKinney.B
N McKinney.C N Meadows Y Merritt
Milam N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock
N Padgett N Parham
N Parrish N Patten Y Pelote
Y Perry Pettit
N Pinholster Pinkston
N Poag N Porter
Poston N Powell.A N Powell.C N Presley N Purcell Y Randall
NRay N Reaves
Redding N Ricketson N Royal
N Selman N Sherrill
Y Simpson Sinkfield
N Skipper N Smith.L N Smith.P N Smith.T N Smith.W
Smyre Snow Y Stancil.F N Stancil.S N Stanley N Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M N Thomas.N N Thurmond
N Titus N Tolbert N Townsend Y Turnquest
N Twiggs Y Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson
N Watts White
N Wilder N Williams.B
N Williams.J N Williams.R N Yeargin
Murphy,Spkr
On the adoption of the amendment, the ayes were 38, nays 124. The amendment was lost.
Representative Poston of the 2nd 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 amendment was read:
Representatives Cummings of the 134th, Randall of the 101st and Turnquest of the 56th move to amend SB 735 as follows:
On page 3, line 21 delete the language "Provided at least one of those offenses occurred after July 1, 1992".
On line 23 change the word occurred to occurring.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy N Adams N Aiken Y Alford Y Ashe 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 Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks Y Brown N Brush N Buck N Buckner N Byrd N Campbell Y Canty N Carrell
N Carter Y Cauthorn N Chafin
Chambless N Cheeks Y Childers Y Clark.E N Clark.L N Coker N Coleman N Colwell
Connell N Culbreth Y Cummings,B Y Cummings,M Y Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd.J.M N Floyd.J.W N Flynt
N Godbee N Golden N Goodwin N Green
N Greene Y Griffin N Groover E Hamilton
Y Hammond N Manner N Harris.B N Harris.J
Heard Y Henson Y Herbert Y Holland N Holmes N Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore
N King Y Kingston Y Klein N Ladd N Lane.D
N Lane.R N Langford N Lawrence
N Lawson NLee N Long
Lord N Lucas N Mann Y Martin Y McBee N McCoy Y McKelvey N McKinney.B Y McKinney.C N Meadows Y Merritt
Milam N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock N Padgett Y Parham
N Parrish N Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston N Poag N Porter
Poston N Powell.A N Powell.C N Presley N Purcell Y Randall NRay N Reaves
Redding N Ricketson N Royal Y Selman N Sherrill N Simpson Y Sinkfield N Skipper N Smith.L Y Smith.P N Smith.T N Smith.W
Smyre
TUESDAY, MARCH 31, 1992
4365
N Snow Y Stancil.F Y Stancil.S N Stanley N Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
N Titus
N Tolbert N Townsend Y Turnquest N Twiggs Y Valenti N Vaughan
N Walker.J N Walker.L N Wall N Watson N Watts Y White
On the adoption of the amendment, the ayes were 53, nays 114. The amendment was lost.
N Wilder N Williams.B N Williams.J N Williams.R
Yeargin Murphy,Spkr
Representative Poston of the 2nd 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 amendment was read:
Representatives Cummings of the 134th, Randall of the 101st and Turnquest of the 56th move to amend SB 735 as follows:
On page 4 line 22 add after the word criminal the words "activity of a".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams
N Aiken Y Alford Y Ashe N Atkins Y Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty N Carrell N Carter Y Cauthorn Y Chafin
Chambless N Cheeks N Childers
Y Clark.E N Clark.L N Coker N Coleman N Colwell
Connell
Y Culbreth N Cummings,B Y Cummings,M
Y Davis.D N Davis.G N Davis,M N Dixon.H
Dixon.S Y Dobbs N Dover N Dunn N Edwards N Elliott Y Felton Y Fennel Y Floyd.J.M N Floyd.J.W
Y Flynt N Godbee N Golden Y Goodwin N Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
N Hanner N Harris.B N Harris.J
Y Heard Y Henson Y Herbert Y Holland Y Holmes N Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins
Y Jones N Kilgore YKing Y Kingston Y Klein Y Ladd N Lane.D N Lane.R N Langford Y Lawrence Y Lawson N Lee N Long
Lord Y Lucas N Mann Y Martin Y McBee N McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam
N Mills Y Mobley N Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock N Padgett Y Parham N Parrish N Patten Y Pelote N Perry
Pettit Y Pinholster
Pinkston
N Poag N Porter
Poston Y Powell.A N Powell.C
N Presley Y Purcell Y Randall
NRay N Reaves
Redding N Ricketson N Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
N Skipper N Smith.L N Smith.P
N Smith.T Smith.W Smyre
N Snow Y Stancil.F Y Stancil.S Y Stanley
N Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond N Titus Y Tolbert N Townsend Y Turnquest N Twiggs Y Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson Y Watts Y White N Wilder N Williams.B Y Williams.J N Williams.R N Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 85, nays 83. The amendment was adopted.
Representative Poston of the 2nd 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.
4366
JOURNAL OF THE HOUSE,
The following amendment was read:
Representatives Cummings of the 134th, Randall of the 101st and Turnquest of the 56th move to amend SB 735 as follows:
On page 4 beginning on line 24 srike the language:
"and who willfully promotes, furthers, or assist in any felonious criminal conduct by members of that gang".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Abernathy N Adams N Aiken N Alford Y Ashe N Atkins
Baker N Balkcom N Barfoot
Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks N Brown N Brush
Buck N Buckner NByrd N Campbell N Canty N Carrell N Carter Y Cauthorn N Chafin
Chambless N Cheeks N Childers
Y Clark.E N Clark.L N Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B Y Cummings.M
Y Davis.D N Davis.G N Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd,J.M N Floyd.J.W
Y Flynt Godbee
N Golden Y Goodwin N Green
N Greene N Griffin
Groover E Hamilton Y Hammond
N Manner N Harris.B N Harris,J
Y Heard Y Henson N Herbert Y Holland N Holmes Y Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins Y Jones N Kilgore NKing N Kingston Y Klein NLadd N Lane.D N Lane,R
Langford Lawrence N Lawson
NLee NLong
Lord N Lucas N Mann Y Martin N McBee N McCoy
McKelvey N McKinney.B N McKinney.C N Meadows Y Merritt N Milam
N Mills N Mobley N Moody Y Morsberger
N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock
N Padgett N Parham N Parrish N Patten Y Pelote N Perry
Pettit Y Pinholster
Pinkston N Poag N Porter
Poston N Powell.A N Powell.C N Presley N Purcell Y Randall NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill Y Simpson Y Sinkfield
On the adoption of the amendment, the ayes were 42, nays 118. The amendment was lost.
N Skipper N Smith.L N Smith,?
N Smith.T N Smith.W
Smyre N Snow Y Stancil.F Y Stancil.S N Stanley N Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M N Thomas.N Y Thurmond N Titus Y Tolbert N Townsend Y Turnquest N Twiggs Y Valenti N Vaughan N Walker ,J N Walker.L N Wall
N Watson N Watts Y White N Wilder N Williams.B N Williams.J N Williams.R
N Yeargin Murphy,Spkr
Representative Poston of the 2nd 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 amendment was read:
Representatives Cummings of the 134th, Randall of the 101st and Turnquest of the 56th move to amend SB 735 as follows:
On page 4 line 27 add before the word "misdemeanor" the words "separate and additional".
Add after the word "misdemeanor" the word "offense".
TUESDAY, MARCH 31, 1992
4367
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Abernathy N Adams N Aiken N Alford N Ashe N Atkins N Baker
N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Bcatty N Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks N Brown N Brush N Buck N Buckner NByrd N Campbell
N Canty N Carrell
N Carter Y Cauthorn
N Chafin Chambless
N Cheeks N Childers
Y Clark.E N Clark,L N Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B
Y Cummings.M Y Davis.D N Davis.G N Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd,J.M N Floyd,J.W N Flynt N Godbee N Golden N Goodwin N Green N Greene N Griffin
Groover
E Hamilton Y Hammond N Manner N Harris.B N Harris,J
Heard Y Henson N Herbert Y Holland N Holmes Y Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing N Kingston N Klein NLadd N Lane.D N LaneJR
Langford Lawrence N Lawson NLee N Long Lord N Lucas N Mann Y Martin N McBee N McCoy McKelvey N McKinney.B Y McKinney.C N Meadows Y Merritt N Milam
N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry
Pettit N Pinholster
Pinkston NPoag N Porter Y Poston N Powell,A N Powell.C
N Presley N Purcell Y Randall
NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill Y Simpson
Sinkfield
N Skipper N Smith.L N Smith.P N Smith.T N Smith.W
Smyre N Snow
Stancil.F N Stancil.S N Stanley N Streat Y Taylor Y Teper
Thomas.C Y Thomas.M
N Thomas.N N Thurmond
N Titus Y Tolbert N Townsend
Y Turnquest N Twiggs Y Valenti N Vaughan N Walker,J N Walker.L N Wall N Watson N Watts N White N Wilder
N Williams.B N Williams,J N Williams.R N Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 30, nays 131. The amendment was lost.
The following amendment was read:
Representatives Cummings of the 134th, Randall of the 101st and Turnquest of the 56th move to amend SB 735 as follows:
On page 3, line 19 after the word "the" add the word collective.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Abernathy N Adams N Aiken N Alford
Y Ashe N Atkins Y Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield
Birdsong
Y Blitch
Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks Y Brown N Brush NBuck N Buckner NByrd N Campbell N Canty N Carrell N Carter Y Cauthorn
N Chafin
Chambless N Cheeks
N Childers Y Clark.E N Clark.L N Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B Y Cummings.M Y Davis,D N Davis.G N Davis.M
N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards
N Elliott N Felton Y Fennel N Floyd,J.M N Floyd,J.W N Flynt N Godbee N Golden N Goodwin N Green
N Greene Y Griffin
Groover E Hamilton Y Hammond N Hanner N Harris.B N Harris,J
Heard Y Henson N Herbert Y Holland N Holmes Y Howard N Hudson Y Irwin
4368
JOURNAL OF THE HOUSE,
N Jackson N Jamieson N Jenkins
N Jones N Kilgore Y King N Kingston Y Klein NLadd N Lane.D N Lane.R N Langford
Lawrence N Lawson NLee N Long
Lord N Lucas N Mann Y Martin
N McBee N McCoy
McKelvey N McKirney.B N McKinney.C N Meadows Y Merritt N Milam
Mills N Mobley N Moody
N Morsberger
N Moultrie N Mueller N Oliver.C Y Oliver.M
YOrr
Y Orrock N Padgett
N Parham
N Parrish N Patten Y Pelote N Perry
Pettit N Pinholster
Pinkston N Poag N Porter
Y Poston N Powell.A N Powell.C
N Presley N Purcell Y Randall NRay N Reaves
Redding N Ricketson N Royal
N Selman
N Sherrill Y Simpson Y Sinkfield N Skipper
N Smith.L N Smith.P N Smith.T N Smith.W
Smyre N Snow
Stancil.F
N Stancil.S N Stanley N Streat Y Taylor Y Teper N Thomas.C Y Thomas.M N Thomas.N
On the adoption of the amendment, the ayes were 37, nays 126. The amendment was lost.
N Thurmond N Titus Y Tolbert N Townsend
Y Turnquest N Twiggs Y Valenti N Vaughan N Walker.J
N Walker.L
N Wall
N Watson
N Watts Y White N Wilder N Williams.B N Williams.J N Williams.R N Yeargin
Murphy ,Spkr
The following amendment was read:
Representatives Cummings of the 134th, Randall of the 101st and Turnquest of the 56th move to amend SB 735 as follows:
On page 3, line 15 delete the words "individually or".
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 Y Ashe
N Atkins Baker
N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick N Branch N Breedlove
Y Brooks
Brown
N Brush NBuck
N Buckner
NByrd N Campbell N Canty N Carrell N Carter
Y Cauthorn
N Chafin Chambless
N Cheeks N Childers
N Clark.E N Clark.L N Coker N Coleman N Colwell
Connell N Culbreth
Cummings.B Y Cummings.M Y Davis.D N Davis.G
N Davis.M
N Dixon.H N Dixon.S N Dobbs N Dover
N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd,J.M N Floyd,J.W
N Flynt N Godbee N Golden N Goodwin N Green N Greene
Griffin
Groover E Hamilton Y Hammond N Hanner N Harris.B N Harris,J
Heard Y Henson N Herbert Y Holland N Holmes Y Howard
N Hudson
Y Irwin
N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing N Kingston Y Klein NLadd N Lane.D N Lane.R N Langford
Lawrence N Lawson NLee
N Long Lord
N Lucas NMann Y Martin N McBee N McCoy
McKelvey
N McKinney,B N McKinney.C N Meadows
Y Merritt N Milam
N Mills N Mobley
N Moody N Morsberger N Moultrie
N Mueller N Oliver.C Y Oliver.M YOrr
Y Orrock
N Padgett N Parham N Parrish
N Patten Y Pelote
N Perry Pettit
N Pinholster Pinkston
NPoag N Porter Y Poston N Powell.A
N Powell.C N Presley N Purcell Y Randall NRay N Reaves
Redding N Ricketson N Royal
N Selman
N Sherrill Y Simpson N Sinkfield
N Skipper N Smith.L
N Smith.P N Smith.T N Smith.W
Smyre
N Snow
Y Stancil.F N Stancil.S N Stanley N Streat
Y Taylor Y Teper N Thomas.C Y Thomas.M N Thomas.N
Thurmond
N Titus Y Tolbert
N Townsend
Y Turnquest
N Twiggs Y Valenti N Vaughan N Walker,J N Walker.L N Wall N Watson N Watts N White N Wilder N Williams.B
Williams.J N Williams.R N Yeargin
Murphy .Spkr
TUESDAY, MARCH 31, 1992
4369
On the adoption of the amendment, the ayes were 31, nays 129. The amendment was lost.
The following amendment was read:
Representatives Cummings of the 134th, Randall of the 101st and Turnquest of the 56th move to amend SB 735 as follows:
On page 3, line 10 delete the words "one 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 Y Ashe N Atkins Y Baker N Balkcom N Barfoot N Bargeron N Barnett,B N Barnett.M N Bates N Beatty N Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks N Brown N Brush NBuck N Buckner NByrd N Campbell N Canty N Carrell N Carter
Y Cauthorn N Chafin
Chambless N Cheeks N Childers
Y Clark.E N Clark.L N Coker N Coleman N Colwell
Connell N Culbreth
Cummings.B Y Cummings,M Y Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd,J.M N Floyd,J.W N Flynt
N Godbee N Golden N Goodwin
N Green N Greene N Griffin
Groover
E Hamilton Y Hammond N Hanner N Harris.B N Harris.J
Heard Y Henson N Herbert Y Holland
N Holmes Y Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing N Kingston Y Klein NLadd N Lane.D N Lane.R N Langford Y Lawrence N Lawson NLee NLong
Lord
Lucas N Mann Y Martin N McBee N McCoy
McKelvey N McKinney.B N McKinney.C N Meadows Y Merritt N Milam
N Mills
N Mobley N Moody N Morsberger
N Moultrie N Mueller N Oliver.C
Y Oliver.M YOrr Y Orrock
N Padgett N Parham N Parrish N Patten Y Pelote N Perry
Pettit N Pinholster
Pinkston NPoag N Porter Y Poston N Powell,A N Powell.C N Presley N Purcell Y Randall
NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill Y Simpson
Sinkfield
On the adoption of the amendment, the ayes were 36, nays 127. The amendment was lost.
N Skipper N Smith.L N Smith.P N Smith.T
N Smith.W Smyre
NSnow Y Stancil.F N Stancil.S N Stanley N Streat Y Taylor Y Teper N Thomas.C Y Thomas.M N Thomas.N
Thurmond N Titus Y Tolbert N Townsend Y Turnquest N Twiggs Y Valenti N Vaugban N Walker,J N Walker,L N Wall N Watson N Watts
Y White N Wilder N Williams,B N Williams,J N Williams,R N Yeargin
Murphy.Spkr
The following amendment was read:
Representatives Cummings of the 134th, Randall of the 101st and Turnquest of the 56th move to amend SB 735 as follows:
On page 2, line 22 insert after the word "these" the word "collective". Also on line 22 strike the language: , both individually and collectively,.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
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JOURNAL OF THE HOUSE,
N Abernathy N Adams N Aiken
Alford Y Ashe N Atkins
Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks N Brown N Brush N Buck N Buckner NByrd N Campbell N Canty N Carrell N Carter Y Cauthorn N Chafin
Chambless N Cheeks N Childers
Y Clark.E Clark.L
N Coker N Coleman N Colwell
Connell N Culbreth
Cummings,B Cummings.M Y Davis.D N Davis.G Y Davis.M
N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd,J.M N Floyd,J.W N Flynt
N Godbee N Golden N Goodwin N Green N Greene N Griffin
Groover E Hamilton Y Hammond N Manner N Harris.B N Harris.J
Y Heard Y Henson N Herbert Y Holland N Holmes Y Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing N Kingston Y Klein NLadd N Lane.D N Lane.R N Langford Y Lawrence N Lawson NLee N Long
Lord N Lucas N Mann Y Martin N McBee N McCoy
McKelvey N McKinney.B N McKinney,C N Meadows Y Merritt N Milam
N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock N Padgett
Parham N Parrish N Patten Y Pelote N Perry
Pettit N Pinholster
Pinkston N Poag N Porter Y Poston N Powell.A N Powell.C N Presley N Purcell Y Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill Y Simpson
Sinkfield
N Skipper N Smith.L N Smith.P N Smith.T N Smith.W
Smyre N Snow Y Stancil.F N Stancil.S N Stanley N Streat Y Taylor Y Teper
Thomas.C Y Thomas.M N Thomas,N
Thurmond
N Titus Y Tolbert N Townsend Y Turnquest N Twiggs Y Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts Y White N Wilder N Williams.B N Williams.J N Williams.R N Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 35, nays 124. The amendment was lost.
The following amendment was read and withdrawn:
Representative Clark of the 20th moves to amend SB 735 as follows:
On page 4 between line 18 & 19 add (L) rape and page 3, line 12 delete "(K)" and insert "L".
The following amendment was read:
Representative Wall of the 61st moves to amend SB 735 as follows: By deleting on page 2, line 4 the words "sexual orientation".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy N Adams
Aiken N Alford N Ashe N Atkins N Baker N Balkcom N Barfoot
N Bargeron N Barnett.B N Barnett.M
N Bates
Y Beatty N Benefield
Birdsong
N Blitch N Bordeaux
Bostick N Branch Y Breedlove N Brooks
Brown N Brush
NBuck
N Buckner Byrd
N Campbell N Canty N Carrell
Carter N Cauthorn N Chafin
Chambless N Cheeks N Childers
Y Clark.E N Clark.L
N Coter N Coleman N Colwell
Connell N Culbreth
Cummings.B N Cummings.M N Davis.D N Davis.G N Davis.M
N Dixon.H Y Dixon.S N Dobbs N Dover YDunn N Edwards
N Elliott N Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt
TUESDAY, MARCH 31, 1992
4371
N Godbee N Golden N Goodwin N Green N Greene N Griffin
Groover E Hamilton Y Hammond N Manner N Harris.B N Harris.J Y Heard N Henson N Herbert N Holland N Holmes N Howard
N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones
N Kilgore N King Y Kingston N Klein NLadd N Lane.D N Lane.R N Langford Y Lawrence N Lawson N Lee N Long
Lord N Lucas N Mann N Martin N McBee
N McCoy McKelvey
N McKinney.B N McKinney.C N 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 N Parham N Parrish N Patten Y Pelote N Perry
Pettit N Pinholster
Pinks ton N Poag N Porter N Poston N Powell.A N Powell.C
N Presley 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 N Smith.P
Smith.T N Smith.W
Smyre N Snow
Stancil.F Y Stancil.S
N Stanley N Streat N Taylor
N Teper N Thomas.C N Thomas.M N Thomas.N
Thurmond N Titus Y Tolbert N Townsend
Turnquest N Twiggs N Valenti N Vaughan N Walker.J N Walker.L Y Wall N Watson N Watts N White
N Wilder Williams.B
N Williams,J N Williams.R Y Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 16, nays 141. The amendment was lost.
Representative Cheeks of the 89th moved that the House reconsider its action in adopting the Cummings amendment #3.
On the motion, the roll call was ordered and the vote was as follows:
N Abernathy N Adams Y Aiken N Alford N Ashe Y Atkins N Baker N Balkcom N Barfoot
Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
N Birdsong Y Blitch N Bordeaux N Bostick Y Branch
Breedlove N Brooks Y Brown Y Brush N Buck N Buckner
Y Byrd Campbell
N Canty N Carrell
Y Carter N Cauthorn
N Chafin Chambless
Y Cheeks Y Childers.
N Clark.E N Clark.L Y Coker N Coleman Y Colwell
Connell Y Culbreth Y Cummings,E N Cummings,P N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs Y Dover N Dunn Y Edwards N Elliott N Felton Y Fennel Y Floyd,J.M Y Floyd.J.W N Flynt Y Godbee Y Golden Y Goodwin N Green N Greene N Griffin
Groover E Hamilton N Hammond N Hanner Y Harris.B N Harris.J
N Heard
N Henson N Herbert N Holland N Holmes Y Howard Y Hudson N Irwin N Jackson Y Jamieson N Jenkins N Jones Y Kilgore N King N Kingston N Klein NLadd Y Lane.D Y Lane.R Y Langford N Lawrence N Lawson NLee N Long
Lord Y Lucas N Mann N Martin N McBee Y McCoy Y McKelvey Y McKinney.B N McKinney.C Y Meadows N Merritt N Milam
On the motion, the ayes were 66, nays 98. The motion was lost.
N Mills N Mobley Y Moody Y Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M NOrr Y Orrock Y Padgett N Parham N Parrish
Y Patten Y Pelote N Perry
Pettit N Pinholster
Pinkston
YPoag Y Porter N Poston N Powell.A Y Powell.C Y Presley Y Purcell N Randall YRay
Reaves Redding N Ricketson Y Royal Y Selman N Sherrill N Simpson N Sinkfield
N Skipper Y Smith.L N Smith.P Y Smith.T Y Smith.W
Smyre YSnow N Stancil.F N Stancil.S N Stanley N Streat N Taylor N Teper Y Thomas.C N Thomas.M N Thomas.N
Thurmond N Titus N Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan N Walker,J N Walker.L Y Wall Y Watson
N Watts N White Y Wilder
Williams.B N Williams,J Y Williams.R
N Yeargin Murphy ,Spkr
4372
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins
Baker Y Balkcom Y Bari'uut Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty
Benefield Y Birdsong
Blitch N Bordeaux N Bostick Y Branch N Breedlove N Brooks Y Brown Y Brush Y Buck
Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter N Cauthorn Y Chafin
Chambless Y Cheeks Y Childers
N Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings.B Cummings,M N Davis.D Y Davis.G Y Davis.M Dixon.H Dixon.S Y Dobbs Y Dover Dunn Y Edwards Elliott Y Felton Y Fennel Y Floyd.J.M Floyd,J.W Y Flynt Y Godbee Y Golden N Goodwin Y Green Y Greene Y Griffin N Groover E Hamilton N Hammond Hanner Y Harris.B Y Harris.J
Heard N Henson Y Herbert N Holland
Holmes Y Howard Y Hudson N Irwin Y Jackson N Jamieson Y Jenkins N Jones
Kilgore King Y Kingston N Klein NLadd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee Long Lord Y Lucas YMann N Martin Y McBee Y McCoy Y McKelvey Y McKinney.B McKinney.C Y Meadows N Merritt Milam
Mills N Mobley
Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C N Oliver.M NOrr N Orrock Y Padgett
Parham Y Parrish Y Patten N Pelote N Perry
Pettit Pinholster Pinkston YPoag N Porter N Poston Y Powell.A Y Powell.C Y Presley Y Purcell N Randall Ray Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill N Simpson Y Sinkfield
Y Skipper N Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow N Stancil.F N Stancil.S Y Stanley Y Streat
Taylor Teper Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend N Turnquest Y Twiggs Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Yeargin Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 101, nays 36.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Long of the 142nd, King of the 72nd, Benefield of the 72nd, Abernathy of the 39th and Smyre of the 92nd 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 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.
Due to mechanical malfunction, the votes of Representatives Taylor of the 94th, Valenti of the 52nd and Oliver of the 121st were not recorded on the preceding roll call. They wished to be recorded as voting "nay" thereon.
Due to mechanical malfunction, the vote of Representative McKinney of the 40th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Ladd of the 44th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.
TUESDAY, MARCH 31, 1992
4373
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and finan cial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
Representative Walker of the 115th moved that the House adhere to its position in substituting SB 410 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 has appointed as a Committee of Conference on the part of the House the following members:
Representatives Walker of the 115th, Coleman of the 118th and Jackson of the 9th.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 1399.
By Representatives Holland of the 136th, Porter of the 119th, Jamieson of the llth, Baker of the 51st, Floyd of the 135th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, so as to provide tax credits for cer tain businesses in certain counties.
The following Senate amendment was read:
Amend HB 1399 by inserting on line 20 of page 1, following the word and symbol "processing,", the following:
"tourism,".
bol "B2"y. striking on line 16 of page 2 the word "and" and inserting in lieu thereof the sym
By inserting on line 19 of page 2, between the number "2" and the symbol ".", the following:
"z and the remaining 79 counties shall be classified as tiej 3. In the event two or more counties receive identical statistical ratings, the commissioner of community affairs shall have the discretion to rank such counties based on any other available information".
By inserting on line 13 of page 3, following the word and symbol "job.", the following:
"Business enterprises in counties designated by the commissioner of community affairs as tier 3 counties and which create at least 25 new jobs shall be allowed a job tax credit for taxes imposed under this article equal to $500.00 annually for each new full-time job for five years beginning with years two through six after creation of the job; provided, however, that no such job tax credit shall be allowed for any job created in a tier 3 county after December 31, 1997."
4374
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Representatives Dover of the llth, Holland of the 136th, Porter of the 119th and Royal of the 144th move to amend the Senate amendment to HB 1399 by striking in their entireties lines 6 through 25 of page 1.
Representative Holland of the 136th moved that the House agree to the Senate amendment, as amended by the House, to HB 1399.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty
Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Brooks Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Carter Y Cauthorn
Chafin Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings,B
Cumminga.M Y Davis.D
Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards
Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert 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 N Lawson
Lee
Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam
On the motion, the ayes were 143, nays 4. The motion prevailed.
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 Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinks ton
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Y Reaves
Redding Y Ricketson
Y Royal Selman
Y Sherrill Simpson
Y Sinkfield
Y Skipper Smith.L
Y Smith.P
Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil.S
Y Stanley Streat
Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbcrt Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson
Watts White Y Wilder Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr
Representative Thomas of the 69th 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 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.
TUESDAY, MARCH 31, 1992
4375
The following Senate substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, so as to provide for issuance of replacement license plates or renewal decals lost in the mail; to provide for increases in the fees for dealer tags; to provide for two-year dealer tags; to provide for research fees to be submitted with each form or corrected form sub mitted for an abandoned motor vehicle; to provide for procedures for transfer or replace ment of special license plates for jointly owned vehicles; to change the amount of transfer fees; to provide for registration deadlines for certain commercial vehicles; to provide for penalties for late registration; to provide for related matters; to change certain definitions relative to certificates of title; to change provisions regarding issuance of a new motor vehi cle identification number; to change certain procedures and requirements relative to certif icates of title for salvage or rebuilt vehicles; to require an insurer to notify the owner of any motor vehicle for which a total loss claim is paid of all obligations regarding the regis tration and title of such vehicle prior to payment of such claim; to change certain inspec tion requirements; to exempt certain vehicles; to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses, so as to restrict solicitations for driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs; to provide for exceptions; to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," so as to change certain definitions; to impose certain requirements on licensees; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change certain annual license fees; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, is amended by striking subsection (a) of Code Section 40-2-38, relating to registration and licensing of manufacturers and dealers, in its entirety and inserting in lieu thereof the following:
"(a) Manufacturers and dealers engaged in the manufacture, sale, or leasing of vehi cles required to be registered under Code Section 40-2-20 shall register with the commis sioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $26.00 $62.00, which shall accompany such application, and for which fee the commissioner shall furnish to the dealer one number plate to expire December 31 of odd-numbered years, to be known as a dealer's number, and to be distinguished from the number plates provided for in this chapter by a different and distinguishing color to be deter mined by the commissioner, with the word 'Dealer' on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. The commissioner may in his discretion issue to dealers that manufacture new vehicles in Georgia number plates with the word 'Manufacturer' on such plates. In the event the dealers or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $26.00 $62.00 provided in this Code section, shall pay $6.00 $12.00 for each and every additional number plate furnished. Persons engaged in the business of transporting vehicles for others under such vehicle's own power shall likewise be entitled to obtain license plates under this Code section, but such plates shall be used only on vehicles being transported."
Section 2. Said title is further amended by striking Code Section 40-2-44, relating to reporting of theft, loss, or mutilation of license plates or decals, in its entirety and inserting in lieu thereof the following:
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JOURNAL OF THE HOUSE,
"40-2-44. (a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, includ ing but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Department ef Rev enue, Motor Vehicle Division of the Department of Revenue with a fee of $2.00 $8.00 to obtain a duplicate license plate or revalidation decal. Alternatively, the copy of the police report may be submitted to the applicant's county tag agent with a fee in the same amount as the original tag fee in which case the county tag agent is authorized to issue a replacement license plate or decal.
(b) If the license plate or revalidation decal is mutilated but still legible and if such license plate or revalidation decal is surrendered with the application for the duplicate, the requirements of subsection (a) of this Code section, relating to reporting the theft, loss, or mutilation of license plate or decal and submitting a copy of a police report, shall not apply.
\c) TT duplic&te license prate of revfliicrfltiOR tec&i wnen tiie origins! ftsis Deen lost,
fliriCrflvit sotting lortri trie tflcts of such loss of destruction find tfle pftyment of. ~fl ice of $2.00. A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost. A replacement license plate or revalidation decal when the original has been lost in the mail prior to receipt by the reg istered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the license plate or decal. The owner shall report the nonreceipt or loss of the license plate or decal to the appropriate law enforcement agency or official, including, but not limited to, a municipal or county police department or officer, the county sheriff, or the Department of Public Safety. Said owner shall obtain a copy of the police report on which the license plate or decal number is listed and shall submit such copy to the Motor Vehicle Division of the Department of Reve nue. The owner shall not be charged a fee by the Department of Public Safety or the local law enforcement agency or official for a copy of such police report.
(d) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section."
Section 2.1. Said title is further amended by striking Code Section 40-2-83, relating to special or prestige license plates for jointly owned vehicles, in its entirety and inserting in lieu thereof the following:
"40-2-83. (a) Notwithstanding any other provision of law, any resident person who is authorized to obtain a special or prestige license plate pursuant to this article may, upon complying with the motor vehicle laws relating to licensing, registration, and fees, obtain such special or prestige license plate in his or her own name and the name of any other person with whom he or she jointly owns a motor vehicle.
(b) Any resident owner of a motor vehicle who has been issued a special or prestige license plate and who subsequently acquires a motor vehicle jointly with another and who wishes to place such special or prestige license plate on such jointly owned motor vehicle shall notify the commissioner in such manner as the commissioner may prescribe by regulation and shall pay a transfer fee of $1.00 $5.00, whereupon the commissioner shall change the registration for such license plate to reflect such joint ownership.
(c) Upon the transfer of a jointly owned vehicle upon which there is a special or prestige license plate and the subsequent acquisition of a motor vehicle in the sole name of the person who is authorized to obtain such special or prestige license plate pursuant to this article, such person shall notify the commissioner in such manner as the commis sioner shall prescribe by regulation and shall pay a transfer fee of $1.00 $5.00, where upon the commissioner shall change the registration of such special or prestige plate to reflect the sole ownership by such individual.
(d) If any resident person who is authorized to obtain a special or prestige license plate and who has been issued a special or prestige plate for a jointly owned vehicle dies
TUESDAY, MARCH 31, 1992
4377
or for any other reason is no longer a joint owner of such vehicle, the surviving owner of such vehicle shall surrender the license plate to the commissioner and shall obtain a regular license plate or some other type of special or prestige license plate upon com plying with the motor vehicle laws relating to registration, licensing, and fees."
Section 3. Said title is further amended by striking Code Section 40-2-88, relating to reciprocal agreements for registration of commercial vehicles on an apportionment basis, in its entirety and inserting in lieu thereof the following:
"40-2-88. (a) In addition to and regardless of the provisions of Article 3 of this chapter or any other provisions of law relating to the operation of motor vehicles over the public highways of this state, the Department of Revenue is authorized to enter into reciprocal agreements or plans on behalf of the State of Georgia with the appropriate authorities of any of the states of the United States, the District of Columbia, a state or province of any foreign country, or a territory or possession of the United States or any foreign country providing for the registration of commercial vehicles on an appor tionment basis and may, in the exercise of this authority, enter and become a member of the International Registration Plan developed by the American Association of Motor Vehicle Administrators. Any such reciprocal agreement or plan may provide for but shall not be limited to the following provisions: (1) full reciprocity in accordance with such agreement or plan for commercial vehicles not based in Georgia, which vehicles are oper ated in interstate commerce or a combination of interstate and intrastate commerce and are of specified types or weights, in exchange for equivalent reciprocity for Georgia based commercial vehicles; (2) reciprocal exchange of audits of records of the owners of such commercial vehicles by the states participating in any such agreement or plan; and (3) any other matters which would facilitate the administration of such agreement or plan, including exchange of information for audits enforcement activities and collection and disbursement of proportional registration fees for other jurisdictions in the case of Georgia based commercial vehicles.
(b) Any reciprocity agreement, arrangement, or declaration relating to commercial vehicles in effect between this state and any jurisdiction not a party to such reciprocal agreement or plan or which relates to any matters not covered in such reciprocal agree ment or plan shall continue in force and effect until specifically revoked or amended as provided by law.
(c) (1) Applications for registration or renewal of registration under the Interna tional Registration Plan may be submitted during the period of December 1 of the prior registration year to February 15 of the year for which the license plate is to be issued. Fees must be paid not later than 30 days from the date of the invoice, which will be mailed to the applicant, or March 15 of the registration year, whichever is later. License plates are required to be displayed on vehicles registered under the International Registration Plan not later than May 2 of the registration year.
(2) Any owner of a vehicle required to be registered under the International Regis tration Plan who does not register and obtain a license to operate such vehicle as pre scribed in paragraph (1) of this subsection shall, in addition to any other penalty which may be imposed if such vehicle is registered after May 1^ be subject to a late application penalty of 10 percent of the total registration fees if application for other than a previously unregistered vehicle is received after February 15 of the registration year. Additionally, the owner of a vehicle required to be registered under the Interna tional Registration Plan who does not pay to the commissioner the registration fees by 30 days from the date of the registration fees invoice or March 15 of the registra tion year, whichever is later, shall be subject to a late payment penalty of $50.00 per vehicle for which payment of registration fees is not received by the commissioner by the date prescribed in this paragraph.
(d) The provisions of Code Sections 40-2-22, 40-2-23, 40-2-24, 40-2-26, and 40-2-81 shall not apply to vehicles registered under this Code section, except that:
(1) Registration under the International Registration Plan shall not relieve a regis trant from any other taxes due and registration shall be denied any such vehicle if any Georgia ad valorem property taxes due upon such vehicle are unpaid;
4378
JOURNAL OF THE HOUSE,
(2) No vehicle registration or renewal thereof shall be issued to any motor vehicle subject to the heavy vehicle tax unless the owner of the motor vehicle provides satis factory proof that the heavy vehicle tax imposed by Subchapter D of Chapter 36 of the Internal Revenue Code has been paid for the federal tax year during which the application for registration or renewal thereof is made or that a heavy motor vehicle tax return has been filed with the Internal Revenue Service for the federal tax year during which the application for registration or renewal thereof is made; and
(3) No vehicle registration or renewal thereof shall be issued without the commis sioner having first received certification that the vehicle sought to be licensed is insured in compliance with the mandatory provisions of Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act.' (e) In the event of conflict between the provisions of this Code section or any agree ment entered into under the provisions of this Code section and any other law or provi sion on this subject, the provisions of this Code section or any agreement entered into under the provisions of this Code section shall prevail. (f) Each motor carrier registered under the International Registration Plan shall maintain and keep, for the current year and the three preceding years, such pertinent records and papers as may be required by the Department of Revenue for the reasonable administration of this chapter. If a registrant fails to make records available to the com missioner upon proper request or if any registrant fails to maintain records from which its true liability may be determined, the department may, 30 days after written demand for production of or access to the records or notification of insufficient records, impose an assessment of liability based on the commissioner's estimate of the true liability of such registrant as determined from information furnished by the registrant, information gathered by the commissioner at his own instance, information available to the commis sioner concerning operations by similar registrants, and such other pertinent information as may be available to the commissioner. (g) The commissioner or any authorized agent of the commissioner is authorized to examine the records, books, papers, and equipment of any motor carrier that are deemed necessary to verify the truth and accuracy of any statement or report and ascertain whether the tax imposed by Code Section 48-10-2.1 and the International Registration Plan has been properly paid. The duties and powers of the commissioner as specified in Code Sections 48-2-7 through 48-2-11 are expressly made applicable to this Code sec tion. (h) In lieu of full registration under the International Registration Plan, trip permit registration may be issued for any vehicle or combination of vehicles which could be law fully operated in the state if full registration or apportioned registration were obtained. A person desiring a trip permit shall make application therefor as prescribed by the commissioner. A trip permit shall be issued for the sum of $30.00. Any vehicle or combi nation of vehicles for which a trip permit has been issued may be operated in interstate or intrastate commerce in Georgia for a period of 72 hours from the time of issuance. {e) (i) The department is authorized and empowered to promulgate and to enforce such rules and regulations and to publish such forms as may be necessary to carry out the provisions of the International Registration Plan or any other agreement entered into under the authority set forth in this Code section. {t> 1J) Any person who violates any provision of this Code section shall, in addition to any other penalties provided by any other law, be punished by a fine of not less than $100.00 and not more than $250.00."
Section 4. Said title is further amended by striking paragraphs (9) and (11) of Code Section 40-3-2, relating to the definitions for motor vehicle certificates of title, in their entirety and inserting in lieu thereof the following:
"(9) 'Major component part' means any one of the following subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, hood, and bumper); (B) Rear clip assembly (quarter panels and floor panel assembly); (C) Engine and transmission; (D) Top, with the exception of soft tops;
TUESDAY, MARCH 31, 1992
4379
(E) Frame; or (F) Complete side (fenders fender, door, and quarter panel)t; or (G) For pickup trucks only, these additional components:
(i) Bed assembly (complete bed, front, sides, and bottom; cargo box; slide back bed; stake body; or wrecker assembly);
(ii) Back panel; cab corner assembly (quarter panels); top, side (fender door or cab corner)." "(11) 'Salvage motor vehicle' means any motor vehicle: (A) Which has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts btrt
which is net transferred as a result ef such damage er repair; (B) Which has been acquired by an insurance company as the result of the
vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts;
(C) For which an insurance company has paid a total loss claim and the vehicle
the vehicle will require the replacement of more than one major component part or will require repair of structural damage that would affect the safety of the vehicle. The vehicle owner must surrender the title of such vehicle to the commissioner for cancellation and obtain a salvage certificate of title for such vehicle. If an insurance company pays a total loss claim and the vehicle owner retains the damaged vehicle, the insurance company shall not release payment for such claim until the company secures possession of the title from the vehicle owner; provided, however, that, if a total loss claim is to be paid for a vehicle where the certificate of title for such vehi cle is held by a lienholder or security interest holder, the insurance company may release payment to the vehicle owner and the lienholder or security interest holder jointly and notify the commissioner of payment of such total loss claim and the lienholder or security interest holder shall surrender the certificate of title to the com missioner for cancellation within ten days of receipt of payment of the total loss claim. The Department of Revenue shall give priority to such submissions and shall issue a salvage title for a vehicle within seven days of receipt of the original title for cancellation when a total loss claim is paid and the owner retains the damaged vehicle. The term 'salvage motor vehicle' shall not mean or include any stolen motor vBiiicic tor wiiicii ftft irisurflncc compflny J^&IQ ft vOtsl loss clftirn snct winCM WQ.S SUDTM
to sn opcpflulc condition would not rccfuirc the rcplflccmcnt Ox two o? more mftjor component parts and which has the manufacturer's vehicle identification number plate intact; or the following: (i) Any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered with the manufacturer's vehicle identifi cation number plate intact and:
(I) Was completely undamaged; (II) Was not stripped of major interior parts, including, but not limited to, seats; or (III) Had sustained only minor damage; or (ii) Any vehicle for which an insurance company paid a total loss claim but the damage or repair does not require replacement of more than one major component part or involve any structural damage that would affect the safety of the vehicle; or (D) Which is a imported motor a vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title."
Section 5. Said title is further amended by striking subsection (c) of Code Section 40-3-3, relating to the powers of the state revenue commissioner, in its entirety and insert ing in lieu thereof the following:
"(c) The commissioner may:
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(1) Make necessary investigation to procure information required to carry out this chapter;
(2) Adopt and enforce reasonable rules and regulations to carry out this chapter; (3) Assign a new identifying number to a vehicle if it has none, or its identifying number is destroyed or obliterated, or its motor is changed, and shall either issue a new certificate of title showing the new identifying number or make an appropriate endorsement on the original certificate."
Section 6. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-3-36, relating to salvage certificates of title, which reads as follows:
"(2) (A) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, hood, and bumper; the rear clip assembly, which includes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation.
(B) Any insurance company which acquires a damaged motor vehicle by virtue of having paid a total loss claim shall mail or deliver the certificate of title to the com missioner for cancellation. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance com pany paying such total loss claim shall notify the commissioner and the owner of the payment of a total loss claim.", in its entirety and inserting in lieu thereof the following: "(2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of:
(A) The front clip assembly, which includes the fenders, hood, and bumper; (B) The rear clip assembly, which includes the quarter panels and the floor panel assembly and the top, excluding a soft top; (C) The frame; and (D) A complete side, which includes the fender, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation. (3) (A) Any insurance company which:
(i) Acquires title to a damaged motor vehicle by payment of a total loss claim; or
(ii) Pays a total loss claim for any vehicle which is retained by the vehicle owner, except where the damage does not require replacement of more than one major component part or involve structural damage affecting the safety of the vehicle,
shall mail or deliver the certificate of title to the commissioner for cancellation or issu ance of a salvage certificate of title. If the vehicle owner retains possession of any vehicle for which a total loss claim is paid, the insurance company paying such total loss claim shall, prior to payment of such claim, inform the owner of the vehicle, in writing, of all title and registration obligations attendant to retaining such vehicle.
(B) For a vehicle for which a total loss claim was paid by reason of theft of the vehicle, the commissioner shall issue a certificate of title upon submission of proof that the stolen vehicle was recovered with all vehicle identification numbers intact and the vehicle was neither stripped of major interior parts, including, but not limited to, seats, nor sustained functional or structural damage.
(4) Any security interest holder or lienholder having custody of the certificate of title shall, within ten days after receipt of notice from the commissioner that a total loss claim has been paid on the vehicle, mail or deliver the certificate of title to the commis sioner for cancellation or for issuance of a salvage certificate of title. If, after 30 days the person who has custody of the certificate of title fails, refuses, or neglects to forward the certificate of title to the commissioner, the commissioner shall cancel the current certificate of title and issue a new certificate of title for such vehicle marked 'salvage,' provided that the validity of the security interest of the lienholder having custody of the certificate of title shall not be affected by the issuance of a salvage certificate of title."
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4381
Section 7. Said title is further amended by striking subsection (i) of Code Section 40-3-36, relating to cancellation of titles, and inserting in lieu thereof the following:
"(i) The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehi cle and return such plate to the commissioner for cancellation. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation and of all inspection requirements for rebuilding or restoring such vehicle."
Section 8. Said title is further amended by striking Code Section 40-3-37, relating to certificates of title for salvaged or rebuilt motor vehicles, in its entirety and inserting in lieu thereof the following:
"40-3-37. (a) As used in this Code section, the term 'application for a certificate of title on a salvaged or rebuilt motor vehicle' means:
(1) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Sec tion 40-3-36 and which has been repaired;
(2) An application for a certificate of title for a motor vehicle for which a current out-of-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase; or
(3) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Sec tion 40-3-36 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2. (b) (1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word 'rebuilt' is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The commis sioner may conduct any such initial inspection and any required reinspections even though the motor vehicle may have been previously inspected under this Code section.
(2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. (c) All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its wrecked salvaged condition before any repairs have been made to such vehicle, which photographs shall be used by the commissioner in his inspections of the vehicle pursuant to this Code section. (d) (1) (A) Upon inspection under subsection (b) of this Code section, if it is
determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word 'salvage' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle.
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(B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall cause the word 'rebuilt' to be permanently affixed to said motor vehicle after inspection by the commissioner. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982. (2) Upon inspection by the commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued. (e) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle. (f) (1) Motorcycles shall be exempt from the salvage laws of this state. (2) Motor vehicles which have been altered by the installation of a glider kit shall be issued a certificate of title containing the word 'rebuilt.'"
Section 9. Said title is further amended by adding a new subsection (c) at the end of Code Section 40-3-56, relating to satisfaction of security interests and liens on motor vehicles, to read as follows:
"(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code sec tion, any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or secu rity interest is listed. None of the provisions of this Code section shall preclude the per fection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle other than a motor home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner."
Section 9.1. Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to restoration of drivers' licenses, is amended by adding a new subsection (c) at the end of Code Section 40-5-81, relating to attendance at driver improvement clin ics and DUI Alcohol or Drug Use Risk Reduction Programs, to read as follows:
"(c) It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the Department of Public Safety or the Department of Human Resources to directly or indirectly solicit business by personal solicitation on public property, by phone or mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories by a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be considered a violation of this subsection."
Section 10. Said title is further amended by striking subsection (e) of Code Section 40-11-2, relating to the duty of a person removing or storing an abandoned motor vehicle, in its entirety and inserting in lieu thereof the following:
TUESDAY, MARCH 31, 1992
4383
"(e) If the owner, security interest holder, or lienholder fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an aban doned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the commissioner, to the Department of Revenue with a research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue and to the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If the form submitted to the commissioner is rejected because of inaccu rate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form to the commissioner together with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue and to the Georgia Bureau of Investiga tion. Each subsequent corrected notice, if . ..uired, shall be submitted with an addi tional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other sta*e, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle."
Section 11. Chapter 48 of Title 43 of the Official Code of Georgia Annotated, "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," is amended by striking Code Section 43-48-2, relating to definitions, in its entirety and inserting in lieu thereof the following:
"43-48-2. As used in this chapter, the term: (1) 'Board' means the State Board of Registration for Used Motor Vehicle
Dismantlers, Rebuilders, and Salvage Dealers. (2) 'Dealer' means any person, partnership, firm, or corporation buying, selling, or
using motor vehicle parts, either as a used motor vehicle parts dealer, a motor vehicle dismantler, a motor vehicle rebuilder, a salvage pool dealer, or a salvage dealer.
(3) 'Dismantler' means any person, partnership, firm, or corporation engaged in the business of acquiring wrecked, abandoned, or reparable motor vehicles and selling either the usable parts, the motor vehicle as a unit, or the hulk of the motor vehicle after the usable parts have been removed. For the purposes of this chapter, a person, partnership, firm, or corporation shall be presumed to be engaged in the business of auto dismantling if he or it possesses ten or more inoperative motor vehicles for more than 45 days unless such vehicles are scrap vehicles being held by a scrap metal pro cessor for recycling scrap metal, vehicles being held by a repair business awaiting repairs, or vehicles being held for other reasons as may be prescribed by the board.
(4) 'Established place of business' means a salesroom or sales office in a building or an open lot at which a business of buying, bartering, trading, offering, displaying, selling, dismantling, or rebuilding wrecked or used motor vehicles or parts is carried on or the place at which books and records required for the conduct of such business are kept.
(5) 'Licensee' means any person who is required to be licensed or who is actually licensed under this chapter.
(6) 'Major component part' means one of the subassemblies of a motor vehicle as defined in paragraph (9) of Code Section 40-3-2.
(7) 'Motor vehicle' means every vehicle which is self-propelled except trackless trolleys (which are classified as streetcars), motorcycles, motor driven motordriven cycles, or go-carts.
(8) 'Part' means any used motor vehicle part that has been installed as standard or optional equipment on a motor vehicle, has been removed from the motor vehicle
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on which it was originally attached or affixed, and is the subject of sale or resale as a part and not as scrap.
(9) 'Person' means any individual, copartnership, firm, association, corporation, or combination of individuals of whatever form or character.
(10) 'Rebuilder' means any person, partnership, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles.
(11) 'Salvage dealer' means any person, firm, or corporation who purchases a sal vage vehicle or parts of a salvage vehicle for purposes of resale as parts only or as sal vage.
(12) 'Salvage pool' or 'salvage disposal sale' means a sale at auction or by private bid of wrecked or reparable motor vehicles, either at wholesale or retail, by insurance companies, underwriters, or dealers.
(13) 'Salvage vehicle' means any vehicle which cither: (A) Has Which has been damaged, crushed, or otherwise reduced to such a state
that its restoration would require the replacement of two or more major component parts;
(B) Has Which has been acquired by an insurance company as a result of the vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts e* for which
vehicles which de et require the replacement ef two er more major component parts for restoration; er;
(C) For which an insurance company has paid a total loss claim and which has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle or if the repair of the vehicle requires the replacement of more than one major component part or requires repair to structural parts. The term 'salvage motor vehicle' shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered completely undamaged or was recov ered having sustained only cosmetic damage and which has the manufacturer's vehi cle identification number plate intact or any vehicle for which an insurance company paid a total loss claim but the damage does not require replacement of more than one major component part or involve structural damage that would affect the safety of the vehicle; or
4)--fe (D) Which is a vehicle which has been damaged in shipment and dis claimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. (14) 'Scrap vehicle' means any vehicle which has been wrecked, destroyed, or dam aged to the extent that it cannot be economically repaired, rebuilt, or made operable or roadworthy. (15) 'Used motor vehicle' or 'used car' means any motor vehicle, as defined in this Code section, which has been the subject of a retail sale to a consumer. (16) 'Vehicle' means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary wheels or tracks or overhead trolley wires."
Section 12. Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relat ing to motor vehicle license fees and plates, is amended by striking Code Section 48-10-3, relating to registration and licensing of manufacturers and dealers, in its entirety and inserting in lieu thereof a new Code Section 48-10-3 to read as follows:
"48-10-3. (a) Manufacturers and dealers engaged in the manufacture or sale of motor vehicles, tractors, or trailers shall register with the commissioner and shall apply for a distinguishing dealer's number. The application shall specify the name and make of motor vehicle, tractor, or trailer manufactured or sold by the applicant and shall be made upon forms prepared by the commissioner. The applicant shall pay at the time of making application a fee of $26.00 $62.00. For the fee, the commissioner shall furnish
TUESDAY, MARCH 31, 1992
4385
the applicant one number plate to expire December 31 of odd-numbered years, to be known as a dealer's number and to be distinguished from the number plates provided in this Code section by a different and distinguishing color to be determined by the commissioner. The dealer's number plate shall have the word 'Dealer' on its face and shall be used for the purpose of demonstrating or transporting a manufacturer's or deal er's vehicles or trailers for sale. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire or for lease or in any other manner not provided in this Code section.
(b) In the event a dealer or manufacturer desires more than one number plate, he shall so state on the application and, in addition to the fee of $26.00 $62.00, shall pay a fee of $6.00 $12.00 for each additional number plate furnished.
(c) Each person engaged in the business of transporting motor vehicles for others under the motor vehicle's own power shall be entitled to obtain license plates under this Code section, but the plates shall be used only on vehicles being transported.
(d) Each person engaged in the business of transporting mobile homes and house trailers for others shall be entitled to obtain license plates under this Code section.
(e) This Code section shall not apply in any manner to farm tractors."
Section 13. Sections 2.1, 4 through 6, 8, and 11 shall become effective upon the Gov ernor's approval; Sections 7, 9, and 10 shall become effective July 1, 1992; and Sections 1 through 3 and Section 12 shall become effective January 1, 1993.
Section 14. It is the intent of the General Assembly that in the event of a conflict between the fee provisions of this Act and the fee provisions of HB 1145 of the 1992 Gen eral Assembly, the fee provisions of HB 1145 shall control over any fees contained in this Act.
Section 15. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Parham of the 105th and Harris of the 84th move to amend the Sen ate substitute to HB 494 by striking from lines 27 through 29 of page 1 and lines 1 and 2 of page 2 the following:
"to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, 'The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act,' so as to change certain definitions; to impose certain requirements on licensees;".
By striking lines 12 through 32 of page 11, page 12, and page 13 and lines 1 through 20 of page 14 in their entirety and inserting in lieu thereof the following:
"Section 4. Reserved.".
By striking from lines 6 and 7 of page 15 the words "which read as follows" and inserting in lieu thereof the following:
"in its entirety and inserting in lieu thereof the following".
By striking line 28 of page 15 in its entirety and inserting in lieu thereof the following:
"total loss claim. Prior to payment of such claim, the insurance company shall inform the owner of the vehicle, in writing, on a form prescribed by the commissioner, of all title and registration obligations attendant to retaining such vehicle.".
By striking lines 29 through 32 of page 15 and page 16 and lines 1 through 19 of page 17 in their entirety.
By striking lines 15 through 33 of page 24 and pages 25 through 27 and lines 1 through 14 of page 28 in their entirety and inserting in lieu thereof the following:
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JOURNAL OF THE HOUSE,
"Section 11. Reserved.". By striking line 26 of page 29 in its entirety and inserting in lieu thereof the following: "Section 13. Sections 2.1, 5, 6, and 8".
Representative Harris of the 84th moved that the House agree to the Senate substi tute, as amended by the House, to HB 494.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe 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 N Breedlove
Brooks Brown Y Brush Buck
Y Buckner Y Byrd
Y Campbell Canty
Y Carrell Carter
Y Cauthorn Y Chafin
Chambless
Y Cheeks Y Childers
Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Greene Y Griffin
Y Groover E Hamilton Y Hammond Y Hanner Y Harris,B Y Harris.J
Y Heard Y Henson
Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence
Y Lawson YLee
Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows Y Merritt
Milam
On the motion, the ayes were 136, nays 3. The motion prevailed.
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
Pinkston YPoag Y Porter Y Poston N Powell,A Y Powell.C Y Presley Y Purcell
Randall
Ray Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Sirnpson Y Sinkfield
Y Skipper Y Smith.L
Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley 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
Walker,L Y Wall
Y Watson Y Watts
White Y Wilder
Williams.B Williams,J
Y Williams.R N Yeargin
Murphy.Spkr
Representatives Pettit of the 19th and Thomas of the 69th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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 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 who served in World War I, World War II, the Korean War, the Vietnam War, and Opera tion Desert Storm; to provide for procedures and qualifications for the issu ance of such license plates; to provide for fees.
TUESDAY, MARCH 31, 1992
4387
Representative Jackson of the 9th moved that the House insist on its position in sub stituting SB 505.
The motion prevailed.
The following Bills of the House and Senate were taken up for the purpose of consid ering the Senate amendments or substitutes thereto:
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.
The following Senate amendment was read:
Amend HB 586 by striking lines 3 through 8 of page 3 and inserting in their places the following:
"Section 3. The Metropolitan Atlanta Rapid Transit Authority shall be eligible to receive funds from the State of Georgia or its several departments; provided, however, it is the intent of the General Assembly that state funds shall be allocated to the Metro politan Atlanta Rapid Transit Authority for operating and capital expenses in the same ratios according to which the annual proceeds of the sale and use tax, levied on behalf of that authority, may be used to subsidize the operating and capital costs of the system, respectively, as provided in the Metropolitan Atlanta Rapid Transit Authority Act of 1971, as amended."
Representative Martin of the 26th moved that the House agree to the Senate amend ment to HB 586.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Adams
Y Aiken N Alford Y Ashe N Atkins Y Baker N Balkcom N Barfoot Y Bargeron N Barnett.B Y Barnett.M
Bates N Beatty N Benefield
Birdsong N Blitch Y Bordeaux N Bostick Y Branch N Breedlove N Brooks N Brown N Brush N Buck N Buckner
Byrd N Campbell
Y Canty N Carrell
Carter N Cauthorn N Chafin N Chambless Y Cheeks Y Childers N Clark.E N Clark,L N Coker N Coleman N Colwell
Connell N Culbreth
Cummings,B Cummings,M N Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S N Dobbs N Dover Dunn Edwards N Elliott Felton
N Fennel N Floyd,J.M N Floyd,J.W N Flynt N Godbee
Golden N Goodwin N Green N Greene N Griffin N Groover E Hamilton N Hammond Y Manner N Harris.B Y Harris.J N Heard Y Henson N Herbert Y Holland Y Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones
N Kilgore Y King N Kingston N Klein NLadd N Lane.D N Lane.R N Langford N Lawrence
Lawson N Lee
Long Lord Lucas N Mann Y Martin N McBee N McCoy Y McKelvey McKinney,B Y McKinney.C N Meadows Y Merritt Milam Y Mills N Mobley N Moody N Morsberger
N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett N Parham N Parrish N Patten Y Pelote N Perry
Pettit N Pinholster N Pinkston N Poag N Porter N Poston N Powell.A N Powell.C N Presley N Purcell
Randall NRay N Reaves
Redding N Ricketson N Royal
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JOURNAL OF THE HOUSE,
N Selman N Sherrill
Y Simpson Y Sinkfield
N Skipper Y Smith.L N Smith,? N Smith.T
N Smith.W N Smyre Y Snow N Stancil.F N Stancil.S Y Stanley N Streat Y Taylor
Y Teper Thomas.C
Y Thomas.M N Thomas.N Y Thurmond Y Titus N Tolbert
Townsend
On the motion, the ayes were 42, nays 108. The motion was lost.
Y Turnquest N Twiggs
Valenti N Vaughan
N Walker,J N Walker.L Y Wall N Watson
N Watts White Wilder Williams.B
N Williams.J Williams.R
N Yeargin Murphy.Spkr
Representative Thomas of the 69th 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 631. By Senator Edge of the 28th:
A bill to amend Code Section 13-10-21 of the Official Code of Georgia Anno tated, relating to the authorization and procedure for the creation and main tenance of escrow accounts by state or political subdivisions, so as to provide that in lieu of the retained amounts provided for in Code Section 13-10-20, any department, agency, or instrumentality of the state or any political sub division of the state shall insert a clause in the specifications of all contracts providing for an alternate procedure for the maintenance of an escrow account.
The following Senate amendment was read:
Amend the House substitute to SB 631 by striking from line 9 of page 1 the word "provide" and inserting in lieu thereof the word "clarify".
Representative Dobbs of the 74th moved that the House agree to the Senate amend ment, to the House substitute, to SB 631.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Ashe Y Atkins Baker Y Balkcom Y Barfoot Y Bargeron Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck
Y Buckner Byrd
Y Campbell
Y Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Edwards Y Elliott Y Felton
Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover E Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson
Herbert 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 YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord Lucas Y Mann Martin Y McBee 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 YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston
Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
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4389
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Smith,? Y Smith.T
Y Smith.W Smyre
Y Snow Y Stancil.F Y Stancil.S Y Stanley
Y Streat Y Taylor
Y Teper Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend
Turnquest Y Twiggs
Valenti
Y Vaughan Y Walker.J
Y Walker.L Y Wall Y Watson
Y Watts White
Y Wilder Williams.B
Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 146, nays 0. The motion prevailed.
Representatives Pettit of the 19th and Thomas of the 69th 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 523. By Senators Gillis of the 20th, Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 12-4-75 of the Official Code of Georgia Anno tated, relating to permits for surface mining operations and related matters, so as to require applicants for permits involving certain activities to comply with local zoning and land use ordinances.
The following Senate amendment was read:
Amend the House Committee substitute to Senate Bill 523 by striking on line 21 page 1 after the word revegetation,
"protection of property defined in paragraph (1) of subsection (a) of Code Section 48-5-7.3,.
Representative Dobbs of the 74th moved that the House agree to the Senate amend ment, to the House substitute, to SB 523.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Alford Ashe Y Atkins Baker Y Balkcom Y Barfoot Y Bargeron 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
Byrd Y Campbell Y Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman N Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M
Y Davis.D 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 Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin 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 Y Lee
Long Lord Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B Y McKinney.C Y Meadows Y Merritt Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Parham
Parrish Y Patten Y Pelote
Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre
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JOURNAL OF THE HOUSE,
Y Snow Y Stancil.F Y Stancil,S Y Stanley 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
Valenti Y Vaughan
Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White
Y Wilder Williams.B
Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 145, nays 1. The motion prevailed.
Representatives Perry of the 5th, Pettit of the 19th and Thomas of the 69th 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 2143. By Representative Morsberger of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
The following Senate substitute was read:
A BILL
To amend an Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, particularly by an Act approved March 14, 1989 (Ga. L. 1989, p. 3633), and particularly by an Act approved March 30, 1990 (Ga. L. 1990, p. 5040), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, particularly by an Act approved March 14, 1989 (Ga. L. 1989, p. 3633), and particularly by an Act approved March 30, 1990 (Ga. L. 1990, p. 5040), is amended by striking Section 1.11 in its entirety and inserting in lieu thereof a new Section 1.11 to read as follows:
"Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter amendment with the addi tion of the area described in subsection (c) of this section. Alterations of the boundaries of this city may be made from time to time in a manner provided by law. The bounda ries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: 'Official Map of the Corporate Limits of the City of Lilburn, Georgia.' Photographic, typed, or other copies of such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
(c) In addition to any territory lying within the corporate limits of the City of Lilburn, the corporate limits shall also include all of the property included in the tax parcels as set forth below, as those tax parcels are shown on the tax maps of Gwinnett County as of January 1, 1991, and all of the public roadways and rights of way adjacent to those parcels:
TAX PARCEL #6-121-87 Address: 33 Lancaster Court
All that tract or parcel of land lying and being in Land Lots 120 and 121 of the 6th District of Gwinnett County, Georgia, being Lot 52, Block C, Carrefour Place Sub division, Unit 6, according to plat which is recorded in Plat Book 9, Page 13, Gwinnett
TUESDAY, MARCH 31, 1992
4391
County Records; which said plat is incorporated herein by reference and made apart hereof. TAX PARCEL #6-121-88 Address: 13 Lancaster Court
All that tract or parcel of land lying and being in Land Lots 120 and 121 of the 6th District of Gwinnett County, Georgia, being Lot 53, Block C, Carrefour Place Sub division, Unit 6, according to plat which is recorded in Plat Book 9, page 13, Gwinnett County Records; which plat is incorporated herein by this reference and made apart hereof. TAX PARCEL #6-121-123 Address: 5353 Mileo Place
All that tract or parcel of land lying and being in Land Lot 121 of the 6th District of Gwinnett County, Georgia, being Lot 15, Block C, Carrefour Place Subdivision, Unit 6, according to plat which is recorded in Plat Book 21, page 31, Gwinnett County Records; which plat is incorporated herein by this reference and made apart hereof. TAX PARCEL #6-149-89 Address: 4230 Highway 29
All that tract of land in Land Lot 149 of the 6th District of Gwinnett County, Geor gia, more particularly described as follows: Beginning at a point as the southwest right-of-way line of Arcadia (or Arcado) Road 40-foot from the center line of said road at that point) 190 feet southeasterly as measured along said right-of-way line from the point of intersection of the southeast right-of-way line of U.S. Highway 29 (50 feet from the center line of said highway at that point) with the southwest right-of-way line or Arcadia (or Arcado) Road; running thence south 27 degrees 41 minutes 20 sec onds east 493.76 feet to an iron pin found; thence south 69 degrees 45 minutes 238.42 feet to an iron pin found; thence south 27 degrees 16 minutes 40 seconds east 290.8 feet to an iron pin found on the southeast boundary line of Land Lot 149; thence south 62 degrees 11 minutes 40 seconds west along the southeast boundary line of Land Lot 149 a distance of 453.04 feet to an iron pin found; thence north 27 degrees 42 minutes 40 seconds west 775.92 feet to an iron pin found; thence north 61 degrees 50 minutes 30 seconds east 182 feet to an iron pin found; thence north 27 degrees 24 minutes 10 seconds west 160 feet to an iron pin set on the southeast right-of-way line of U.S. Highway No. 29 (50 feet from the center line of said highway at that point); thence north 59 degrees 58 minutes east along the southeast right-of-way line of U.S. Highway No. 29, 55 feet to an iron pin found; thence south 27 degrees 24 minutes 10 seconds east 161.80 feet to an iron pin found; thence north 61 degrees 50 minutes 30 seconds east 143.86 feet to an iron pin found; thence north 27 degrees 24 minutes 10 seconds west 166.51 feet to an iron pin found on the southeast right-of-way line of U.S. Highway No. 29; thence north 59 degrees 58 minutes east along said southeast right-of-way line of U.S. Highway No. 29, a distance of 79.17 feet to a point; thence northeasterly along the arc of a curve (radius 1959.06 feet) along said southeast rightof-way line of U.S. Highway No. 29, 36.27 feet to an iron pin found; thence south 27 degrees 24 minutes 10 seconds east 195 feet to an iron pin found; thence north 62 degrees 24 minutes 30 seconds east 195.82 feet to the iron pin found at the Point of Beginning; said parcel containing approximately 11.386 acres as shown on a plat of survey prepared for Ledo International Corporation, LTD., by Solar Land Surveying Company, dated August 27, 1982."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Morsberger of the 62nd moves to amend the Senate substitute to HB 2143 by striking lines 15 through 24 of page 2.
4392
JOURNAL OF THE HOUSE,
Representative Morsberger of the 62nd moved that the House agree to the Senate substitute, as amended by the House, to HB 2143.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 633 Do Pass SB 683 Do Pass SB 684 Do Pass SB 740 Do Pass SB 754 Do Pass SB 758 Do Pass SB 762 Do Pass SB 789 Do Pass
SB 792 Do Pass SB 795 Do Pass SB 796 Do Pass SB 797 Do Pass SB 798 Do Pass SB 799 Do Pass SB 802 Do Pass SB 850 Do Pass
Respectfully submitted, Is/ 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:
SB 633. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Code Section 48-5-24 of the Official Code of Georgia Anno tated, relating to payment of taxes to the county in which returns are made, installment payments, interest, and penalties on delinquent tax payments in certain counties, and executions, so as to change the population brackets and provisions relating to the United States decennial census relative to penalties in certain counties; to provide for authority for this Act.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 10.
The Bill, having received the requisite constitutional majority, was passed.
SB 683. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Code Section 15-12-23 of the Official Code of Georgia Anno tated, relating to clerks of boards of jury commissioners and appointment of court personnel in certain counties, so as to change the census and popula tion brackets relating to those counties in which the chief judge of the supe rior court shall have power to appoint a jury clerk and other personnel.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, MARCH 31, 1992
4393
On the passage of the Bill, the ayes were 110, nays 10. The Bill, having received the requisite constitutional majority, was passed.
SB 684. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Code Section 21-3-10 of the Official Code of Georgia Anno tated, relating to the authority for a county to conduct municipal elections, so as to change the provisions relating to population brackets and the United States decennial census in order to provide for continued applicability of cer tain provisions relating to the conduct of certain municipal elections and the payment of the costs related 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 10.
The Bill, having received the requisite constitutional majority, was passed.
SB 740. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd:
A bill to amend Code Section 21-3-134 of the Official Code of Georgia Anno tated, relating to municipalities' lists of electors, so as to change the popula tion figures describing those counties in which registered voters residing within certain municipalities shall be added to the municipality's voter regis tration list.
The report 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 10.
The Bill, having received the requisite constitutional majority, was passed.
SB 754. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 21-3-133 of the Official Code of Georgia Anno tated, relating to purging of a municipality's list of electors, so as to change the population figures describing the counties which encompass municipali ties which shall affix postage to return cards for continuance of registration.
The report 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 10.
The Bill, having received the requisite constitutional majority, was passed.
SB 758. By Senator Starr of the 44th:
A bill to repeal an Act fixing the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300 so as to repeal said Act.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 10.
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JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
SB 762. By Senators Phillips of the 9th and White of the 48th:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, as amended, sc as to change the provisions relating to education districts for the board; to pro vide for definitions and insertions; to provide for election and terms of office of the members of such board; to provide for submission of this Act to the United States Attorney General.
The report 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 10.
The Bill, having received the requisite constitutional majority, was passed.
SB 789. By Senator Tysinger of the 41st:
A bill to amend an Act providing for the protection of pension rights of county officers and employees of certain counties of this state so as to change .he population figure; 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 10. The Bill, having received the requisite constitutional majority, was passed.
SB 792. By Senator Tysinger of the 41st:
A bill to amend an Act applying to counties Having a population of 500,000 or more by the United States Census of 1960 or any future United States census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen so as to change the population figure to 600,000 and the census date to 1990; 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 10.
The Bill, having received the requisite constitutional majority, was passed.
SB 795. By Senator Tysinger of the 41st:
A bill to amend Code Section 47-2-296 of the Official Code of Georgia Anno tated, relating to county probation system employees, so as to change the population figure designating counties in which certain employees of the county probation system are to continue as members of a local retirement system.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 10.
TUESDAY, MARCH 31, 1992
4395
The Bill, having received the requisite constitutional majority, was passed.
SB 796. By Senator Tysinger of the 41st:
A bill to amend Code Section 21-2-233 of the Official Code of Georgia Anno tated, relating to the preparation of the list of electors, so as to change the population brackets.
The report 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 10.
The Bill, having received the requisite constitutional majority, was passed.
SB 797. By Senator Tysinger of the 41st:
A bill to amend an Act providing that counties having a population of more than 200,000, according to the United States Census of 1921 or any subse quent census, shall furnish aid and relief and pensions to regular members of the county police departments, as amended, so as to change the language and figures "500,000 according to the United States decennial census of 1960" to "600,000 according to the United States decennial census of 1990".
The report 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 10.
The Bill, having received the requisite constitutional majority, was passed.
SB 798. By Senator Tysinger of the 41st:
A bill to amend Code Section 47-14-50 of the Official Code of Georgia Anno tated, relating to payments to fund from fines and bonds collected in crimi nal and quasi-criminal cases, so as to change a population figure designating counties in which said Code section is inapplicable; 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 10.
The Bill, having received the requisite constitutional majority, was passed.
SB 799. By Senator Tysinger of the 41st:
A bill to amend Code Section 36-6-16.1 of the Official Code of Georgia Anno tated, relating to the deposit of funds held for the benefit of third persons or litigants by officers of a county or court in the treasury of counties having a population of 500,000 or more, so as to change the population figure.
The report 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 10.
The Bill, having received the requisite constitutional majority, was passed.
4396
JOURNAL OF THE HOUSE,
SB 802. By Senator Tysinger of the 41st:
A bill to amend Code Section 21-2-213 of the Official Code of Georgia Anno tated, relating to the qualifications of registrars and deputy registrars, so as to change the population figure designating the counties in which the board of registrars and elections shall appoint the registrars and deputy registrars of each municipality lying wholly within the boundaries of any such county as deputy registrars of such county.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 10.
The Bill, having received the requisite constitutional majority, was passed.
SB 850. By Senators Ramsey of the 54th and Hasty of the 51st:
A bill to provide that investigators appointed to assist the district attorney of the Conasauga Circuit may be authorized by the district attorney to make arrests; to provide a procedure for such written authorization.
The report 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 10.
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 Bills of the Senate were taken up for consideration and read the third time:
SB 721. By Senators Pollard of the 24th, Foster of the 50th and Broun of the 46th:
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 for additional powers of local boards of education; to provide an effective date.
The following Committee substitute was read:
A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for additional powers of local boards of education; to change the provisions relating to the limitation on local fair share funds under the "Quality Basic Education Act"; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end of Article 3, relating to local boards of education, a new Code Section 20-2-64 to read as follows:
"20-2-64. (a) Each local board of education is authorized to establish and maintain one or more funds or trusts for the purposes specified in this Code section and to desig nate one or more fund managers or trustees thereof. Each local board of education shall be deemed to be a person for the purposes of Chapter 12 of Title 53, known as the
TUESDAY, MARCH 31, 1992
4397
'Georgia Trust Act,' and may take any action which a natural person would be autho rized to take and shall be subject to any duty imposed upon a natural person by the provisions of such chapter, except as provided in this Code section.
(b) A local board of education shall appoint one or more managers or trustees for any separate fund or trust, respectively, created pursuant to the authority of this Code section and shall not act as trustee or manager of such a trust or fund.
(c) A local board of education is authorized to accept and pay over to or place in such trust or fund any gifts, grants, bequests, and transfers of real or personal property and money made for the furtherance of such trust's or fund's purposes, as set forth in subsection (d) of this Code section. No funds or property of the local board of education derived from tax revenues or state grants or appropriations shall be placed in any such trust or fund or expended for the administration of such trust or fund.
(d) Trust or fund property and the income therefrom may be expended, unless oth erwise restricted by the donor thereof, for:
(1) Scholarships, grants, loans, and other educational assistance programs for stu dents or graduates, or both, of the school system;
(2) Matching any matching grant given to such trust or fund or to the local board of education;
(3) Any purpose specified by the donor of such trust property, unless limited by subsection (e) of this Code section;
(4) Any other educational purpose; or (5) The cost of administering the trust. (e) Any such trust or fund shall be established under such further terms and condi tions as may be deemed appropriate by the local board of education from time to time to the extent consistent with the uses of funds and purposes described in subsection (d) of this Code section. The local board of education, manager, or trustee may refuse to accept any gift, grant, bequest, or transfer which: (1) Contains any condition, restriction, or limitation that may jeopardize the tax exempt status of such trust or fund for federal or state income tax purposes; (2) Would cause the trust or fund to be treated as a private foundation under Sec tion 509 or any corresponding provision of the Internal Revenue Code, as amended; or (3) Contains any condition, restriction, or limitation deemed by the local board of education, fund manager, or trustee to be inconsistent with the purposes, terms, or conditions of such fund or trust."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-164, relating to the local fair share of funding under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Board of Education shall 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, for fiscal year 1992 only, 75 percent of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. For fiscal year 1993 and every year thereafter, the local fair share for any local school system shall not exceed the amount calculated pursuant to subsection (c) of Code Sec tion 20-2-161 or $595 million for any fiscal year, whichever is lower. The amount of each local school system's local fair share shall be calculated as follows:
(1) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
(2) From the 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 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Twiggs of the 4th moves to amend the Committee on Education sub stitute to SB 721 by striking the sentence on lines 27 through 31 of page 3, which reads as follows:
"For fiscal year 1993 and every year thereafter, the local fair share for any local school system shall not exceed the amount calculated pursuant to subsection (c) of Code Sec tion 20-2-161 or $595 million for any fiscal year, whichever is lower.",
and inserting in lieu thereof the following:
"For fiscal year 1993 and every year thereafter, the total local fair share for any all local school system systems in the state shall not exceed the amount calculated pursuant to subsection (c) of Code Section 20-2-161 or $595 million for any fiscal year, whichever is lower."
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 Ashe
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M
Y Davis.D Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee
Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner Y Harris.B
Y HarrisJ
Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin
McBee
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
Pinks ton YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Y Reaves Redding Y Ricketson Y Royal Selman
Y Sherrill 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 Y Stanley
Streat Y Taylor Y Teper
Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y 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 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
TUESDAY, MARCH 31, 1992
4399
Representatives Thomas of the 69th and Pettit of the 19th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SB 519. By Senator English of the 21st:
A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the definition of agricultural products to delete dairy products from such definition; to provide who shall be required to post bond; to change an exception.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis.G
Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Griffin Y Groover E Hamilton Y Hammond Manner Y Harris.B Y HarrisJ
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin Y McBee
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 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 Presley Y Purcell
Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
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 Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy, Spkr
On the passage of the Bill, the ayes were 149, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Representatives Irwin of the 57th, Pettit of the 19th, Fennel of the 155th and Thomas of the 69th stated that they had been called from the floor of the House during the pre ceding roll call. They wished to be recorded as voting "aye" thereon.
SB 520. 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 of terms used in the Official Code of Georgia Annotated and in other laws of this state, so as to change the definitions of agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; to provide that such definitions shall not apply to certain pro visions of the Official Code of Georgia Annotated or other laws; to provide an effective date.
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JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Representative Reaves of the 147th moves to amend SB 520 by adding following the word and symbol "laws;" on line 8 of page 1 the following:
"to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the humane care of equines; to provide a short title; to provide defini tions; to prohibit certain acts or omissions; to provide for inspections; to provide for impoundment, care, and disposition of equines; to provide for the powers and duties of persons impounding equines; to provide for liens; to provide for notices; to provide for sales; to provide for euthanasia of certain equines; to provide for the disposition of funds; to provide for enforcement; to provide for injunctions and restraining orders; to provide for practices and procedures; to provide for rules and regulations; to provide for penalties;".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
By adding following line 20 of page 2 a new Section 2 to read as follows:
"Section 2. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding at the end thereof a new Chapter 13 to read as follows:
'CHAPTER 13
4-13-1. This chapter shall be known and may be cited as the "Humane Care for Equines Act."
4-13-2. As used in this chapter, the term: (1) "Adequate food and water" means food and water which is sufficient in
amount and appropriate for the particular type of equine to prevent starvation, dehydration, or a significant risk to the equine's health from a lack of food or water.
(2) "Equine" means any member of the Equidae species, including horses, mules, and asses.
(3) "Humane care" means, but is not limited to, the provision of adequate food and water consistent with the normal requirements and feeding habits of the equine's size, species, and breed.
(4) "Owner" means any person owning, having possession or custody of, or in charge of an equine.
(5) "Person" means any person, firm, corporation, partnership, association, or other legal entity; any public or private institution; the State of Georgia; or any county, municipal corporation, or political subdivision of the state. 4-13-3. It shall be unlawful for the owner of any equine:
(1) To commit a violation of Code Section 16-12-4, relating to cruelty to animals, which involves an equine owned by, possessed by, or in the custody or control of such person;
(2) To fail to provide adequate food and water to such equine; (3) To fail to provide humane care for such equine; (4) To unnecessarily overload, overdrive, torment, or beat any equine or to cause the death of any equine in a cruel or inhumane manner; or (5) To interfere with or hinder the Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer in carrying out his duties under this chapter. 4-13-4. (a) At any time there is cause to believe that a violation of Code Section 4-13-3 has occurred, the Commissioner of Agriculture or his designated agent may apply to the appropriate court in the county in which the equine is located for an inspection warrant under the provisions of Code Section 2-2-11 or any sheriff, deputy sheriff, or other law enforcement officer may apply for a search warrant for the pur pose of inspecting any equine found on such property to determine if a violation of Code Section 4-13-3 has occurred.
TUESDAY, MARCH 31, 1992
4401
(b) The Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer is authorized to impound any equine which has not been furnished with adequate food and water, which has not received humane care, or which has been subjected to cruelty in violation of Code Section 4-13-3. Such determi nation as to the condition or treatment of the equine shall be made by a licensed vet erinarian employed by the state or federal government following an examination conducted at the request of the Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer.
4-13-5. (a) It shall be the duty of any person designated for impounding an equine under Code Section 4-13-4 to make reasonable and proper arrangements to provide the impounded equine with adequate and necessary shelter, food, water, veter inary services, and humane care and to take such actions as to ensure the survival of the equine or the humane euthanasia of the equine and disposal thereof if such actions are necessary. Such arrangements may include, but shall not be limited to, providing shelter and care for the equine at any state, federal, county, municipal, or governmental facility or shelter, contracting with a private individual, partnership, corporation, association, or other entity to provide shelter, food, water, veterinary ser vices, and humane care for a reasonable fee, or allowing a private individual, partner ship, corporation, association, or other entity to provide shelter, food, water, veterinary services, and humane care as a volunteer and at no cost. Any person impounding an equine under this chapter or providing care for an impounded equine shall have a lien on such equine for the reasonable costs of caring for such equine.
(b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, mag istrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
(c) Any person impounding an equine under this chapter is authorized to return the equine to its owner upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order or receiving written assurances:
(1) That such equine will be given humane care, adequate food and water, ade quate shelter, and veterinary services;
(2) That such equine will not be subjected to cruelty; and
(3) That the owner will comply with this chapter.
4-13-6. It shall be the duty of any person impounding an equine under this chapter to notify the owner of such equine immediately upon impoundment. Such notice shall state the name and address of the person impounding the equine, the location where the equine is being held, and a description of the equine. If the owner of such equine is unknown or cannot be found, service of the notice on the owner shall be obtained by publishing a notice once in a newspaper of general circulation where the equine is impounded.
4-13-7. If the owner of the equine cannot be found, if the owner refuses to enter into a consent order or to provide a written assurance that such equine will be given humane care and adequate food, water, shelter, and veterinary care, or if the owner fails to comply with this chapter after having entered into a consent order or having given a written assurance on a previous occasion, the Commissioner or his designated agent, the sheriff, any deputy sheriff, or any other law enforcement officer may dis pose of the equine through sale at a public auction or by sealed bids or, if such equine is in a physical condition such that euthanasia is the only reasonable course of action, by humanely disposing of the equine. Prior to disposing of an equine through sale or euthanasia, the Commissioner or his designated agent, the sheriff, any deputy sheriff, or any other law enforcement officer shall make a reasonable effort to locate the owner and, if the owner cannot be located after reasonable effort, the sale or euthanasia may proceed. Any proceeds from the sale of such equine shall be used first to pay the costs of care given the equine and any funds remaining shall be paid into the state treasury if the equine was impounded by the Commissioner or his designated agent or into the county treasury if the equine was impounded by the sheriff, a dep uty sheriff, or other law enforcement officer.
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4-13-8. In addition to the remedies provided in this chapter or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commissioner is authorized to apply to the superior courts for an injunction or restraining order. Such courts shall have jurisdiction and for good cause shown shall grant a temporary or permanent injunction or an ex parte or restraining order restraining or enjoining any person, partnership, firm, corporation, or other entity from violating and continuing to violate this chapter or any rules and regulations promulgated under this chapter. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation consti tutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation.
4-13-9. The Commissioner is authorized to promulgate and adopt rules and regula tions necessary or appropriate to carry out this chapter.
4-13-10. Any person, partnership, firm, corporation, or other entity violating any of the provisions of this chapter shall be guilty of a misdemeanor.'".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcora Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick
Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck
Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter
Cauthorn
Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Fennel V Floyd.J.M Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover E Hamilton
Hammond Manner Y Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas YMann Y Martin Y McBee 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 Parham
Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinks ton
YPoag Y Porter
Y Poston Y Powell.A
Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W
Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y 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 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Fennel of the 155th, Pettit of the 19th, Thomas of the 69th and Hammond 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.
TUESDAY, MARCH 31, 1992
4403
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its amendment to the House substitute and has appointed a Committee of Conference on the following Bill of the Senate:
SB 489. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to implied consent; to provide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibi tion against driving under the influence of alcohol.
The President has appointed on the part of the Senate the following:
Senators Dawkins of the 45th, Robinson of the 16th and Taylor of the 12th.
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 587. By Senators Thompson of the 33rd and Deal of the 49th:
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 a statement of legislative purpose; to define certain terms; to provide for the creation of a State Interagency Council and for matters relative thereto; to provide duties of the State School Superintendent; to provide duties of the State Board of Education; to provide for the grant of funds and for mat ters relative thereto.
The following substitute, offered by Representative Byrd of the 153rd, was read and adopted:
A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the definition of the term "annual debt service"; to provide that capital outlay funds for educational facilities shall be used to reimburse local school systems for the principal component of current annual rental payments under multiyear lease, pur chase, or lease purchase contracts under Code Section 20-2-506 for state approved con struction projects for educational facilities; to provide that no local school system may request funds for such purpose unless and until all construction projects identified in its construction plan for certain purposes have been completed; to provide that state capital outlay funds may be used in the acquisition and construction of educational facilities which are funded in part with certificates of participation issued in connection with multiyear lease, purchase, or lease purchase contracts under Code Section 20-2-506 subject to certain terms, conditions, and limitations and not inconsistent with the lease purchase method of financing; to provide for a program of community education and development grants; to provide a short title; to provide for definitions; to authorize the Department of Education to make grants to boards of education for certain programs and activities; to provide for qualifications, requirements, practices, and procedures relative to such grants; to provide for matching funds, employment of personnel, and training programs; to pro vide for advisory councils; to provide for contracts and agreements; to provide for rules
4404
JOURNAL OF THE HOUSE,
and regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 20-2-260, relating to capital outlay funds, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt. Such term shall also include expenditures for annual rental payments, including principal and interest com ponents, for capital outlay construction projects for educational facilities as defined in paragraph (5) of this subsection financed in whole or in part with multiyear lease, pur chase, or lease purchase contracts under Code Section 20-2-506 or any successor law."
Section 2. Said title is further amended by striking subsection (e) of said Code sec tion in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enroll ment or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing edu cational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facil ities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
(4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population by the State Board of Education or which are too expensive to renovate or modernize due to obso lescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or por tions thereof to different sites;
(5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding pur poses; and
(6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed; and v
(7) To reimburse local school systems for the principal component of current annual rental payments under multiyear lease, purchase, or lease purchase contracts under Code Section 20-2-506 for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed."
TUESDAY, MARCH 31, 1992
4405
Section 3. Said title is further amended by adding at the end of said Code section a new subsection (p) to read as follows:
"(p) State capital outlay funds may be used in the acquisition and construction of educational facilities as defined in paragraph (5) of subsection (b) of this Code section which are funded in part with certificates of participation issued in connection with multiyear lease, purchase, or lease purchase contracts under Code Section 20-2-506 or any successor law, subject to the same terms, conditions, and limitations contained in this Code section not inconsistent with the lease purchase method of financing."
Section 4. Said title is further amended by adding at the end thereof a new chapter to read as follows:
"CHAPTER 14
20-14-1. This chapter shall be known and may be cited as the 'Community Educa tion and Development Act.'
20-14-2. As used in this chapter, the term: (1) 'Board of education' means the county board of education in any county in
which there is no independent school system. In any county in which there is a county school system and one or more independent school systems, 'board of education' means the board of education designated by written agreement of all boards of educa tion within the county to coordinate the community education and development pro gram within the county.
(2) 'Department' means the Department of Education. 20-14-3. From funds appropriated or otherwise available for such purpose, the Department of Education is authorized to make grants to boards of education for the creation, administration, operation, and coordination of community education and devel opment programs and activities. Such grants shall be made and the funds shall be administered and expended subject to this chapter and the rules and regulations of the State Board of Education adopted pursuant to this chapter. 20-14-4. All grants under this chapter shall be made on a county basis. Grants shall be paid to the board of education in each county applying for such grants, 20-14-5. (a) There shall be four types of community education and development grants awarded pursuant to this chapter as follows:
(1) Planning grants; (2) Training grants; (3) Training continuation grants; and (4) Leadership support grants. (b) Planning grants shall be awarded in an amount not to exceed $10,000.00 per grant. Not more than one planning grant shall be awarded for each county. No planning grant shall be awarded for any county in which a community education and develop ment program was in existence on January 1, 1988. Planning grant funds shall be used to plan for the implementation, operation, and contents of a community education and development program for the county, for the establishment of a functional community education advisory council for the county, for the employment of personnel, and for the support of leadership during the planning and development of a community education and development program for the county. Such planning shall include an examination of the need for a program within the county, the availability of personnel to implement and operate a program, the training of personnel, the availability of adequate facilities, the costs associated with a program, the desire of the citizens within the county to par ticipate in a program, and any other matters related to whether a program should be established and, if established, how such program should be implemented and operated for the benefit of all citizens within the county. (c) Training grants shall be awarded in an amount of $600.00 per grant. Not more than one training grant shall be awarded for each county. No training grant shall be awarded for any county in which a community education and development program was in existence on January 1, 1988. Training grants shall be used for the purpose of provid ing training to personnel, whether employees or volunteers, prior to the initial imple mentation of a program or during the first year of operation of the program, or both.
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(d) Training continuation grants shall be awarded in an amount of $300.00 per grant. Training continuation grants shall be awarded annually. Not more than one training continuation grant shall be awarded for each county. No training continuation grant shall be awarded for any county if a training grant has been awarded pursuant to sub section (c) of this Code section for such county for the same year. Training continuation grants shall be used for the purpose of providing training to personnel, whether employ ees or volunteers, during years following the initial year of operation of a community education and development program within a county.
(e) Leadership support grants shall be awarded in units based on the population of the county according to the United States decennial census of 1990 or any future such census. A grant of $16,000.00 shall be awarded for each unit to which a county is enti tled under this subsection. A county shall be entitled to one unit for each 25,000 in pop ulation or a portion thereof, provided that:
(1) In counties having a population of 25,000 or less according to the United States decennial census of 1990 or any future such census at least one qualified person with at least half-time responsibility for community education development and implemen tation is employed by the board of education;
(2) In counties having a population of more than 25,000 according to the United States decennial census of 1990 or any future such census at least one qualified person with full-time responsibility for community education development and implementa tion is employed by the board of education;
(3) In order to receive more than two units of leadership support grant funds from the department under this subsection, the board of education shall provide matching funds for the community education and development program within the county in an amount equal to the state funds provided for the third and subsequent units to which the county is otherwise entitled. The expenditure of such matching funds is declared to be for the support and maintenance of education and is for a public purpose. The funds of county and independent school systems and any funds otherwise available to such school systems through grants, gifts, or bequests may be used as matching funds under this paragraph;
(4) An appropriate training program has been established within the county for the purpose of training personnel, whether employees or volunteers, for the operation of the community education and development program within the county;
(5) A resolution has been adopted by the county board of education and by the board of education of each independent school system within the county supporting the implementation and funding of a community education and development program within the county; and
(6) A functional community education and development advisory council has been established by the board of education within the county to assist and advise the board of education and the community education and development coordinator. Such advis ory council shall involve governmental and community service agencies, the business community, and private citizens in planning, implementation, and funding of commu nity education and development programs.
20-14-6. No grants shall be awarded pursuant to this chapter for any county in which there is a county school system and one or more independent school systems unless the boards of education of all such school systems within the county agree in writing to sup port and provide funds for the community education and development program within such county and agree on a method to administer such program.
20-14-7. (a) The Department of Education is authorized to administer this chapter and the program of community education and development grants authorized by this chapter.
(b) The State Board of Education is authorized to adopt rules and regulations to carry out the provisions of this chapter and administer the community education and development grant program.
(c) The State Board of Education shall create a state-wide, interagency community education and development advisory council to be composed of not less than 14 and not more than 25 members as provided by the board. Members shall be appointed by the
TUESDAY, MARCH 31, 1992
4407
commissioner of community affairs. The members of the council shall serve without compensation. The council shall advise the State Board of Education, the Department of Education, and the commissioner of community affairs concerning the community education and development grant program and shall assist boards of education with developing, implementing, operating, and improving community education and develop ment programs.
(d) The Department of Education and the State Board of Education are authorized to accept and expend state, federal, local, and private funds, including gifts, grants, and bequests from any person, corporation, partnership, association, or other entity, to administer this chapter and to support community education and development programs throughout this state.
(e) If sufficient funds are not available in any year to provide planning grants, train ing grants, and training continuation grants to all counties applying for such grants, available funds shall be awarded for planning grants, training grants, and training con tinuation grants in the order in which applications for such grants are received by the department. If sufficient funds are not available for leadership support grants, available funds shall be awarded in the order in which the applications for such grants are received, provided that all counties applying shall receive a grant for one unit before a second unit is distributed to any county, all counties entitled to two units shall receive such second unit before subsequent units are awarded to any county, and so forth until all available funds have been distributed."
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, 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 Ashe
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 Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E
Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott
Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J
Heard Y Henson Y Herbert Y Holland Y Holmes
Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones
Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D Y Lane.R Y Langford
Lawrence Y Lawson
YLee YLong
Lord Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney,B Y McKinney.C Meadows Y Merritt Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orr 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 Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Smith.P Smith.T
Y Smith.W Smyre
Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
4408
JOURNAL OF THE HOUSE,
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.
Representative Pettit of the 19th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 489. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to implied consent; to provide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibi tion against driving under the influence of alcohol.
Representative Porter of the 119th moved that the House adhere to its position in substituting SB 489 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 has appointed as a Committee of Conference on the part of the House the following members:
Representatives Parham of the 105th, Groover of the 99th and Porter of the 119th.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:
SB 831. By Senators Steinberg of the 42nd, Garner of the 30th and Bishop of the 15th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to require state government and state authority employers to grant employees a period of leave for certain family or medical purposes; to provide for definitions; to provide for practices and procedures in connection with the requirement of leave; to provide for excep tions; to provide for certification of medical conditions; to provide an effec tive date.
The following amendment was read and adopted:
Representatives Orrock of the 30th, Lee of the 72nd and Parham of the 105th move to amend SB 831 by adding following the word and symbol "foregoing;" on line 13 of page 1 the following:
"to provide for automatic repeal;".
By striking lines 5 through 8 of page 2 and inserting in lieu thereof the following:
"who has been employed on a full-time basis by the employer from whom leave is sought under Code Section 45-24-2 for at least twelve months.".
TUESDAY, MARCH 31, 1992
4409
By striking line 25 of page 11 and inserting in lieu thereof the following: "Procedure Act.'
45-24-9. This chapter is repealed effective July 1, 1995.'".
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 Ashe Y Atkins Y Baker Y Balkcom Y Barfoot N Bargeron Y Barnett.B N Barnett,M N Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
N Breedlove Y Brooks Y Brown
Brush YBuck
Y Buckner Byrd Campbell
Y Canty Y Carrell
N Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker
Coleman N Colwell
Connell N Culbreth Y Cummings,B
Cummings,M Davis.D Davis.G N Davis,M
Y Dixon.H N Dixon.S Y Dobbs Y Dover
Dunn
Edwards N Elliott Y Felton N Fennel
N Floyd,J.M N Floyd,J.W Y Flynt
N Godbee Y Golden Y Goodwin
Green Y Greene N Griffin N Groover E Hamilton Y Hammond N Manner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein Y Ladd Y Lane.D
N Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord
Y Lucas NMann Y Martin Y McBee N 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 N Parrish Y Patten Y Pelote N Perry
Pettit N Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell,A Y Powell.C
Y Presley N Purcell
Y Randall YRay
Reaves Redding N Ricketson
Y Royal Selman
Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith,?
Smith.T N Smith.W Y Smyre Y Snow Y Stancil.F N Stancil.S
Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson
Y Watts Y White N 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 125, nays 29.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Thomas of the 69th 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 490. By Senator Timmons of the llth:
A bill to amend Code Section 44-3-135 of the Official Code of Georgia Anno tated, relating to filing fees, updated filing documents, change of ownership, and minimum size requirements of cemeteries with respect to preneed deal ers and cemeteries under the "Georgia Cemetery Act of 1983," so as to change the provisions relating to minimum size requirements.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
4410
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 Ashe Y At'dns Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush Y Buck Y Buckner YByrd Y Campbell Y Canty
Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Hanner Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
Hudson Irwin Y Jackson
Jamieson Jenkins
Y Jones 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 Mann Y Martin Y McBee 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
Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell
Randall
Ray Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre YSnow
Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor
Teper Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker.J
Walker,L Y Wall Y 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 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representatives Irwin of the 57th and Pettit of the 19th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 159
The Committee of Conference on SB 159 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 159 be adopted.
Respectfully submitted,
TUESDAY, MARCH 31, 1992
4411
FOR THE SENATE:
/s/ Frank A. Albert Senator, 23rd District
hi Charles W. Walker Senator, 22nd District
/s/ Steve Henson Senator, 55th District
FOR THE HOUSE OF REPRESENTATIVES:
/s/ John Simpson Representative, 70th District
/s/ E. M. Childers Representative, 15th District
/s/ Van Streat, Sr. Representative, 139th District
A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise provisions relative to the practice and licensure of certain health related professions; to change the penalty for subsequent convictions of the practice of dentistry without a license; to prohibit the performance of surgery or other invasive pro cedures by unlicensed persons; to authorize the Composite State Board of Medical Exam iners to contract with organizations for impaired physician programs; to authorize certain provisional licenses to practice medicine under certain conditions in certain areas for per sons who have completed studies at certain nonapproved medical schools; to provide for the revocation of such provisional licenses; to provide for other matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety Code Section 43-11-50, relating to the penalty for the practice of dentistry without a license, and inserting in lieu thereof a new Code Section 43-11-50 to read as follows:
"43-11-50. Any person who practices dentistry in this state without obtaining a license to practice from the board shall be guilty of a misdemeanor upon conviction for the first such offense, a high and aggravated misdemeanor upon conviction for the sec ond such offense, and a felony upon conviction for the third such offense."
Section 2. Said title is further amended by striking Code Section 43-34-1, which reads as follows:
"43-34-1. (a) As used in this Code section, the term 'naturopathy' means a philosophy and system of the healing art embracing prevention, diagnosis, and treatment of human ills by the use of air, light, heat, cold, water, and manipulation, together with the use of such nutritional substances as are naturally found in and are required by the body; such treatment avoids the use of drugs, surgery, X-rays, and radium therapy.
(b) Any person who practices naturopathy in this state in violation of this article shall be guilty of a misdemeanor.
(c) This Code section shall not apply to any person who is licensed to practice the healing arts under any other law of this state if the law under which such person is licensed authorizes the practice of naturopathy.", in its entirety and inserting in its place a new Code Section 43-34-1 to read as follows: "43-34-1. Only persons licensed under the laws of this state to practice medicine under this chapter, veterinarians licensed under Chapter 50 of this title, dentists licensed under Chapter 11 of this title, or podiatrists licensed under Chapter 35 of this title shall perform any surgery, operation, or invasive procedure in which human or ani mal tissue is cut, pierced, or otherwise altered by the use of any mechanical means, laser, ionizing radiation, medication administered by injection, or the removal of foreign bodies from within the tissues of the eye."
Section 3. Said title is further amended by adding at the end of Code Section 43-34-21, relating to the establishment and powers of the Composite State Board of Medi cal Examiners, a new subsection (h) to read as follows:
4412
JOURNAL OF THE HOUSE,
"(h) The board shall have the authority to contract with medical associations or other professionally qualified organizations to conduct impaired physicians programs."
Section 4. Said title is further amended by adding at the end of Code Section 43-34-27, relating to licensing requirements for persons engaged in practice of medicine, a new subsection (c) to read as follows:
"(c) Notwithstanding any other contrary provisions of this Code section, a person who has:
(1) Completed the academic curriculum in residence in a nonapproved medical school, as specified in subsection (b) of this Code section;
(2) Completed one year of supervised clinical training in a teaching hospital in Georgia that is approved by the board;
(3) Satisfactorily completed one year of a board approved internship or residency training program in Georgia that is approved by the board;
(4) Received a favorable letter of recommendation from the program director of such board approved internship or residency program; and
(5) Satisfactorily completed components 1 and 2 of the Federation Licensing Examination (FLEX) shall be eligible to apply for a provisional license to practice medicine during the com pletion of such person's board approved internship or residency training program. Such provisional license, if approved by the board, shall allow the holder to practice medicine in a Health Professional Shortage Area designated as such by the United States Depart ment of Health and Human Services, based on recommendations by the Georgia State Health Planning Agency. Such a provisional license shall not be approved pursuant to this subsection for more than two years and if the licensee leaves, quits, or is expelled from the approved residency program, the provisional license shall be deemed to be revoked. Such provisional license shall be issued only upon approval by the board and nothing contained herein shall be construed to require the issuance of such license."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Simpson of the 70th moved that the House adopt the report of the Committee of Conference on SB 159.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield N Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner
YByrd Y Campbell N Canty Y Carrell
Y Carter Y Cauthorn Y Chafin
Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman N Colwell
Connell Y Culbreth N Cummings,B
Cummings,M Davis.D Y Davis.G N Davis.M Dixon.H
Y Dixon.S Y Dobbs N Dover
Dunn
N Edwards Y Elliott
Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Green
Y Greene N Griffin
N Groover E Hamilton Y Hammond
Manner
Y Harris,B Y Harris.J Y Heard Y Henson Y Herbert N Holland Y Holmes
Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein
YLadd N Lane.D
Y Lane.R N Langford Y Lawrence
Y Lawson YLee
Long Lord
Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B
Y McKinney.C N Meadows
Y Merritt Y Milam Y Mills Y Mobley
N Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston NPoag Y Porter Y Poston
TUESDAY, MARCH 31, 1992
4413
Y Powell.A Y Powell.C N Presley Y Purcell
Randall N Ray
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 Stancil.F
Y Stancil.S Y Stanley
Y Streat N Taylor
Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N
Y Thurmond N Titus
Tolbert Townsend
N Turnquest N Twiggs
Y Valenti Y Vaughan
Y Walker.J Y Walker.L
Y Wall Watson
N Watts White
Y Wilder Y Williams.B
Williams.J Y Williams.R
Yeargin Murphy.Spkr
On the motion, the ayes were 125, nays 24. The motion prevailed.
Representative Kingston of the 125th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1482.
By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th and others:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Anno tated, relating to capital outlay funds in general, so as to provide for excep tions; to provide for notice and a public hearing regarding a reorganization or consolidation plan.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1482
The Committee of Conference on HB 1482 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1482 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Mark Taylor Senator, 12th District
/s/ Suzi Herbert Representative, 76th District
/s/ Pete Robinson Senator, 16th District
/s/ DuBose Porter Representative, 119th District
A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Pro fessional Standards Commission; to change certain provisions relating to service on the Professional Standards Commission; to provide that the Professional Standards Commis sion may make certain recommendations; to provide that the Governor shall select the
4414
JOURNAL OF THE HOUSE,
chairman of the Professional Standards Commission; to provide that the members of such commission shall receive certain reimbursement of expenses; to provide that the members of such commission shall appoint an executive secretary; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking in its entirety para graph (1) of subsection (d) of Code Section 20-2-200, relating to the certification and clas sification of certain professional personnel employed in the public schools and inserting in lieu thereof the following:
"(1) Is the holder of a master's degree in education m a teaching fiW or higher level degree from a regionally accredited college or university in a subject area field corre sponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section;".
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-201, relating to specific course requirements for teachers and other persons, and inserting in lieu thereof the following:
"(a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily through the se ef objective criteria com pleted a course coursework of five or more quarter hours, approved by the Professional Standards Commission, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed for this purpose, provided such staff development program shall have received prior approval of the commission for that purpose. As used in this subsection, 'children who have special educational needs' is defined as such ehHdrcn as defined by Code Section 20-2-162 gifted children and children who receive edu cational services under an Individualized Education Plan. Teachers, principals and guidance counselors who have satisfactorily completed courses coursework in other states at least comparable with the requirements of this Code section may be approved certi fied by the Professional Standards Commission. Those teachers, principals, and guidance 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 ene yew from date ef employment time not to exceed two years from the date of employment to obtain the prescribed training. Tcachcra holdirig vftliu ocoFgift tcflCfiing ccrtiiicQics 9fiQ.ll n&vc until tticir j*6ccrtiiicflt>ion cifltc to comTM1
Code section shall receive appropriate credit toward certification and salary increases."
Section 3. Said chapter is further amended by striking in its entirety Code Section 20-2-215, relating to the "in loco parentis" status of aides and professionals, and inserting in lieu thereof the following:
"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 Beal ef Education Professional Standards Commission to have such authority and that such aides and paraprofessionals are under direct supervision 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 stu dents 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 education activities related to classroom instruction. The state
TUESDAY, MARCH 31, 1992
4415
beard Professional Standards Commission shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-983, relating to creation of the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(a) The Professional Standards Commission existing June 30, 1991, is abolished and the term of office of the members of such abolished commission shall expire July 1, 1991. A nw Professional Standards Commission is created and attached to the Office of Planning and Budget for administrative purposes only. The commission shall consist of 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 1, 1991, and shall be: six for one year, six for two years, and six for three years. A member may be reappointed to the commission only one time. Vacancies shall be filled for unexpired terms in the same manner as the original appointments. If a member for any reason discontin ues employment or service in the category from which he or she was appointed, that person is ne longer may not be eligible te serve en for reappointment to 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 commission. The Gov ernor 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 Senate is not in ses sion shall be effective until the appointment is acted upon by the Senate."
Section 5. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 20-2-984, relating to the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(d) The commission shall not make any recommendations relating te er have authority over the compensation, benefits, or working conditions of educational person nel in the public schools of Georgia; provided, however, that the commission shall have the authority to make recommendations to the State Board of Education regarding com pensation as it relates to certification."
Section 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-985, relating to the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(a) The commission Governor shall annually select a chairman from its the mem bership a chairman and vice-chairman by ballot of the commission. Meetings shall be held at the call of the chairman or upon the request in writing of a majority of the com mission. A majority of such quorum shall have authority to act upon any matter prop erly brought before the commission."
Section 7. Said chapter is further amended by striking in its entirety Code Section 20-2-986, relating to the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"20-2-986. Members of the commission shall receive no compensation for their ser vices but shall, upon approval by the chairman, be reimbursed for their actual and nec essary expenses incurred in the performance of official commission business; btrt saeh
and employees as provided by Code Section 45-7-20. No member of the commission, with the exception of members of the executive committee of the commission, shall be reimbursed from any public funds for such expenses for more than 20 days during each calendar year, except that there shall be no limitation on the number of meeting days for one year after July 1, 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 with out loss of income or other benefits. An agency of Georgia, or any of its political subdivi sions, including school systems, which employs a member of the commission and
4416
JOURNAL OF THE HOUSE,
employs a person to replace such member during the member's performance of commis sion duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of any costs so incurred."
Section 8. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-987, relating to the executive secretary of the Professional Standards Commission and related matters, and inserting in lieu thereof the following:
"(a) The Governor commission shall appoint an executive secretary te the commiasien who shall serve as the secretary and executive officer of the commission. Such exec utive secretary shall be compensated in an amount fixed by the Governort provided, however, such compensation shall net exceed the annual compensation ef the State Superintendent ef- Schools. 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 te approval by th commission. Personnel of the Department of Education may be utilized by the commission subject to the approval of the State School Superintendent."
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Representative Herbert of the 76th moved that the House adopt the report of the Committee of Conference on HB 1482.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams
Y Aiken
Y Alford
Y Ashe Y Atkins Y Baker Y Balkcom
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 Y Byrd
Y Campbell
Y Canty Y Carrell Y Carter
Y Cauthorn
Y Chafin Y Chambless Y Cheeks
Y Childers
Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings,B Y Cummings,M
Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Y Heard Henson
Y Herbert
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 Y Lee
Long Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam
Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell.A Y Powell.C Y Presley
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
Y Snow Stancil.F
Y Stancil.S Y Stanley 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 Watson Y Watts
White Wilder
Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
On the motion, the ayes were 154, nays 0. The motion prevailed.
Representative Pettit of the 19th 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.
TUESDAY, MARCH 31, 1992
4417
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 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.
The President has appointed on the part of the Senate the following:
Senators Scott of the 36th, Bishop of the 15th and Walker of the 43rd.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1693.
By Representative Buck of the 95th:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1693
The Committee of Conference on HB 1693 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1693 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ R. Joseph Hammill Senator, 3rd District
/s/ Thomas B. Buck, III Representative, 95th District
/s/ Wayne Garner Senator, 30th District
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Tom Ramsey Senator, 54th District
/s/ Larry Parrish Representative, 109th District
A BILL
To amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7
4418
JOURNAL OF THE HOUSE,
of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain proprietary colleges and universities and certain nonpublic institutes of paper sci ence and technology from provisions relating to nonpublic postsecondary educational insti tutions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relat ing to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, is amended by striking paragraphs (13) and (14) of subsection (a) of said Code section and inserting in lieu thereof new paragraphs (13), (14), (15), and (16) to read as follows:
"(13) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or train ing does not exceed $400.00, provided that the total charges incurred by any student for all instruction, other than instruction which is solely avocational or recreational in nature as provided in paragraph (3) of this subsection, do not exceed $400.00 in any one calendar year; and
(14) Any nonpublic medical school accredited by the Liaison Committee on Medical Education and the Southern Association ef Colleges and Schools, a national or regional accrediting agency recognized by the United States Department of Education;
(15) Any college or university that confers both associate and baccalaureate and higher degrees, that is accredited by the Southern Association of Colleges and Schools, College Division, that is operated in a proprietary status, that will post a $200,000.00 performance bond, and that contributes to any Georgia state student recovery fund on the same basis as any other proprietary participating college or school will be exempt from all other provisions of this part; and
(16) Any nonpublic institute of paper science and technology offering graduate degrees and which is allied with a public research university and accredited by a national or regional accrediting agency recognized by the United States Department of Education."
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 Buck of the 95th moved that the House adopt the report of the Com mittee of Conference on HB 1693.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams N Aiken
Alford
Y Ashe 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 N Breedlove N Brooks
Y Brown Brush
Y Buck Y Buckner
Y Byrd Y Campbell N Canty Y Carrell N Carter Y Cauthorn N Chafin
Chambless Y Cheeks Y Childers Y Clark.E
Y Clark.L N Coker Y Coleman
Colwell Connell Y Culbreth Cummings.B
Y Cummings,M Davis.D Davis.G
N Davis.M
Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards N Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd,J.W
N Flynt Godbee Golden
Y Goodwin Green
Y Greene Y Griffin
N Groover E Hamilton Y Hammond Y Hanner
Y Harris.B Y Harris.J Y Heard N Henson N Herbert Y Holland N Holmes Y Howard N Hudson Y Irwin Y Jackson
Jamieson Y Jenkins
Jones
Y Kilgore N King Y Kingston Y Klein
N Ladd N Lane.D Y Lane.R Y Langford
N Lawrence Y Lawson Y Lee
Long Y Lord Y Lucas N Mann N Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Y Merritt Milam
Y Mills Y Mobley
TUESDAY, MARCH 31, 1992
4419
Y Moody
N Morsberger Y Moultrie
Mueller Y Oliver.C
N Oliver.M N Orr
N Orrock Y Padgett Y Parham
Y Parrish Y Patten
Y Pelote
Y Perry
Y Pettit
Y Pinholster Y Pinkston Y Poag N Porter
Y Poston Y Powell,A
N Powell.C N Presley Y Purcell
Y Randall Y Ray
Reaves
Redding
Y Ricketson
Y Royal Selman
N Sherrill Y Simpson
N Sinkfield Y Skipper
Smith.L N Smith,? Y Smith.T
N Smith.W Y Smyre
Y Snow
N Stancil.F
Y Stancil.S
N Stanley Y Streat Y Taylor N Teper
Y Thomas.C N Thomas.M
N Thomas.N Y Thurmond Y Titus
N Tolbert Y Townsend
Y Turnquest
Twiggs
N Valenti
Y Vaughan N Walker,J Y Walker.L Y Wall
Watson Y Watts
White Wilder N Williams.B
Y Williams.J Williams.R
Y Yeargin
Murphy.Spkr
On the motion, the ayes were 104, nays 43. The motion prevailed.
Representative Fennel of the 155th 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 Bills of the House and Senate were taken up for the purpose of consid ering the Senate substitutes or amendments thereto:
SB 474. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the provisions relating to operating, navigating, steering, driving, or control ling of vessels, water skis, aquaplanes, surfboards, or similar devices while under the influence of alcohol or drugs, or both; to change the provisions relating to blood and other chemical tests; to provide for the liability of the owner of such vessel.
The following Senate amendments were read:
SENATE AMENDMENT No. 1
Amend the House substitute to SB 474 by deleting on lines 13-14, page 1, the follow ing:
"to provide that a person under 16 years of age may not operate certain vessels;"
and by deleting lines 12-16 of page 4 so as to eliminate subparagraph (k).
SENATE AMENDMENT No. 2 Amend the House substitute to SB 474 by striking on line 8 of page 1 the following: "16 years of age", and inserting in lieu thereof the following: "15 years of age; to provide for an exception". By striking on lines 10 and 11 of page 3 the following: "16 years", and inserting in lieu thereof the following:
4420
JOURNAL OF THE HOUSE,
"15 years; provided, however, that personal watercraft may be rented, leased, or let to a person between the ages of 12 and 15 years if such person is accompanied by and under the supervision of an adult 18 years of age or older".
Representative Jackson of the 9th moved that the House agree to the Senate amend ments, to the House substitute, to SB 474.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Adams
Y Aiken Y Alford Y Ashe 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 Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark,E Y Clark.L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D 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 Godbee
Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Y Heard Y Henson
Y Herbert Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long YLord Y Lucas Y Mann Y Martin Y McBee 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
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 Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T
Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley 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 Watson Y Watts Y White Y Wilder
Williams.B Y Williams.J
Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 157, nays 0. The motion prevailed.
HB 1238.
By Representatives Skipper of the 116th, Walker of the 113th and Holland of the 136th:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals in the probate courts, so as to provide for default judgments in probate courts.
The following Senate amendments were read:
SENATE AMENDMENT No. 1
Amend HB 1238 by adding on line 19 of page 1 between the words "answer" and "caveat" the following:
TUESDAY, MARCH 31, 1992
4421
SENATE AMENDMENT No. 2
Amend HB 1238 by inserting on line 7 of page 1 between the words and symbol "default;" and "to" the following:
"to provide for medical insurance in cases of certain guardianships;".
By inserting between lines 8 and 9 of page 2 the following:
"Section 2. Code Section 29-4-4.1, relating to appointment of temporary guardians, is amended by adding a new subsection to read as follows:
'(d) If a temporary guardian appointed pursuant to this Code section assumes in writing the obligation to support the minor while the guardianship is in effect to the extent that no other sources of support are available, then for purposes of obtaining medical insurance coverage for the ward, such temporary guardianship shall be deemed to be a permanent guardianship.'"
By renumbering Section 2 as Section 3.
Representative Skipper of the 116th moved that the House agree to the Senate amendments to HB 1238.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L
Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin
Green
Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Hanner
Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones
Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long YLord
Lucas YMann Y Martin
McBee 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 01iver,C Y Oliver.M YOrr
Orrock
Padgett Par ham 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 Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Royal Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley 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
Walker.L Y Wall Y Watson Y Watts
White Wilder Williams.B Y Williams,J Y Williams.R
Y Yeargin Murphy ,Spkr
On the motion, the ayes were 148, nays 0. The motion prevailed.
Representative Pettit of the 19th 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.
4422
JOURNAL OF THE HOUSE,
HB 1769. By Representatives Perry of the 5th, Barnett of the 10th, Greene of the 130th and Coker of the 21st:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Anno tated, relating to jails, so as to provide for deductions from money credited to the account of an inmate to defray the costs paid by a municipality or county for certain medical treatment requested by an inmate or to repay the costs of destruction of public property by an inmate, medical treatment for injuries inflicted by an inmate upon himself or others, searching and appre hending an inmate who has escaped or attempted to escape.
The following Senate substitute was read:
A BILL
To amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for deductions from money credited to the account of an inmate to defray the costs paid by a municipality or county for certain medical treatment requested by an inmate or to repay the costs of destruction of public property by an inmate, medical treatment for injuries inflicted by an inmate upon himself or others, searching and apprehending an inmate who has escaped or attempted to escape, or quell ing any riot or other disturbance in which an inmate is unlawfully involved; to limit cer tain deductions; to define certain terms; to provide certain exceptions; 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 change the provisions relating to terms and conditions of probation; 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. Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, is amended by adding following Article 2 a new Article 3 to read as follows:
"ARTICLE 3
42-4-50. As used in this article, the term: (1) 'Detention facility' means a municipal or county jail used for the detention of
persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense.
(3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician's assistant or a nurse practi tioner; dentist; optometrist; or psychiatrist for examination or treatment.
(4) 'Officer in charge' means the sheriff, if the detention facility is under his super vision, or the warden, captain, or superintendent having the supervision of any other detention facility. 42-4-51. (a) The officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) Repay the costs of: (A) Public property willfully damaged or destroyed by the inmate during his
incarceration; (B) Medical treatment for injuries inflicted by the inmate upon himself or oth
ers; (C) Searching for and apprehending the inmate when he escapes or attempts to
escape; such costs to be limited to those extraordinary costs incurred as a conse quence of the escape; or
(D) Quelling any riot or other disturbance in which the inmate is unlawfully involved;
TUESDAY, MARCH 31, 1992
4423
(2) Defray the costs paid by a municipality or county for medical treatment for an inmate, which medical treatment has been requested by the inmate, provided that such deduction from money credited to the account of an inmate shall not exceed $5.00 for each such occurrence of treatment received by the inmate at the inmate's request; provided, further, that if the balance in an inmate's account is $10.00 or less, such fee shall not be charged. (b) The provisions of paragraph (2) of subsection (a) of this Code section shall not apply in any case where an officer of the detention facility or a medical practitioner determines that an inmate is in need of medical treatment. (c) All sums collected for medical treatment shall be reimbursed to the inmate if such inmate is not convicted of all charges for which the inmate was being held."
Section 2. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, known as the "State-wide Probation Act," is amended by striking in its entirety Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof a new Code Section 42-8-35 to read as follows:
"42-8-35. The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor as directed; (4) Permit the supervisor to visit him at his home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by his offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by his offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-51; {8} (9) Support his legal dependents to the best of his ability; {9} (10) Violate no local, state, or federal laws and be of general good behavior; and (iO) (11) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where he may be found and not contest any effort by any juris diction to return him to this state."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Perry of the 5th moved that the House agree to the Senate substitute to HB 1769.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe 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 N Brooks Y Brown Y Brush Y Buck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin
Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs
Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Green Y Greene Y Griffin Y Groover E Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore
4424
JOURNAL OF THE HOUSE,
YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Y Lucas YMann
Martin Y McBee
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
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 Poweli.C Y Presley Y Purcell Y Randall
YRay Reaves Redding
Y Ricketson Y Royal
Selman Y Sherrill
On the motion, the ayes were 145, nays 3. The motion prevailed.
Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor N Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Titus Y Tolbert
Townsend Y Turnquest
Twiggs N Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Watson Y Watts Y White
Wilder Williams.B Y Williams,J Y Williams.R
Y Yeargin Murphy.Spkr
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 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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 277
The Committee of Conference on HB 277 recommends that the Senate recede from its position and that the attached Committee of Conference Substitute to HB 277 be adopted.
FOR THE SENATE:
/s/ Walter S. Ray Senator, 19th District
/s/ Wayne Garner Senator, 30th District
/s/ Culver Kidd Senator, 25th District
Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover Representative, 99th District
/s/ Henry Bostick Representative, 138th District
/s/ Ralph David Abernathy, III Representative, 39th District
A BILL
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, so as to provide for the offense
TUESDAY, MARCH 31, 1992
4425
of criminal storage of a firearm; to provide for legislative findings and intent; to provide for a short title; to provide definitions; to provide penalties for keeping a loaded firearm within accessibility of a minor who obtains such firearm and causes death or bodily injury; to provide for exceptions; to provide for mitigating factors relative to prosecution; to require a specific warning when firearms are sold or transferred; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, is amended by adding at the end thereof a new Part 5 to read as follows:
"Part 5
16-11-170. This part shall be known and may be cited as the 'Firearms Protection for Minors Act.'
16-11-171. (a) The General Assembly finds that a tragically large number of chil dren in Georgia have been accidentally killed or seriously injured by negligently stored firearms. The General Assembly further finds that placing firearms within the reach or easy access of children is dangerously irresponsible, encourages such accidents, and should be prohibited. Therefore, it is the intent of the General Assembly to take legisla tive action that is necessary to protect the safety of our children.
(b) It is the intent of the General Assembly that adult citizens of this state retain their constitutional right to keep and bear firearms for hunting and sporting activities, for defense of self, family, home, and business, and as collectibles. Nothing in this part shall be construed to reduce or limit any existing right to purchase and own firearms or to provide authority to any state or local agency to infringe upon the privacy of any family, home, or business, except by lawful warrant.
16-11-172. As used in this part, the term: (1) 'Loaded firearm' means a firearm in which there is an unexpended cartridge
or shell, consisting of a case which holds a charge of powder and a bullet or shot, in or attached in any manner to the firearm, including but not limited to in the firing chamber, magazine, or clip attached to the firearm; except that a muzzleloader shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(2) 'Locked container' means a secure container which is fully enclosed and locked by a padlock, key, lock, combination lock, or similar locking device; such term shall include the locked utility or glove compartment of a motor vehicle.
(3) 'Locking device' means a device which temporarily prevents a firearm from functioning including, but not limited to, a factory-installed safety mechanism or device.
(4) 'Minor' means any person under the age of 12 years. 16-11-173. Except as provided in Code Section 16-11-174, a person commits the offense of criminal storage of a firearm if he or she intentionally keeps any loaded fire arm on any premise which is under his or her custody or control and he or she knows or that a minor is likely to gain access to the firearm without the permission of an adult and the minor obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person. Violation of this subsection shall be pun ishable as a midemeanor. 16-11-174. The provisions of Code Section 16-11-173 shall not apply whenever any of the following occur:
(1) The minor obtains the firearm as a result of an illegal entry to any premises by any person;
(2) The firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;
(3) The firearm is carried on the person or within such a close proximity thereto so that the individual can readily retrieve and use the firearm as if carried on the per son;
4426
JOURNAL OF THE HOUSE,
(4) The firearm is equipped with a locking device, which is properly engaged when access thereto is gained by the minor;
(5) The person is a peace officer or a member of the armed forces or National Guard and the minor obtains the firearm during or incidental to the performance of the person's duties;
(6) The minor obtains or obtains and discharges the firearm in a lawful act of selfdefense or defense of another person or persons;
(7) A person who keeps a loaded firearm on any premise which is under his or her custody or control has no reasonable expectation, based on objective facts and circum stances, that a minor is likely to be present on the premise; and
(8) The firearm was obtained by the child from a place where there was no reason able expectation, based on objective facts and circumstances, that a child would have access.
16-11-175. (a) If the person who allegedly violated Code Section 16-11-173 is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the district attorney, solicitor or other prosecutor shall consider, among other factors, the impact of the injury or death on the person alleged to have violated Code Section 16-11-173 when deciding whether to prosecute an alleged violation. It is the General Assembly's intent that a parent or guardian of a minor who is injured or who
dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner or where simi larly egregious circumstances exist. This subsection shall not otherwise restrict, in any
manner, the factors that a district attorney, solicitor or other prosecutor may consider when deciding whether to prosecute alleged violations of Code Section 16-11-173.
(b) If the person who allegedly violated Code Section 16-11-173 is the parent or guardian of a minor who is injured or who dies as the result of an accidental shooting,
no arrest of the person for the alleged violation of said Code section shall occur until at least seven days after the date upon which the accidental shooting occurred. In addi
tion to the limitation contained in this subsection, a law enforcement officer shall con
sider the health status of a minor who suffers great bodily injury as the result of an accidental shooting prior to arresting a person for a violation of Code Section 16-11-173
if the person to be arrested is the parent or guardian of the injured minor. The intent of this subsection is to encourage law enforcement officials to delay the arrest of a par
ent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition.
(c) (1) The fact that a person who allegedly violated Code Section 16-11-173
attended a firearm safety training course prior to the purchase of the firearm that is obtained by a minor in violation of said Code section shall be considered a mitigating
factor by a district attorney, solicitor or other prosecutor when he or she is deciding whether to prosecute the alleged violation.
(2) In any action or trial commenced under this part, the fact that a person who
allegedly violated this part attended a firearm safety training course prior to the pur chase of the firearm that is obtained by a minor in violation of this part shall be admissible.
16-11-176. (a) Upon the retail commercial sale or retail transfer of any firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee, which
warning shall state, in block letters not less than one-fourth inch in height:
'IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES THE FIREARM;
(b) Any retail or wholesale store, shop, or sales outlet which sells firearms shall con spicuously post within the premises the following warning in block letters not less than
three inches in height: 'IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY
ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES THE FIREARM.'"
TUESDAY, MARCH 31, 1992
4427
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Abernathy of the 39th moved that the House adopt the report of the Committee of Conference on HB 277.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams Y Aiken Y Alford
Y Ashe Y Atkins Y Baker Y Balkcom N Barfoot
Bargeron
Barnett.B N Barnett.M N Bates
N Beatty Y Benefield
N Birdsong Y Blitch
Y Bordeaux Y Bostick N Branch
N Breedlove Y Brooks Y Brown N Brush YBuck
N Buckner N Byrd Y Campbell Y Canty N Carrell
N Carter Cauthorn
N Chafin Chambless
Y Cheeks Y Childers
Y Clark.E
N Clark.L Coker Coleman Colwell
N Connell N Culbreth N Cummings.B Y7 Cummings.M
Davis.D Y Davis.G N Davis.M Y Dixon.H
Dixon.S Y Dobbs N Dover
Dunn N Edwards N Elliott
Felton N Fennel N Floyd.J.M
N FloydJ.W Y Flynt
N Godbee Y Golden
Y Goodwin Green Greene
N Griffin
Y Groover E Hamilton
Y Hammond N Manner N Harris.B Y Harris.J
Y Heard Y Henson Y Herbert N Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Jenkins
N Jones N Kilgore YKing N Kingston Y Klein YLadd Y Lane.D N Lane.R Y Langford N Lawrence N Lawson NLee
Long Lord Y Lucas NMann Y Martin Y McBee N McCoy Y McKelvey McKinney,B McKinney,C Meadows Y Merritt N Milam
Y Mills N Mobley N Moody Y Morsberger
Y Moultrie N Mueller N Oliver.C
Y Oliver.M YOrr Y Orrock N Padgett Y Parham N Parrish N Patten Y Pelote N Perry Y Pettit N Pinholster Y Pinkston
N Poag Y Porter Y Poston N Powell,A N Powell.C N Presley N Purcell Y Randall
NRay Reaves
Redding N Ricketson N Royal
Selman Y Sherrill
Y Simpson Y Sinkfield
N Skipper N Smith.L Y Smith.P
Smith.T Smith.W Y Smyre YSnow Y Stancil.F N Stancil.S Y Stanley N Streat Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus N Tolbert N Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan N Walker.J
Walker,L N Wall Y Watson N Watts Y White
Wilder N Williams.B Y Williams.J N Williams.R N Yeargin
Murphy,Spkr
On the motion, the ayes were 79, nays 70.
The motion was lost and the report of the Committee of Conference on HB 277 was rejected.
Representative McKinney of the 40th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Groover of the 99th moved that the House reconsider its action in fail ing to adopt the Committee of Conference Report on HB 277.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom N Barfoot
N Bargeron N Barnett.B
N Barnett.M Bates
N Beatty Benefield
N Birdsong Y 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
Cauthorn N Chafin
Chambless Y Cheeks Y Childers Y Clark.E
Clark.L Coker Coleman Colwell Y Connell
N Culbreth Y Cummings.B
Y Cummings,M Davis.D
Y Davis.G Y Davis.M Y Dixon.H N Dixon,S Y Dobbs N Dover
Dunn N Edwards Y Elliott
4428
JOURNAL OF THE HOUSE,
Felton
N Fennel N Floyd.J.M N Floyd.J.W
Y Flynt
N Godbee
Y Golden
Y Goodwin Green Greene
N Griffin
Y Groover E Hamilton Y Hammond
Manner
N Harris.B
Y Harris.J Y Heard Y Henson
Y Herbert
N Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Jamieson Jenkins
N Jones N Kilgore YKing
N Kingston Y Klein Y Ladd Y Lane.D
N Lane.R Y Langford Y Lawrence
N Lawson
NLee
Long Lord
Y Lucas
N Mann
Y Martin Y McBee N McCoy Y McKelvey N McKinney.B
McKinney.C
Meadows Y Merritt N Milam Y Mills N Mobley N Moody Y Morsberger Y Moultrie
Mueller
N Oliver.C Y Oliver.M YOrr
Orrock
N Padgett Y Parham
N Parrish
Y Patten Y Pelote
N Perry Y Pettit N Pinholster Y Pinkston N Poag Y Porter Y Poston
On the motion, the ayes were 89, nays 58. The motion prevailed.
N Powell,A N Powell.C N Presley N Purcell Y Randall
NRay Reaves Redding
N Ricketson
N Royal Selman
Y Sherrill
Y Simpson Y Sinkfield N Skipper
N Smith.L Y Smith.P
Smith.T Smith.W
Y Smyre YSnow Y Stancil.F N Stancil.S Y Stanley Y Streat
Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N
Thurmond N Titus Y Tolbert
Townsend
Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L N Wall Y Watson
N Watts Y White
Wilder Y Williams.B Y Williams,J N Williams.R
N Yeargin Murphy.Spkr
Representative McKinney of the 40th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Groover of the 99th moved that the House adopt the report of the Committee of Conference on HB 277.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M
Bates N Beatty Y Benefield N Birdsong Y Blitch
Y Bordeaux Y Bostick N Branch N Breedlove
Y Brooks Y Brown
N Brush YBuck
N Buckner NByrd Y Campbell Y Canty N Carrell N Carter
Cauthorn N Chafin
Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L
Coker N Coleman
Colwell N Connell N Culbreth Y Cummings.B Y Cummings.M
Davis.D Y Davis.G N Davis.M
Y Dixon.H N Dixon.S
Y Dobbs
N Dover
Dunn N Edwards Y Elliott
Felton N Fennel
N Floyd.J.M N Floyd.J.W Y Flynt
N Godbee Y Golden
Y Goodwin
Green
Greene
N Griffin
Y Groover E Hamilton
Y Hammond
Hanner N Harris,B
Y Harris,J
Y Heard Y Henson Y Herbert N Holland
Y Holmes
Y Howard
Y Hudson Y Irwin Y Jackson
Jamieson Jenkins N Jones
N Kilgore
YKing N Kingston
Y Klein YLadd Y Lane.D N Lane.R Y Langford N Lawrence N Lawson NLee
Long Lord Y Lucas N Mann
Y Martin Y McBee N McCoy Y McKelvey N McKinney.B
McKinney.C Meadows
Y Merritt N Milam Y Mills N Mobley N Moody Y Morsberger Y Moultrie
Mueller
N Oliver.C Y Oliver.M YOrr
Orrock N Padgett Y Parham
N Parrish
N Patten Y Pelote
N Perry
Y Pettit
N Pinholster Y Pinkston NPoag
Y Porter
Y Poston
N Powell.A N Powell.C
N Presley N Purcell Y Randall N Ray
Reaves Redding
N Ricketson N Royal
Selman Y Sherrill N Simpson Y Sinkfield N Skipper
N Smith.L
Y Smith.P
N Smith.T
Smith.W
Y Smyre
YSnow Y Stancil.F N Stancil.S Y Stanley
Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond N Titus
Y Tolbert
Townsend
Y Turnquest
TUESDAY, MARCH 31, 1992
4429
Twiggs Y Valenti Y Vaughan
Y Walker,J Y Walker.L N Wall
Watson N Watts Y White
Y Wilder Y Williams.B Y Williams.J
N Williams.R N Yeargin
Murphy.Spkr
On the motion, the ayes were 84, nays 66.
The motion was lost and the report of the Committee of Conference on HB 277 was again rejected.
Representative McKinney of the 40th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Cheeks of the 89th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" 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 679. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Anno tated, the "Georgia Ports Authority Act," so as to change provisions relating to the membership and quorum of the authority; to provide for terms of office; to provide for other related matters; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams N Aiken
Y Alford Y Ashe
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 Cauthorn Y Chafin
Y Chambless
Y Cheeks Y Childers
Y Clark,E Y Clark,L E Coker Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings,B Y Cummings,M
Davis.D 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 FloydJ.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene
Y Griffin
Y Groover E Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord
Y Lucas YMann
Martin
Y McBee 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 Y Pinkston YPoag
Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Townsend Y Turnquest
4430
JOURNAL OF THE HOUSE,
Y Twiggs Y Valenti Y Vaughan
Y Walker.J Y Walker.L Y Wall
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 152, nays 1. 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 the report of the Committee of Conference on the following Bill of the House:
HB 1657. By Representative Manner of the 131st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congres sional districts of Georgia.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolution of the House and Senate were taken up for consideration and read the third time:
HR 827. By Representatives Carrell of the 65th, Mobley of the 64th, Stancil of the 66th, McBee of the 68th, Yeargin of the 14th and others:
A resolution creating the Northeast Georgia Public Health Region Overview Commission.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams
Aiken
Y Alford
Y Ashe 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 Y Buck
Y Buckner Y Byrd
Y Campbell
Y Canty
Y Carrell Y Carter
Y Cauthorn
Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark,E Y Clark.L E Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings.B Y Cummings.M Y Davis,D
Davis.G
Y Davis.M
Y Dixon.H Dixon.S
Y Dobbs Y Dover
Dunn
Y Edwards
Y Elliott Y Felton
Fennel
Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee
Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
E Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J
Y Heard
Y Henson Y Herbert
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
Lucas
Y Mann Y Martin
Y McBee 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 Y Orr
Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote
Y Perry Pettit
TUESDAY, MARCH 31, 1992
4431
Y Pinholster Pinkston
Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray
Y Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall 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 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Pettit of the 19th and Fennel of the 155th 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 646. By Senator Johnson of the 47th:
A bill to amend Code Section 40-6-390 of the Official Code of Georgia Anno tated, relating to reckless driving, so as to provide that a violation of the requirement to stop when meeting or overtaking a school bus shall be reck less driving.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, so as to provide that a violation of the requirement to stop when meeting or overtaking a school bus which results in the death of another shall be homicide by vehicle; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, is amended by striking said Code section in its entirety and insert ing in lieu thereof the following:
"40-6-393. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, or sub section (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years.
(b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
(c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, com mits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary."
4432
JOURNAL OF THE HOUSE,
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 Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty
Benefield Y Birdsong
Blitch Y Bordeaux
Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn
Chafin Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L
E Coker Coleman
Y Colwell Connell Culbreth
Y Cummings.B Cummings.M
Y Davis.D Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M
Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert 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 Lawson
YLee
Long YLord Y Lucas
YMann Y Martin
McBee Y McCoy
Y McKelvey McKinney.B McKinney,C
Y Meadows Y Merritt
Milam
Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Y Oliver.C Oliver.M
YOrr Orrock Padgett
Y Parham Parrish Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson
Y Sinkfield
Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S
Y Stanley 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
Walker.L Y Wall Y Watson
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 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Fennel of the 155th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 2015.
By Representatives Wilder of the 21st, Sherrill of the 47th, Ashe of the 25th, Klein of the 21st, Vaughan of the 20th and others:
A bill to amend Code Section 3-3-24.1 of the Official Code of Georgia Anno tated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alcoholic beverages, so as to change the population figures describing counties prohibiting the entry of minors onto the premises of certain businesses engaged in the retail sale of alcoholic beverages unless accompanied by the minor's parent or guardian.
TUESDAY, MARCH 31, 1992
4433
Representative Wilder of the 21st moved that the House insist on its position in dis agreeing to the Senate substitute to HB 2015 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 Dixon of the 151st, Wilder of the 21st and Powell of the 145th.
The following Bill of the House was taken up for the purpose of appointing a Second Committee of Conference thereon:
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.
Representative Abernathy of the 39th moved that the House dissolve the First Com mittee of Conference and appoint a Second Committee of Conference on HB 277 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 second Committee of Conference on the part of the House the following members:
Representatives Abernathy of the 39th, Groover of the 99th and Bostick of the 138th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 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.
Representative Herbert of the 76th moved that the House adhere to its position in substituting SB 155 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 has appointed as a Committee of Conference on the part of the House the following members:
Representatives Porter of the 119th, Herbert of the 76th and Kilgore of the 42nd.
The following Resolution of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
4434
JOURNAL OF THE HOUSE,
HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HR 715
The Committee of Conference on HR 715 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 715 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Arthur B. Edge, IV Senator, 28th District
/s/ Charlie Watts Representative, 41st District
/s/ Sonny Perdue Senator, 18th District
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ W. F. Harris Senator, 27th District
/s/ Thomas B. Buck Representative, 95th District
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that heavy-duty equip ment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles; to authorize the General Assembly to provide by general law for the ad valorem taxation of motor vehicles; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraphs (a) and (b) in their entirety and inserting in lieu thereof new subparagraphs (a) and (b) to read as follows:
"(a) All taxes shall be levied and collected under general laws and for public pur poses only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e), all taxa tion shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax.
(b) (1) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money.
(2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be pro vided for such properties:
(A) Meter vehicles, including trailers Trailers. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation.
TUESDAY, MARCH 31, 1992
4435
(C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. (3) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valo rem taxation of motor vehicles including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also deter mine what portion of any ad valorem tax on motor vehicles shall be retained by the state. As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled."
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 heavy-duty equipment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles and to authorize the General Assembly to provide by general law for the ad valorem taxation of motor vehicles?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Representative Watts of the 41st moved that the House adopt the report of the Com mittee of Conference on HR 715.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty
Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Clark.L E Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D 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 Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover E Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert 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 Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Oliver.C Y Oliver.M
Y Orr
Orrock
Y Padgett
Y Parham
Y Parrish
Patten
Y Pelote Y Perry
Y Pettit
Y Pinholster
Pinkston
YPoag
Y Porter
Poston
Y Powell.A
Y Powell.C
Y Presley
Y Purcell
Y Randall
Y Ray Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper
4436
JOURNAL OF THE HOUSE,
Y Smith.L Y Smith,? Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 152, nays 0. The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SB 703. By Senators Steinberg of the 42nd, Johnson of the 47th, Moye of the 34th and others:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Anno tated, relating to family violence, so as to provide for legislative findings; to create a State Commission on Family Violence; to provide for a comprehen sive state plan for ending family violence; to provide for membership of the commission; to provide for appointment, terms, vacancies, per diem, and expenses of the members; to provide for officers, meetings, quorum, powers, and duties of the commission.
The following Committee substitute was read:
A BILL
To amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for legislative findings; to create a State Commission on Family Violence; to provide for a comprehensive state plan for ending family violence; to provide for membership of the commission; to provide for appointment, terms, vacan cies, and expenses of the members; to provide for officers, meetings, quorum, powers, and duties of the commission; to provide for community task forces on family violence; to pro vide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by adding at the end of Article 2 a new article to read as follows:
"ARTICLE 3
19-13-30. (a) The General Assembly finds and declares that violence in Georgia homes among family members accounts for many serious injuries, deaths, and extensive physical and emotional damage to children and adults. Family violence knows no eco nomic or social barriers. The costs of family violence include misery and trauma for indi viduals and families and increased government spending for police services, criminal prosecutions, incarcerations, court personnel, foster care, public assistance, and juvenile corrections.
(b) The General Assembly has enacted comprehensive legislation addressing family violence, including provision for the issuance of temporary protective orders to protect individuals from violence. It has become evident that enforcement of these laws is incon sistent and an effective response to family violence will require a comprehensive commu nity effort as well as coordination among the courts, prosecutors, law enforcement
TUESDAY, MARCH 31, 1992
4437
agencies, the correctional system, and public assistance and other service providers. The creation of a state commission and local task forces to combat family violence was highly recommended by the Georgia Commission on Gender Bias in the Judicial System.
19-13-31. There is created a State Commission on Family Violence which shall be responsible for developing a comprehensive state plan for ending family violence. This plan shall include the initiation, coordination, and oversight of the implementation of family violence laws and the establishment in each judicial circuit of a Community Task Force on Family Violence. These task forces shall be supported by and work in collabo ration with the state commission.
19-13-32. (a) The State Commission on Family Violence shall consist of 36 mem
bers: (1) Three ex officio members shall be the director of the Division of Family and
Children Services, the director of Women's Health Services in the division of public health of the Department of Human Resources, and the Attorney General;
(2) Three members shall be members of the House of Representatives and shall be appointed by the Speaker of the House;
(3) Three members shall be members of the Senate and shall be appointed by the President of the Senate;
(4) The remaining members shall be appointed by the Governor as follows: (A) One judge from each judicial administrative district; (B) Three advocates for battered women recommended by groups which have
addressed the problem of family violence; and (C) One representative from each of the following: (i) The Administrative Office of the Courts; (ii) The Supreme Court; (iii) The Georgia Association of Chiefs of Police; (iv) The District Attorneys Association of Georgia; (v) The State Board of Pardons and Paroles; (vi) The probation system; (vii) The Georgia Sheriffs' Association; (viii) The Georgia Crime Victims Compensation Board; (ix) The Georgia Commission on Gender Bias in the Judicial System; (x) The legal aid community; (xi) The academic community; (xii) Men Stopping Violence; and (xiii) A former victim of domestic violence.
(b) The Governor, Speaker of the House, and President of the Senate shall appoint individuals who are specially qualified to serve on the commission by reason of their experience and knowledge of family violence issues.
(c) Members shall serve for a term of three years and no member may serve more than two consecutive terms. All vacancies shall be filled for the unexpired term by an appointee of the original appointing official.
(d) The commission shall elect a chairperson, vice chairperson, and a secretary from among its members for terms of two years, and any member shall be eligible for succes sive election to such office by the commission.
19-13-33. (a) The commission shall hold regular meetings at least once every calen dar quarter. Special meetings may be called by the chairperson or a majority of the members of the commission. The commission shall meet at such times and at such des ignated places in the state as it may determine.
(b) A quorum for transacting business shall be a majority of the members of the commission.
(c) The members of the commission may be reimbursed for expenses incurred while conducting the business of the commission from public or private grants, devises, or bequests received by the commission.
19-13-34. (a) The commission shall have the following duties:
(1) To study and evaluate the needs, priorities, programs, policies, and accessibility of services relating to family violence throughout the state;
4438
JOURNAL OF THE HOUSE,
(2) To evaluate and monitor the adequacy and effectiveness of existing family vio lence laws, including the response of the present civil and criminal legal systems;
(3) To initiate and coordinate the development of family violence legislation, as necessary;
(4) To monitor the implementation and enforcement of laws, regulations, and protocols concerning family violence;
(5) To make recommendations for education and training to ensure that all citi zens and service providers, including but not limited to members of the judiciary, law enforcement personnel, and prosecuting attorneys, are aware of needs relating to fam ily violence and of services available;
(6) To develop models for community task forces on family violence; (7) To provide training and continuing education on the dynamics of family vio lence to members of the commission where appropriate and necessary; and (8) To report annually to the General Assembly, (b) The commission shall have the following powers: (1) To write and disseminate reports and recommendations concerning family vio lence to the Governor, the General Assembly, and the community; (2) To accept public or private grants, devises, and bequests; (3) To enter into all contracts or agreements necessary or incidental to the per formance of its duties; and (4) To hold meetings and public hearings and to conduct studies, collect data, or take any other action the commission deems necessary to fulfill its responsibilities."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative King of the 72nd moves to amend the Committee substitute to SB 703 by striking line 11 of page 1 and inserting the following:
"provide for related matters; to provide for termination; to repeal conflicting laws; and".
By striking line 24 of page 5 and inserting the following:
"Assembly during its existence.".
By inserting between lines 4 and 5 of page 6 the following:
"Section 2. The commission shall be terminated upon the expiration of two complete terms of appointment for members of the commission appointed in accordance with Code Section 19-13-32."
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
The following amendment was read and lost:
Representative Mueller of the 126th moves to amend the Committee substitute to SB 703 as follows:
Pg. 3 line 11 change 3 to 1
Pg. 4 line 1 change 1 to 3.
The Committee substitute, as amended, was adopted.
TUESDAY, MARCH 31, 1992
4439
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 Ashe Y Atkins
Y Baker Y Balkcom Y Barfoot
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 Y Brooks Y Brown N Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E
Y Clark.L E Coker Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis,G N Davis.M Y Dixon.H
Dixon.S Y Dobbs
Dover Dunn Y Edwards Y Elliott Y Felton Fennel
Y Floyd.J.M Y Floyd,J.W Y Flynt N Godbee Y Golden Y Goodwin
Green Y Greene
Griffin Y Groover E Hamilton
Y Hammond Y Hanner
Harris.B Y Harris,J
Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones
Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long Lord Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam
Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Poston
Y Powell,A Powell.C
Y Presley Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre YSnow Y Stantil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert
Townsend Turnquest Twiggs Y Valenti Y Vaughan Y WalkerJ Walker.L Y Wall Y Watson Y Watts Y White Wilder Y Williams.B Y Williams.J Williams.R Y Yeargin Murphy ,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 133, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representatives Pettit of the 19th, Fennel of the 155th and Randall of the 101st 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 599. By Senators Walker of the 22nd, Hooks of the 14th and Albert of the 23rd:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Anno tated, relating to nurses, so as to comprehensively revise the law relative to the training, education, and licensure of practical nurses; to provide for a short title; to provide for definitions; to provide for the composition, terms, and qualifications of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for termination.
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend SB 599 by inserting on line 5 of page 18 between the words "position" and "and" the words "in a hospital or nursing home".
4440
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 Y Alford Y Ashe
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
Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L E Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Dover Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert 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 Lord Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B McKinney,C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody
Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Skipper
Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams.J
Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Pettit of the 19th and Fennel of the 155th 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 699. By Senator Ramsey of the 54th:
A bill to amend Code Section 48-9-38 of the Official Code of Georgia Anno tated, relating to the registration of motor carrier vehicles, so as to provide for the withholding of registration documents from those carriers who have outstanding tax, penalty, or fee obligations to the state.
The following substitute, offered by Representative Dover of the llth, Godbee of the 110th and Royal of the 144th, was read and adopted:
A BILL
To amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to delete certain provisions relating to refunds of state
TUESDAY, MARCH 31, 1992
4441
motor fuel taxes to certain employees of foreign governments; to change the definition of a motor vehicle with respect to such tax; to provide for the withholding of registration doc uments from those carriers who have certain outstanding tax, penalty, or fee obligations to the state; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, is amended by striking subsections (d) and (e) of Code Sec tion 48-9-10, relating to refunds of motor fuel taxes, and inserting in their place a new subsection (d) to read as follows:
"{d)--Every person wne is an employee of et foreign government which has- established t consuiflte tn tins stflte snflli i&e encities to ft refund of ftii of tne st/flic motor tuei tftxes paM en motor fad for official ser The person entitled to tne refund shall net be otherwise engaged m any private occupation tor gam m tnis state jvciunds paid arc suojcct to tne rules and regulations adopted by the commissioner. A41 applications for refunds snail DC tiled witn tne commissioner witnin TV montns trom tne date et purcnasc fn trie
{e} (d) Refunds claimed and paid pursuant to this Code section shall not bear inter est."
Section 2. Said chapter is further amended by striking paragraph (3) of Code Section 48-9-30, relating to definitions regarding the road tax on motor carriers, and inserting in its place a new paragraph (3) to read as follows:
"(3) 'Motor vehicle' means any passenger vehicle that has seats for more than 20 passengers in addition to the driver; and any read tractor, any truck tractor, and any trucK Having more tnan two axles wncn tne motor vcnicle is propelled oy motor tucl vehicle or combination of vehicles used, designed, or maintained for transportation of property and having two axles and a gross vehicle weight exceeding 26,000 pounds or having three or more axles regardless of weight. The term 'motor vehicle' does not mean:
\A"7 Any twO"&xie venicie not exceeding one find one~nftii tons designed tor tise ds a single writ which is occasionally used to tew a trailer net for ftet
{B} (A) School buses; {) (B) Vehicles operated by the state, any political subdivision of the state, or the United States; or {6} (C) Transit buses operated exclusively within this state."
Section 3. Said chapter is further amended by striking subsection (b) of Code Sec tion 48-9-38 of the Official Code of Georgia Annotated, relating to the registration of motor carrier vehicles, and inserting in lieu thereof the following:
"(b) Registration cards and identification markers shall be issued on an annual basis as of January 1 of each year and shall be valid until the next succeeding December 31. The commissioner, in his discretion, may authorize renewal of registration cards and identification markers without the necessity of issuing new cards and markers. All regis tration cards and identification markers issued by the commissioner shall remain the property of the state and may be recalled for any violation of this article or of the regu lations promulgated under this article. The commissioner shall not issue a registration card or an identification marker to any motor carrier who has outstanding motor carrier, motor fuel, sales, or income tax liabilities to or other penalties or fees owed to the Department of Transportation of this state unless the liabilities are being appealed as provided by law."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
4442
JOURNAL OF THE HOUSE,
Abernathy Y Adams Y Aiken Y Alford
Ashe 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 Brush Y Buck Y Buckner Byrd
Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
E Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
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 Y Flynt
Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton
Y Hammond Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert 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 YLane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord Lucas YMann Y Martin Y McBee 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 Y Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley 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 Watson Watts
Y White Y Wilder
Williams.B Y Williams.J
Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Fennel of the 155th 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 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.
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 Ashe Y Atkins Y Baker Y Balkcom
Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong N Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner
Byrd
Y Campbell Y Canty Y Carrell
Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
E Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
TUESDAY, MARCH 31, 1992
4443
Davis.D 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 Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert 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
Lucas Y Mann
Y Martin
McBee 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
Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Skipper
Y Smith.L Y Smith.P
Smith.T Y Smith, W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley 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
Walker.L Y Wall Y Watson Y Watts Y White
Y Wilder Williams.B
Y Williams.J Williams.R
Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 148, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Representative Fennel of the 155th 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 787. By Senator Edge of the 28th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to assistant district attorneys and their appointment, qualifi cations, and compensation, so as to change the definition of the term "LL.M. degree"; to provide an effective date.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys and their appointment, qualifications, and compensation, so as to change the definition of the term "LL.M. degree"; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys and their appointment, qualifications, and compensation, is amended by striking paragraph (3.1) in its entirety and inserting in lieu thereof a new par agraph (3.1) to read as follows:
"(3.1) 'LL.M. degree' means a master's in law awarded^ (A) By a law school recognized by the State Bar of Georgia from which a graduate
of or student enrolled therein is permitted to take the bar examination; or (B) By by a law school accredited by the American Bar Association and or the
Association of American Law Schools; m a fieW of study which has been approved by the Prosecuting Attorneys' Council ef Georgia.
4444
JOURNAL OF THE HOUSE,
provided, however, that the course of study in law schools described in subparagraph (A) of this paragraph shall at least be equivalent in terms of hours and subject matter as the course of study offered in law schools described in subparagraph (B) of this para graph, and the course of study offered in all law schools described in this paragraph shall have been approved by the Prosecuting Attorneys' Council of Georgia."
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 Y Alford Y Ashe 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
Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
E Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis,D 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 Y Flynt
Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Y Heard
Y Henson Y Herbert 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 Mann
Martin Y McBee 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
Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley 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 Y Stanley 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 Valenti
Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Williams.R
Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 148, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representatives Pettit of the 19th and Fennel of the 155th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SR 383. By Senators Foster of the 50th, Broun of the 46th, Tysinger of the 41st and others:
A resolution designating October, 1992, as "Georgia Quality Month".
TUESDAY, MARCH 31, 1992
4445
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 Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
E Coker
Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings.B Y Cummings.M
Davis.D Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Y Heard Y Henson
Y Herbert 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 Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann
Martin Y McBee 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 Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley 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 Y Stanley
Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti
Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Williams,R Y Yeargin
Murphy ,Spkr
On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
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.
The following Committee substitute was read:
A BILL
To amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision standards; to provide an exception; to provide that a person whose measured visual acuity does not meet estab lished criteria may be considered eligible for a driver's license if the person is qualified for a driver's license under certain provisions of law and if certain other conditions are sat isfied; to provide for rules and regulations; to repeal conflicting laws; and for other pur poses.
4446
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, no driver's license shall be issued to any person who does not have a visual acuity of 20/60, corrected or uncorrected, in at least one eye or better and a horizontal field of vision with both eyes open of at least 140 degrees or, in the event that one eye only has usable vision, horizontal field of vision must be at least 70 degrees temporally and 50 degrees nasally.
(2) A person whose visual acuity is less than 20/60 but better than 20/200 using spectacles, contact lenses, or the carrier portion of bioptic spectacles shall be consid ered eligible for a driver's license if the person is not otherwise disqualified from hav ing a driver's license under the provisions of this article and if:
(A) The person can attain a visual acuity of at least 20/60 through utilizing bioptic telescopes;
(B) The telescopes are prescribed by a licensed optometrist or ophthalmologist; (C) The person presents documentation of having satisfactorily completed train ing in the use of the bioptic telescope as certified by the prescribing doctor; (D) The person presents documentation of an on-the-road evaluation and having satisfactorily completed any recommended training in driving while using bioptic telescopes from a certified driver's license examiner; (E) The person completes a standard driver's education course while using the bioptic telescopes subsequent to completing evaluation or training with a driver's license examiner; and (F) The person presents said documentation to a department operated test site and passes a driver's test examination administered by the department. (3) A person who is licensed to drive using bioptic telescopes shall be subject to possible restrictions placed on his or her license as determined and recommended by the prescribing optometrist or ophthalmologist or the driver's license examiner. Any recommended restrictions shall be reported to the department in writing at the time the person presents himself or herself for a driver's test examination. Restrictions may include daylight driving only, outside rear-view mirrors, certain area and time restric tions, no interstate driving, yearly revaluations by an optometrist or ophthalmologist, and other such restrictions. Any restrictions shall be eligible for review and reconsider ation after one year by completing all of the steps described in subparagraphs (A) through (F) of paragraph (2) of this subsection, including completing any additional possible testing under special conditions, as determined by the optometrist or ophthalmologist. (4) The user of a bioptic telescope shall require renewal of his or her license bien nially. The person must be reevaluated at least biennially by an optometrist or ophthalmologist and must biennially pass the driver's road test examination adminis tered by the department. A certification by the optometrist or ophthalmologist that the user's visual acuity, visual field, and eye health remain stable shall be presented to the department at the time of the biennial road test examination. In the event that changes in vision are determined, the person's license shall expire and the person must successfully repeat all of the steps described in subparagraphs (A) through (F) of par agraph (2) of this subsection in order to have his or her license reinstated."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Snow of the 1st and Lane of the lllth move to amend SB 81 by striking in their entireties lines 1 through 3 of page 1 and inserting in lieu thereof the fol lowing:
TUESDAY, MARCH 31, 1992
4447
"To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the issuance of special reservist license plates to certain persons who are members of reserve units or the National Guard in an adjoining state; to provide for fees; to provide for conditions; to prohibit the issuance of a".
By striking in their entireties lines 14 through 17 of page 1 and inserting in lieu thereof the following:
"Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking Code Section 40-2-65, relating to special license plates for members of active reserve components of the United States, in its entirety and inserting in lieu thereof a new Code Section 40-2-65 to read as follows:
'40-2-65. (a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transporta tion. Motor vehicle owners who are members of any National Guard unit m a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for pri vate passenger cars or trucks used for personal transportation to identify such vehicle owner as a reservist. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as pre scribed in Article 2 of this chapter. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon pay ment of the regular license fee provided for in Code Section 48-10-2 and a manufac turing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the "United States military reserve." The major commanders of each active reserve component program shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant gen eral of each neighboring state shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of that state's National Guard unit who reside in Georgia.
(b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the "United States military reserve," such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of owner ship occurs, should the said reservist acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commis sioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancel lation fee of $1.00 for the transfer of any other reservist license plate.
(2) Should an active reservist who has been issued a free license plate be dis charged or otherwise separated from his reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's free license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate. Should an active reservist enlist or be commissioned after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has been
4448
JOURNAL OF THE HOUSE,
enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (c) The commissioner shall promulgate such rules and regulations as may be neces sary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the com missioner. The commissioner is specifically authorized to promulgate all rules and reg ulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable.' Section 2. Said title is further amended by inserting at the end of Code Section 40-5-27, relating to examination of applicants for drivers' licenses, the following:".
By redesignating Section 2 as Section 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 Ashe Y Atkins Y Baker
Balkcom
Y Barfoot Y Bargeron N Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove
Y Brooks Y Brown
Brush Y Buck
Y Buckner YByrd Y Campbell N Canty Y Carrell Y Carter
Y Cauthorn Y Chafin
Y Chambless Y Cheeks Y Chliilnders
Y Clark.E Clark.L
E Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.D 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
Y Flynt Y Godbee
Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond
Manner
Y Harris.B Yi Hrmarrriss,.uJ
Y Heard Y Henson Y Herbert Y Holland Y Holmes
Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong Y Lord Y Lucas Y Mann Y Martin
Y McBee
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Yi Mmuiluaimu
Y Mills Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock 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 Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson
Yi Soiinmkfuieilud
Y Skipper Y Smith.L Y Smith.P
Smith.T
Y Smith.W Y Smyre
Snow
Y Stancil.F Y Stancil.S Y Stanley Y 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 Watson Y Watts Y White Y Wilder Y Williams.B N Williams.J Y Williams.R Y Yeargin
Miiuirppihi^y,*,Sjfpj kr
On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 3.
TUESDAY, MARCH 31, 1992
4449
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representative Fennel of the 155th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representatives Ashe of the 25th and Carter of the 146th stated that they inadvert ently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, MARCH 31, 1992
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 31, 1992, by adding the following:
SB 17 Merit system; sick leave; utilization SB 322 Death investigation; autopsy & limited dissection; redefine
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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 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 who served in World War I, World War II, the Korean War, the Vietnam War, and Opera tion Desert Storm; to provide for procedures and qualifications for the issu ance of such license plates; to provide for fees.
The President has appointed on the part of the Senate the following:
Senators Broun of the 46th, Deal of the 49th and Hill of the 4th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
4450
JOURNAL OF THE HOUSE,
SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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 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 who served in World War I, World War II, the Korean War, the Vietnam War, and Opera tion Desert Storm; to provide for procedures and qualifications for the issu ance of such license plates; to provide for fees.
Representative Jackson of the 9th moved that the House adhere to its position in sub stituting SB 505 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 has appointed as a Committee of Conference on the part of the House the following members:
Representatives Jackson of the 9th, Walker of the 115th and Harris of the 84th.
Representative Thomas of the 69th moved that the House recede from its position in amending the following Bill of the Senate:
SB 644. By Senators Johnson of the 47th, Pollard of the 24th and Steinberg of the 42nd:
A bill to amend Code Section 15-11-28 of the Official Code of Georgia Anno tated, relating to conduct of juvenile hearings generally, so as to provide that a victim of certain offenses committed by a child may submit a victim impact statement to the juvenile court; to provide for the contents of such victim impact statement; to provide for the use of such victim impact state ment; to provide the child an opportunity to rebut the statement.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner
Y Byrd Y Campbell Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L
E Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings.B Cummings.M Davis.D Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt
Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard
Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D
Y Lane.R
Y Langford Y Lawrence Y Lawson
YLee YLong
Lord Y Lucas Y Mann
Martin Y McBee 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 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 Presley 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
TUESDAY, MARCH 31, 1992
4451
Snow Y Stancil.F Y Stancil.S Y Stanley 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
Valenti Y Vaughan
Y Walker.J Walker.L
Y Wall Y Watson
Watts Y White
Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 153, nays 0. The motion prevailed.
Representative Fennel of the 155th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and finan cial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 410
The Committee of Conference on SB 410 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 410 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ C. Donald Johnson Senator, 47th District
/s/ Larry Walker Representative, 115th District
/s/ Steve Thompson Senator, 33rd District
Terry L. Coleman Representative, 118th District
/s/ Wayne Garner Senator, 30th District
/s/ Jerry D. Jackson Representative, 9th District
A BILL
To amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions regarding financial affairs, so as to create the legisla tive fiscal oversight committee; to provide for selection of members; to provide for powers, duties, and authority of the committee; to provide for subpoena powers and meetings; to provide for allowances for the members; to require the submission of five-year strategic plans by budget units; to provide for the contents of such plans; to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for program reviews and evaluations; to provide for powers, duties, and authority of the state auditor; to provide for such reviews and evaluations by
4452
JOURNAL OF THE HOUSE,
private firms; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions regarding financial affairs, is amended by adding a new Code section at the end thereof, to be designated Code Section 28-5-5, to read as fol lows:
"28-5-5. (a) There is created the legislative fiscal oversight committee which shall be composed of five members of the House of Representatives appointed by the Speaker of the House of Representatives and five members of the Senate appointed by the Presi dent of the Senate. The members of such committee shall be selected within 30 days after each general election for members of the General Assembly and shall serve until their successors are appointed after each general election for members of the General Assembly.
(b) The members of such committee shall select by majority vote a chairperson and vice chairperson and such other officers as deemed necessary by such committee. Such committee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson.
(c) It shall be the duty of such committee to review and evaluate the strategic plans, accomplishments, and expenditures as enumerated in subsection (e) of this Code section and review and evaluate such other information or reports as deemed necessary by such committee. The head of each budget unit shall cooperate with such committee and pro vide such information or reports as requested by the committee for the performance of its functions.
(d) Such committee shall make an annual report of its findings to the Appropriations Committees of the House of Representatives and the Senate and the applicable standing committees relative to the programs which are reviewed.
(e) (1) Each budget unit of state government shall submit a five-year strategic plan to the legislative fiscal oversight committee by May 1 of each year for new programs to be implemented in the following fiscal year and for existing programs at such times as requested by the committee.
(2) Each plan shall contain a description of assessed needs, a list of planned improvements of programs or services designed to address the assessed needs, a fore cast of the costs of providing such services, a list of the goals for the programs or ser vices to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the committee may deem necessary. Each plan must include performance measures that provide methods and criteria to measure the per formance of each agency in conducting its activities and in achieving its goals.
(3) By September 1 of each year each state agency shall report, for all programs for which five-year strategic plans have been prepared and furnished to the commit tee, its progress toward meeting its established goals as measured by the performance measures included in the strategic plan. (f) The members of the committee shall receive the allowances authorized for legisla tive members of legislative committees. The funds necessary to pay such allowances for a committee member shall come from the funds appropriated either to the House of Representatives or Senate of which chamber that committee member is a member."
Section 2. Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, is amended by adding a new Code section immediately following Code Section 50-6-24, to be designated Code Section 50-6-24.1, to read as follows:
"50-6-24.1. It shall be the duty of the state auditor to perform program reviews and evaluations as requested by a majority vote of the legislative fiscal oversight committee. Such reviews and evaluations shall include any specific analysis requested by the legisla tive fiscal oversight committee and shall evaluate the performance of the agency against
TUESDAY, MARCH 31, 1992
4453
the performance measures established by the agency in its strategic plan and whether those performance measures provide effective criteria by which to measure the perform ance of the agency. Program reviews may be conducted by a private firm when it has been determined by a majority vote of the ten members of the legislative fiscal oversight committee, in consultation with the state auditor, that the review requires specialized external expertise. The private firm shall have access to the information necessary to conduct the program reviews described in this Code section. The cost of any such pri vate firm review shall be paid for with funds specifically appropriated for such purpose or with funds otherwise available to the legislative branch of government."
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 SB 410.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe 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
Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L E Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Greene Y Griffin Y Groover E Hamilton Y Hammond Y Manner Y Harris.B Y HarrisJ
Y Heard Henson
Y Herbert 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 YMann Y Martin
Y McBee 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 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 Presley 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
Snow Y Stancil.F Y Stancil.S
Y Stanley 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 Watson
Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 158, nays 0. The motion prevailed.
Representative Fennel of the 155th 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 Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
4454
JOURNAL OF THE HOUSE,
HB 1109.
By Representative Watson of the 114th:
A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to change the definition of the term "state minimum standard codes".
The following Senate amendment was read:
Amend HB 1109 by striking in their entirety lines 5, 6, and 7 on page 2, which read as follows:
"Officials One- and Two-Family Dwelling Code; with th exception ef Pftrt V--Plumbing (Chapters 20-26) ef said eed;",
and inserting in lieu thereof the following:
"Officials One- and Two-Family Dwelling Code, with the exception of Part V - Plumbing (Chapters 20-25) of said code;".
The following amendment was read and adopted:
Representatives Byrd of the 153rd and Coleman of the 118th move to amend the Sen ate amendment to HB 1109 by adding following line 11 of page 1 the following:
"By adding between lines 8 and 9 of page 1 the following:
'to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for exemptions from the licensing require ments for electrical contractors, plumbers, and conditioned air contractors;'
By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.
By adding between lines 27 and 28 of page 3 the following:
'Section 3. Said chapter is further amended by adding at the end of Code Section 43-14-8, relating to licenses required for electrical, plumbing, or conditioned air con tracting, a new subsection (m) to read as follows:
"(m) Notwithstanding subsections (a), (b), or (c) of this Code section, no person shall be required to obtain a license to engage in the electrical contracting business as an electrical contractor, in the business of plumbing as a master plumber or jour neyman plumber, or in the business of conditioned air contracting as a conditioned air contractor if such person performs or provides labor on new buildings, struc tures, plumbing, electrical wiring or equipment, or conditioned air equipment in an amount less than $500.00 per job or normal maintenance and repair on existing buildings, structures, plumbing, electrical wiring or equipment, or conditioned air e$q50u0ip.0m0e.'n""t. if the total labor cost for such maintenance or repair work is less than
Representative Watson of the 114th moved that the House agree to the Senate amendment, as amended by the House, to HB 1109.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford
Y Ashe 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
TUESDAY, MARCH 31, 1992
4455
Y Breedlove Y Brooks
Brown
Brush
Buck Y Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.L E Coker Y Coleman Y Colwell Y Connell N Culbreth Y Cummings.B
Cummings,M Y Davis.D
Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Banner Y Harris.B Y HarrisJ Y Heard
Henson Y Herbert 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 Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney,C N Meadows Y Merritt Y Milam Mills Y Mobley
Y Moody Y Morsberger N Moultrie
Y Mueller Y Oliver.C Y Oliver.M
YOrr 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 Presley Y Purcell
Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield N Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley 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
Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson
Y Watts Y White Y Wilder
Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the motion, the ayes were 150, nays 4. The motion prevailed.
Representative Mills of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 1846.
By Representatives Dobbs of the 74th, Hanner of the 131st, Lane of the lllth and Coleman of the 118th:
A bill to amend Code Section 43-51-3 of the Official Code of Georgia Anno tated, relating to the creation of the State Board of Examiners for Certifica tion of Water and Wastewater Treatment Plant Operators and Laboratory Analysts and related matters, so as to provide for an additional member of such board.
The following Senate amendment was read:
Amend HB 1846 by striking on line 4 of page 1 the following:
"change certain definitions; to".
By striking in their entireties lines 15 through 26 of page 1 and lines 1 through 3 of page 2 and inserting in lieu thereof the words "amended by".
By inserting at the end of line 10 of page 2 the following:
"that each industrial wastewater treatment or pretreatment facility, wastewater collec tion system, or distribution system shall be required to have only one responsible opera tor obtain such a certificate; and provided, further,".
By redesignating Section 3 as Section 2.
Representative Dobbs of the 74th moved that the House agree to the Senate amend ment to HB 1846.
4456
JOURNAL OF THE HOUSE,
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe 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 Brown
Y Brush Buck
Y Buckner Byrd
Y Campbell Y Canty Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L E Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Green
Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Banner Y Harris.B
Y Harris.J
Y Heard Y Henson Y Herbert 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 Y Lee YLong Y Lord Y Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam
On the motion, the ayes were 155, nays 0. The motion prevailed.
Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
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 Presley 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
Snow Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
Representative Mills of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 1847.
By Representatives Dobbs of the 74th, Colwell of the 4th, Breedlove of the 60th and Smith of the 78th:
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; to define an additional term; to provide that the provisions of said chapter shall apply to certain multifamily dwellings constructed for first occupancy after March 31, 1993.
The following Senate amendments were read:
SENATE AMENDMENT No. 1
Amend HB 1847 by striking lines 11 through 13 of page 4 and inserting in lieu thereof the following:
"required by federal law shall be fully effective."
TUESDAY, MARCH 31, 1992
4457
SENATE AMENDMENT No. 2
Amend HB 1847 by striking lines 12 through 13 of page 2 and inserting the following: "accessible or adaptable units in only 6 2 percent of the total rental apartments,".
By striking line 15 of page 2 and inserting the following:
"chapter shall apply to only 5 percent of the total". By striking line 17 of page 2 and inserting the following: "is greater; ] provided that this chapter shall". By striking line 20 of page 2 and inserting the following: "or to residential condominiums. Fifty percent of the fully accessible or adaptable rental apartment units required by this paragraph shall be adaptable for a roll-in shower stall."
Representative Dobbs of the 74th moved that the House agree to the Senate amend ments to HB 1847.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty
Y Benefield Y Birdsong
Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Buck Y Buckner
Byrd
Y Campbell Y Canty Y Carrell
Y Carter Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark,E
Y Clark.L E Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M
Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton
Y Hammond Y Hanner Y Harris.B
Y Harris.J
Y Heard Y Henson Y Herbert Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas YMann Y Martin
McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam
On the motion, the ayes were 156, nays 0. The motion prevailed.
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley 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
Stancil.F
Y Stancil.S Y Stanley 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 Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R
Y Yeargin Murphy.Spkr
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
4458
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:
HB 2143. By Representative Morsberger of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
The following Bills of the House and Senate were taken up for the purpose of consid ering the reports of the Committee of Conference thereon:
SB 489. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to implied consent; to provide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibi tion against driving under the influence of alcohol.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 489
The Committee of Conference on SB 489 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 489 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Harrill L. Dawkins Senator, 45th District
M Bobby E. Parham Representative, 105th District
/s/ Mark Taylor Senator, 12th District
/s/ DuBose Porter Representative, 119th District
/s/ Pete Robinson Senator, 16th District
/s/ Denmark Groover, Jr. Representative, 99th District
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, so as to revise the requirements and procedures relative to implied consent; to pro vide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibition against driving under the influence of alcohol; to change the period of suspension for refusal of a test for determining whether a driver is under the influence of alcohol; to provide for periods of suspension or disqualification; to provide for an exception; to provide for temporary driving permits and limited driving permits; to pro vide for procedures; to provide for notice; to provide for administrative and judicial review; to change certain reinstatement procedures and requirements; to clarify the nature and applicability of certain driver improvement programs; to provide for editorial revision; to
TUESDAY, MARCH 31, 1992
4459
amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct incorrect references to Title 40; to provide for related matters; provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, is amended by striking Code Section 40-5-55, relating to implied consent to chemical tests, in its entirety and inserting in lieu thereof a new Code Section 40-5-55 to read as follows:
"40-5-55. (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 alco hol concentration of 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 pre scription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, er urine2 or other bodily substances; for the purpose of determining the alcoholic er drug content ef his blood presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatali ties. 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 seri ous injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforce ment officer shall designate which of the aforesaid test or tests shall be administered, provided that both a blood ad urine test with drug screen shall be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious inju ries or fatalities.
(b) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392.
officer, te submit te a chemical test designated by the law enforcement officer as provided tft suDscction \ftj of tnis oode section^ no test sno.li DC jjjivdi} Dut tne depsrtmentj upon tne receipt of d sworn report of trie Iflw enforcement oiiicer tnst fee1 nftt pessonflblc {^pounds to believe tne srrested person n&d been driving OP w&s Hft flctufll pnysicfti control ef a moving motor vehicle upon the highways er elsewhere throughout this state t viola-
ttiis stflte find WQS involved1 IR ft trfliiic Accident wnicn resulted tft serious injuries or ffttfti111cs tnd tiiftt tne person nsd refused %o submit to tne test upon tne FCQuest of tne
notify tne person tnflt n.is license is to ise suspended? subject to review fts provided top
transmitted te the department within te days after the date ef the arrest ef- such perand the period e suspension shall begin te m e}y after H administrative hearund flppcflis nsvc been exn&usted. ./vny report of fl i&w enforcement officer wnicn
4460
JOURNAL OF THE HOUSE,
has been transmitted te er received by the department more than ten days after the arrest shall be filed by the department for reeerd- purposes only, and- no action shall be taken by the department. As uacd in this subsection, the term 'transmitted' shall mean deposited with the United States Postal Service, and a report under this subocction shall "Oe deemed to nflve Deen trflnsmittcd witnm tne ten ~d fly period tt tt ~ts postmflrKed on
\d/--i ne person so no*tiled nifty rccjuest ft neftFin^ witnm ten dflys irom trie dfite or receipt of notice sent by certified mail. Within 30 days after receiving a written request lor 8 neflringj tnc dcpftrtiwent sndii noid ft neftPin^ ss 19 provided tR onsptep TO of 1 itie 0; the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustflin its ordeP of suspension of rescind sucn order. IT no neftpin^ ts reQuestcd witrttn tne ten dciys specified floovej tne rignt/ to & rieftpin^ snsii nflve oeen wsivcd snd tfte1 license ef the driver shall be suspended.
of tne deportment s iin&l decision, ds provided IOP tn Onftpter TO or l itle oO} the Oeor^ifl Admin19trQtive c rocedure /\ct 5 wtnie sucn Q.ppco.1 ts pefldin^, t'tie order of tne depsrt"
(f)--Subject te the limitations ef this subsection, any tew enforcement officer whe flttends s neflpin^ provided IOP oy suDsection \Q) of tfiis x^ode section IOP tne purpose
smount of i\rAy\) for eflcft dfty s sttendonce ftt sucn nedPin^v itt tne event ft idw enforcement otiicer ^ivcs tes11mony ftt two OP HIOPC diiierent ne&Pin^s on tne sftme dfly, sucn
vidcd for m this subsection shaH net be paid te ay iaw enforcement officer whe is B regular duty er whe is en a lunch er other break from regular duty at the time the effi-
be paM te the law enforcement officer by the department from department funds at sucn time snd tn sucn mflnner &s tne oOflpd OT ruoiic ofliety snstii provide Dy pules of
a law enforcement officer's qualifying te receive the payment authorized by this subscctie by requiring the completion ef- an appropriate document in substantially the follow-
IMPLIED CONSENT HEARING ATTENDANCE RECORD
Q-4-~4- n
DATE: ------------------------------
VTT} (~*riAft
--------------------------ArMr PvMr
hearing as a witness er complainant en the date and time shown above.
HEARJNQ OKHGER;
TITLE:
I certify that I
at the implied consent hearing described above en the date
snd time snown ft Dove ftfid tn&t i wfls not. on rcguisr duty 8t tne time "
Pi^nftture of APPROVED FOR PAYMENT:
Comptroller"
Section 2. Said title is further amended by striking Code Section 40-5-63, relating to periods of suspension and conditions of return of a license, in its entirety and inserting in lieu thereof a new Code Section 40-5-63 to read as follows:
"40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391^ unless the driver's license
TUESDAY, MARCH 31, 1992
4461
has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(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 sus pension 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $86.00 or $26.00 $210.00 or $200.00 when such reinstate ment is processed by mai!2 provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be rein
stated if such person submits proof of completion of either a defensive driving pro gram approved by the Department of Public Safety or a DUI Alcohol or Drug Use
Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction
of a violation of Code Section 40-6-391 shall not become valid and shall remain sus pended until such person submits proof of completion of a DUI Alcohol or Drug Use
Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of
nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes
of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a
charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo
contendere accepted to the date of the current arrest for which a plea of nolo contend ere is accepted, shall not be considered a conviction; however, the court having juris diction 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 dis position 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 rein
stated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a res toration fee of $36.00 er $26.00 $210.00 or $200.00 when processed by mail, provided
that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of
completion of either a defensive driving program approved by the Department of Pub lic Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For pur
poses of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year
period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of
previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is
accepted, shall be considered and counted as convictions; or (3) Upon the third conviction of any such offense within five years, as measured
from the dates of previous arrests for which convictions were obtained to the date of
4462
JOURNAL OF THE HOUSE,
the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions. \T&7--/Vny suspension made pursuant to oode section 4U"0"oo snail DC tor six months}
4-pq t r\f tAqto nirAviHpH \n f!nHp fiAction .d.0 fy-fyfy hivt wtiri within 1 ,RQ flflyq nf thp r\ ntp ftf
deleted upon trie acceptance of SUCH pica find receipt Dy trie uepartment of ruuiic Safety of R authorization from the prosecutor or^ where there ts fto prosecutor, from
tests provided for m Code Section 40-6-66 has been charged with homicide fey a vehicle
as provided m todc bection 4O~0"oy4> the period of tne suspension snail oe for T&
(e) (b) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violat ing Code Section 40-6-391.
{d} (c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay tt the applicable restoration fee ef- $36.00 ef $26.00 when such rcinstate-
{e} (d) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving per mit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction."
Section 3. Said title is further amended by striking Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new Code Section 40-5-64 to read as follows:
"40-5-64. (a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with subsection (d) of Code Section 40-5-57 or paragraph (1) of subsection (a) of Code Section 40-5-63, provided that such person has not had his driver's license suspended under Code Section 40-5-68.
(b) Application form. Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such informa tion as is necessary for the department to determine the need for such permit. All appli cations shall be signed by the applicant before a person authorized to administer oaths.
(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
TUESDAY, MARCH 31, 1992
4463
(1) Going to his place of employment or performing the normal duties of his occu pation;
(2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver's license or by the commissioner.
(d) Conditions attached. A limited driving permit shall be endorsed with such condi tions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
(1) Specific places between which the permittee may be allowed to operate a motor vehicle;
(2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; and
(5) Such other restrictions as the department may require. (e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year fol lowing the effective date of suspension of the applicant's driver's license, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's
license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit, immediately following such conviction. Upon the applicant's
execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges inconsist ent with the driving privileges to be conferred by the limited driving permit applied for,
the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately
following such conviction may apply to the department for a permit. Upon the appli cant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit
to that effect, the department may issue such person a limited driving permit. (f) Liability of issuing officer. No official or employee of the department shall be
criminally or civilly liable or subject to being held in contempt of court for issuing a lim ited driving permit in reliance on the truth of the affidavits required by this Code sec
tion. (g) Revocation of permit. (1) Any permittee who is convicted of violating any
state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit
revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to
the department within ten days after the conviction, with a copy of the conviction. (2) Any person whose limited driving permit has been revoked shall not be eligible
to apply for a driver's license until six months from the date such permit was surren dered to the department. The department may impose an additional period of suspen
sion for the conviction upon which revocation of the permit was based, (h) Hearings. Any person whose permit has been revoked, or who has been refused
a permit by the department, may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days
after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing
shall be in accordance with said chapter. (i) Rules and regulations. The board may promulgate such rules and regulations as
are necessary to implement this Code section.
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JOURNAL OF THE HOUSE,
(j) Penalty. Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-5-66, relating to appeals from the department, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection {e} (h) of Code Section 40-6-66 40-5-67.1 and subsection (h) of Code Section 40-5-64, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his resi dence or in the Superior Court of Fulton County. Such appeal shall name the commis sioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance."
Section 5. Said title is further amended by striking Code Section 40-5-67, relating to seizure and disposition of the driver's license of a person charged with driving under the influence, in its entirety and inserting in lieu thereof a new Code Section 40-5-67 to read as follows:
"40-5-67. (a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uni form traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforce ment officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(b) At the time the law enforcement officer takes the driver's license, he shall issue a temporary driving permit to the person; as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 20 day temporary driving permit;
(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 20 day temporary driving permit;
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Sec tion 40-5-67.1, or if the review of the driver's prior driving record indicates that the driver's license has not been suspended within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest, the officer shall issue a 180 day temporary driving permit. This temporary driving permit shall be valid until the expiration ef 189 days, for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed. (c) (1) If the person is convicted of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to sub section (b) of this Code section.
(2) If the person is not convicted of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person^ unless WIG person rciiisca TO sutvrifiix to ft Diood flicotioi test tts rGQUipftu uy
TUESDAY, MARCH 31, 1992
4465
shall be forwarded te the Department of Public Safety fer disposition accordance
which was held i accordance with subsection {d) ef Code Section 40-6-65 unless the license is in suspension for any other offense, in which case the court shall forward the license to the Department of Public Safety for disposition."
Section 6. Said title is further amended by adding new Code Sections 40-5-67.1 and 40-5-67.2 to read as follows:
"40-5-67.1. (a) The test or tests required under Code Section 40-5-55 shall be administered as soon as possible at the request of a law enforcement officer having rea sonable 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 and the officer has arrested such person for a vio lation of Code Section 40-6-391, any federal law in conformity with Code Section 40-6-391, or any local ordinance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test shall be administered, provided that the officer shall require a breath test or a blood test and may require a urine test.
(b) At the time a chemical test or tests are requested, the person shall be informed by the arresting officer that:
(1) Georgia law requires the person to submit to a test to determine if the person is under the influence of alcohol or other drugs;
(2) If the testing is refused, the person's driver's license or right to drive will be suspended for a period of one year or, if the person is under age 18, for a period of one year or until the age of 18, whichever is greater, or, if the vehicle is a commercial vehicle, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(3) If a test is performed and the results indicate a blood alcohol concentration of 0.10 grams or more, the driver's license or right to drive may be suspended for a mini mum period of one year or, for a person under the age of 18, a blood alcohol concen tration of 0.06 grams or more, the person's driver's license or right to drive will be suspended for a minimum period of one year or until the age of 18, whichever is greater, and if the vehicle was a commercial motor vehicle and the test results indicate the presence of any alcohol, the person will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours, and if the results indicate a blood alcohol concentration of 0.04 grams or more, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(4) After submitting to the required testing, the person shall be entitled to obtain an additional test or tests at the expense of such person; and
(5) The refusal to submit to a test may be offered into evidence against the person at trial. Failure to provide any notice required under this subsection shall not invalidate the sus pension pursuant to this Code section of any driver's license. (c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results and a review of the driver's prior driving record indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department, such review of the driver's record shall be completed at the time of such arrest or accident or within the ten-day period prior to submission of the sworn report to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test
4466
JOURNAL OF THE HOUSE,
results indicate either a blood alcohol concentration of 0.10 grams or more or, for a per son under the age of 18, a blood alcohol concentration of 0.06 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. A person's license shall not be administratively suspended for the first time pursuant to the immediately preceding sentence unless, in addition to any other require ment for that suspension, that person's license has previously been administratively sus pended or the person has been convicted of or had a plea of nolo contendere accepted within the previous five years, as measured from the dates of prvious arrests for which a suspension was obtained to the date of the current arrest, to a charge of violating any provision of this chapter for which any test may be required under Code Section 40-5-55. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving com mercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehi cle for a minimum period of one year.
(d) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as pro vided in subsection (a) of this Code section, no test shall be given; but the law enforce ment officer shall report the refusal to the Department of Public Safety. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in viola tion of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, the department shall suspend the person's driver's license, per mit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the person's driver's license, permit, or nonresident operating privilege, subject to review as provided for in this chapter.
(e) If the person is a resident without a driver's license, commercial driver's license, or permit to operate a motor vehicle in this state, the department shall deny issuance of a license or permit to such person for the same period provided in subsection (c) or (d) of this Code section, whichever is applicable, for suspension of a license or permit or disqualification to operate a commercial motor vehicle subject to review as provided for in this chapter.
(f) (1) The law enforcement officer, acting on behalf of the department, shall per sonally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test and review of the driver's prior driving record indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspen sion pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 20 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any per son issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the Department of Public Safety
from accepting such report and utilizing it in the suspension of a driver's license as
provided in this Code section.
TUESDAY, MARCH 31, 1992
4467
(2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's driver's license, permit, or nonresident operating privilege or disqualify such person from operating a motor vehicle and, by regular mail, at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualifica tion, and the right to review. The notice shall be deemed received three days after mailing.
(g) (1) A person whose driver's license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code Section shall request, in writing, a hearing within five calendar days from the date of personal notice or receipt of notice sent by certified mail, return reciept requested or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded.
(2) The scope of the hearing shall be limited to the following issues: (A) Whether the law enforcement officer had reasonable grounds to believe the
person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or
(B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
(C) Whether at the time of the request for the test or tests the officer informed
the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and
(D) Whether the person refused the test; or
(E) Whether a test or tests was administered and the results indicated a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more or, for a person operating or
having actual physical control of a commercial motor vehicle, a blood alcohol con centration of 0.04 grams or more; and
(F) Whether the test or tests were properly administered by an individual pos sessing a valid permit issued by the Division of Forensic Sciences of the Georgia
Bureau of Investigation on a machine approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences. A copy of the operator's
permit showing that the operator has been trained on the particular type of machine used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualification. If no hearing is requested within the five calendar days specified
above, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driver's license.
(h) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act'; while such appeal is pending, the order of the depart ment shall not be stayed.
(i) Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by subsection (i) of this Code section for the purpose of
giving testimony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day's attendance at such hearing. In the event a law enforce ment officer gives testimony at two or more different hearings on the same day, such
officer shall receive only $20.00 for attendance at all hearings. The compensation pro vided for in this subsection shall not be paid to any law enforcement officer who is on
regular duty or who is on a lunch or other break from regular duty at the time the offi cer attends any such hearing. The compensation provided for by this subsection shall
4468
JOURNAL OF THE HOUSE,
be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety shall provide by rules or regulations of said board. The Board of Public Safety shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsec tion by requiring the completion of an appropriate document in substantially the follow ing form:
IMPLIED CONSENT HEARING ATTENDANCE RECORD
OFFICER:
S.S. No.
ADDRESS:
Street City State ZIP Code
DATE: ________________________ TIME: _________________ A.M. P.M.
CASE: ________________________________________________ This is to certify that the police officer named above attended an implied consent
hearing as a witness or complainant on the date and time shown above. HEARING OFFICER: _______________________ TITLE: ____________
I certify that I appeared at the implied consent hearing described above on the date and time shown above and that I was not on regular duty at the time of attending the hearing and that I have not received and will not receive compensation from my regular employer for attending the hearing.
Signature of officer: _____________________________ APPROVED FOR PAYMENT: ____________________
Comptroller.
40-5-67.2. (a) Any driver's license required to be suspended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspen sion is obtained, the period of suspension shall be for three years. One hundred and twenty days following the expiration of the 20 day temporary driving permit, the per son 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of comple tion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Depart ment of Human Resources and pays the prescribed restoration fee.
(2) Upon the second or subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspen sion is obtained, the period of suspension shall be for five years. The driver may apply for a probationary license pursuant to Code Section 40-5-58 after the expiration of two years from the expiration of the 20 day temporary permit. (b) An administrative license suspension pursuant to Code Section 40-5-67.1 shall run concurrently with any revocation of such driver's license pursuant to a subsequent determination that such person is a habitual violator. (c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's dis cretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee of $210.00 or $200.00 when processed by mail."
Section 7. Said title is further amended by striking Code Section 40-5-68, relating to suspension of a driver's license by operation of law for failure to complete the required
TUESDAY, MARCH 31, 1992
4469
program, in its entirety and inserting in lieu thereof a new Code Section 40-5-68 to read as follows:
"40-5-68. (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 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a resto ration fee of $86.00 er $26.00 $210.00 or $200.00 when such reinstatement is processed by mail.
(b) Any person whose driver's license has been suspended by operation of law as pro vided in subsection (a) of this Code section shall immediately return such license to the department. It shall be unlawful for any person to operate any motor vehicle in this state after such person's driver's license has been suspended under this Code section, if such person has not thereafter obtained a valid driver's license."
Section 8. Said title is further amended by striking Code Section 40-5-69, relating to circumstances not affecting suspensions by operation of law, in its entirety and inserting in lieu thereof a new Code Section 40-5-69 to read as follows:
"40-5-69. If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63; 40-5-67.1, 40-5-67.2, or Gede Section 40-5-68, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspen sion."
Section 9. Said title is further amended by striking Code Section 40-5-81, relating to the optional nature of certain driver improvement programs, in its entirety and insert ing in lieu thereof a new Code Section 40-5-81 to read as follows:
4(J"5~oX. \&) 1 ins srticle ts intended to provide sn tidditionfli metnod lor trie restoTM
revoKed pursusnt to tne isws of tnis stftte. Accep18nce of trie provisions of tnis srticie
compelled te participate in the driver improvement program established under this arti cle: This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with this article shall be t alternative method by which a driver mfly nflve nis ficense i*^stored filter rt fifls oeefi suspended OF revoKed Toy tfte deportment &nd snd.ll T&C m ftCKlition to tfte metnods provided tor tne restoration of ft
(b) Whenever any person is authorized or required to attend a driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improve ment clinic or program DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, pro bation officer, law enforcement officer, or other officer or employee of a court from fur nishing any person, upon request, the names of certified driver improvement clinics or programs DUI Alcohol or Drug Use Risk Reduction Programs."
4470
JOURNAL OF THE HOUSE,
Section 10. Said title is further amended by striking Code Section 40-5-85 which reads as follows:
"40-5-85. (a) The license of any person whose license is suspended for the first time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63 or 40-5-68.
(b) The license of any person whose license is suspended for the second time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63.", in its entirety and inserting in lieu thereof the following:
"40-5-85. Repealed."
Section 11. Said title is further amended by striking Code Section 40-5-153, relating to implied consent to a chemical test, in its entirety and inserting in lieu thereof a new Code Section 40-5-153 to read as follows:
"40-5-153. (a) Any person who drives a commercial motor vehicle anywhere in the state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration or the presence of other drugs.
(b) A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having any measurable alcohol in his or her system.
(c) A person requested to submit to a test as provided in subsection (a) of this Code section must be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person's being disqualified from operating a com mercial motor vehicle for one year under Code Section 40-5-151 and from operating a private motor vehicle as provided in Code Section 40-6-66 40-5-67.1.
(d) If the person refuses testing, the law enforcement officer must submit an affida vit to the Department of Public Safety within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the per son refused to submit to testing.
(e) Upon receipt of the affidavit submitted by a law enforcement officer under sub section (d) of this Code section, the Department of Public Safety must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-6-66 40-5-67.1. If the driver is in pos session of a driver's license, the officer shall take possession of the license and attach it to the affidavit."
Section 12. Said title is further amended by striking Code Section 40-6-391.1, relat ing to entry of a plea of nolo contendere, in its entirety and inserting in lieu thereof a new Code Section 40-6-391.1 to read as follows:
"40-6-391.1. (a) The decision to accept a plea of nolo contendere to a charge of vio lating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed.
(b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsec tion (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met:
(1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of jus tice; and
TUESDAY, MARCH 31, 1992
4471
(2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his reasons for accepting the plea of nolo contendere. (d) If a plea of nolo contendere is accepted as provided in subsection (b) cf this Code section, the judge shall, as a part of the disposition of the case, order the defend ant to attend and complete a 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 an approved DUI Alco hol or Drug Use Risk Reduction Program. The court shall, at the time of surrender of the driver's license to it, issue a temporary driving permit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of a an approved DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his 120 day driving permit shall be invalid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program. (e) The record of the disposition of the case, including the ruling required in subsec tion (c) of this Code section, shall be forwarded to the Department of Public Safety as required in subsection {} ef- Code Section 40-6-67 within ten days after disposition. (f) If a plea of nolo contendere is accepted under the conditions set forth in subsec tion (b) of this Code section and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, the court shall, subject to subsection (d) of this Code section, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety as provided in subsection {) (b) of this Code Section 40-6-6?."
Section 13. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-6-392, relating to chemical tests for alcohol in blood, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) When a person shall undergo a chemical test at the request of a law enforce ment officer under Code Section 40-6-66, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limita tion shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal lia bility as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;".
Section 14. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organizations, is amended by striking subsection (c) of Code Section 33-9-43, relating to insurance premium reduc tions for named drivers under 25 years of age, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An insurer shall not be required to offer the premium reduction provided in subsection (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has:
(1) Been involved in any motor vehicle accident in which that person has been determined to have been at fault;
(2) Been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses:
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JOURNAL OF THE HOUSE,
(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 (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-6-66 40-5-67.1 and that suspension has not been reversed, if appealed from."
Section 15. Reserved.
Section 16. This Act shall become effective on January 1, 1993.
Section 17. All laws and parts of laws in conflict with this Act are repealed.
Representative Porter of the 119th moved that the House adopt the report of the Committee of Conference on SB 489.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe 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 Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L E Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover E Hamilton Y Hammond Y Hanner Y Harris.B Y HarrisJ
Y Heard Y Henson Y Herbert 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 YMann Y Martin Y McBee 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 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
Poston Y Powell.A Y Powell.C
Y Presley 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 N Snow Y Stancil.F
Y Stancil.S Y Stanley
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
Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr
On the motion, the ayes were 164, nays 2. The motion prevailed.
Representative Mills of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 1812. By Representatives Groover of the 99th, Kilgore of the 42nd, Walker of the 115th, Irwin of the 57th, Sinkfield of the 37th and others:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for personnel of local school systems.
TUESDAY, MARCH 31, 1992
4473
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1812
The Committee of Conference on HB 1812 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1812 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Sallie Newbill Senator, 56th District
/s/ Suzi Herbert Representative, 76th District
/s/ Richard 0. Marable Senator, 52nd District
/s/ Denmark Groover, Jr. Representative, 99th District
A BILL
To amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to teachers and other school personnel, so as to provide for legislative intent; to provide for definitions; to provide for appeals; to provide for complaints; to pro vide for minimum requirements; to provide for complaint policies; to provide for applica bility; 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 17 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to teachers and other school personnel, is amended by adding immediately following Part 10 a new Part 11 to read as follows:
"Part 11
20-2-989.5. (a) It is the intent of this part to resolve problems at the lowest possible organizational level with a minimum of conflict and formal proceedings so that good morale may be maintained, effective job performance may be enhanced, and the citizens of the community may be better served. These procedures require local units of adminis tration to implement a simple, expeditious, and fair process for resolving problems at the lowest administrative level.
(b) It shall be the duty of all local units of administration to adopt a complaints pol icy for certified personnel that shall contain the definitions and standards provided in this part.
20-2-989.6. As used in this part, the term: (1) 'Administrator' means the individual at each level designated by the local unit
of administration to preside over and make decisions with respect to complaints. (2) 'Central office administrator' means the local school system superintendent or
the director of a Regional Education Service Agency (RESA). (3) 'Complaint' means any claim by a certified employee of any local unit of
administration who is affected in his or her employment relationship by an alleged violation, misinterpretation, or misapplication of statutes, policies, rules, regulations, or written agreements of the local unit of administration with which the local unit of administration is required to comply.
(4) 'Local unit of administration' means the local board of education or the local board of control of a RESA.
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JOURNAL OF THE HOUSE,
20-2-989.7. (a) The performance ratings contained in personnel evaluations and pro fessional development plans pursuant to Code Section 20-2-210 and job performance shall not be subject to complaint under the provisions of this part. The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940, and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-790, shall not be subject to complaint under the provisions of this part.
(b) A certified employee who chooses to appeal under Code Section 20-2-1160 shall be barred from pursuing the same complaint under this part.
20-2-989.8. Local units of administration shall establish a complaint policy that shall include the following:
(1) A statement that a complaint by the certified employee at the initial level shall be in writing and shall clearly state the intent of the employee to access the com plaints policy. All certified employees shall request in writing successive levels of review;
(2) A method and time frame for filing complaints and appeals, including succes sive levels of appeal from the complainant's immediate supervisor to the central office
administrator to the local unit of administration, provided that the complainant shall be entitled to file a complaint within ten days from the most recent incident upon which the complaint is based, and provided that the complainant shall have a mini mum of ten days to file an appeal at any level up to and including the local unit of
administration, and provided that the total time frame shall not exceed 60 days from the initiation of the complaint until notification to the complainant of the decision
rendered by the local unit of administration; (3) A statement setting forth the manner in which notice of the initial hearing and
appeals shall be given; (4) A statement that the complainant shall be entitled to an opportunity to be
heard, to present relevant evidence, and to examine witnesses at each level; (5) A provision whereby the complainant is entitled to the presence of an individ
ual of his or her choice to assist in the presentation of the complaint to the central office administrator and at the local unit of administration level. The policy shall also include a provision whereby the presence of any individual other than the complainant
and the administrator at any lower level is specifically prohibited. At the local unit of administration level nothing shall prevent the local unit from having an attorney present to serve as the law officer who shall rule on issues of law and who shall not
participate in the presentation of the case for the administrator or the complainant; (6) Provisions for keeping an accurate record of the proceedings at each level,
requiring the proceedings to be recorded by mechanical means, preserving all evidence,
and requiring that these be made available at all times to the parties involved but which provisions do not permit the presence of a third person at any level below the
central office administrator or local unit of administration level; (7) A statement that the complainant cannot present additional evidence at each
level of the complaint process unless it is submitted in writing by the complainant five days prior to the set date for the Level II and Level III hearing to the administrator
presiding over the complaint. The board of the local unit of administration, when hearing an appeal from a prior complaint level, shall hear the complaint de novo;
(8) A statement that each decision be made in writing and dated. Each decision shall contain findings of fact and reasons for the particular resolution reached. The
decision reached at each complaint level shall be sent to the complainant by certified mail or hand delivered by a person designated by the central office administrator
within 20 days of the decision; (9) A statement that any complaint not processed by the administrator or the local
unit of administration within the time frames required by the local complaint proce dure and this part shall be forwarded to the next level of the complaint procedure;
(10) A provision that all costs and fees shall be borne by the party incurring them unless otherwise agreed upon by the parties involved, except that the cost of preparing
and preserving the record of the proceedings shall be borne by the local board of edu cation; and
TUESDAY, MARCH 31, 1992
4475
(11) A statement that a complainant shall not be the subject of any reprisal as a result of filing a complaint under this part. Should any reprisal occur, the complainant may refer the matter to the Professional Practices Commission. 20-2-989.9. Nothing in this part shall be construed to prevent a local unit of adminis tration from adopting supplemental rules and policies not inconsistent with this part that grant additional substantive and procedural rights to the complainant with respect
to this part. 20-2-989.10. Nothing in this part shall be construed to permit or foster collective bar
gaining as part of the state rules or local unit of administration policies. 20-2-989.11. Appeals from the decision of the local unit of administration to the
Georgia Board of Education shall be governed by state board policy and Code Section 20-2-1160."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Groover of the 99th moved that the House adopt the report of the Committee of Conference on HB 1812.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom
Barfoot N Bargeron
Y Barnett.B Barnett.M
N Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove
Y Brooks Y Brown N Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell N Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L E Coker Y Coleman N Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Fennel N Floyd,J.M Floyd,J.W Y Flynt N Godbee Y Golden Y Goodwin Green Greene N Griffin Y Groover E Hamilton Y Hammond Y Manner N Harris.B Y Harris.J
N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore YKing N Kingston Y Klein NLadd Y Lane.D Y Lane.R
Langford N Lawrence Y Lawson YLee YLong YLord Y Lucas NMann Y Martin Y McBee
McCoy Y McKelvey
McKinney,B McKinney.C N Meadows Y Merritt Y Milam
On the motion, the ayes were 126, nays 25. The motion prevailed.
Y Mills
Y Mobley Y Moody
Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit N Pinholster Y Pinkston NPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley
N Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Y Smyre YSnow Y Stancil.F N Stancil.S
Y Stanley Streat 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
Walker.L Y Wall Y Watson
Y Watts White
N Wilder Y Williams.B Y Williams.J N Williams.R Y Yeargin
Murphy.Spkr
Representative Ladd of the 44th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.
4476
JOURNAL OF THE HOUSE,
HB 1519.
By Representatives Oliver of the 53rd, Baker of the 51st and Porter of the 119th:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that if the Department of Human Resources is the petitioner, then no guard ian ad litem need be appointed; to provide for admissibility of blood tests.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1519
The Committee of Conference on HB 1519 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1519 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
Is/ 3. Nathan Deal Senator, 49th District
is/ Mary Margaret Oliver Representative, 53rd District
/a/ Quillian Baldwin, Jr. Senator, 29th District
/s/ Tommy Chambless Representative, 133rd District
/s/ Cathey W. Steinberg Senator, 42nd District
/s/ Charles Thomas, Jr. Representative, 69th District
A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to authorize a trier of fact, in the exercise of sound discretion, to order either or both parents to continue to provide financial assistance to a child who has reached the age of majority to enable a child to complete his or her secondary school edu cation; to provide a time limitation on certain financial assistance; to provide for enforce ment of such orders of support; to provide for applicability; to change the provisions relating to parents' obligations to a child; to provide that if the Department of Human Resources is the petitioner, then no guardian ad litem need be appointed; to provide that services by the Department of Human Resources shall continue despite the fact that pub lic assistance is no longer provided; to provide for fees and cost recovery for child support services; to provide for liability and penalties; to provide that the district attorney shall represent the department in support cases; to provide that in URESA cases the district attorney shall represent the petitioner; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding at the end of Code Section 19-6-15, relating to child sup port in final verdict or decree, new subsections (e) and (f) to read as follows:
"(e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary
TUESDAY, MARCH 31, 1992
4477
school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered.
(f) The provisions of subsection (e) of this Code section shall be applicable only to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an action for modification of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances."
Section 2. Said title is further amended by striking in its entirety Code Section 19-7-2, relating to parents' obligations to a child, and inserting in lieu thereof a new Code Section 19-7-2 to read as follows:
"19-7-2. It is the joint and several duty of each parent to provide for the mainte nance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as other wise authorized and ordered pursuant to subsection (e) of Code Section 19-6-15 and except to the extent that the duty of ene parent the parents is otherwise or further defined by court order."
Section 3. Said title is further amended by striking subsection (a) of Code Section 19-7-44, relating to parties and guardian ad litem, and inserting in lieu thereof the follow ing:
"(a) The child shall be made a party to the action. If he the child is a minor, he the child shall be represented by a guardian ad litem appointed by the court. If the Department of Human Resources is the petitioner, and the court determines that no conflict of interest exists, the court need not appoint a guardian. Neither the child's mother nor his the alleged or presumed father may represent the child as guardian ad litem."
Section 4. Said title is further amended by striking subsection (b) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assist ance recipients, and inserting in lieu thereof the following:
"(b) Whenever a family for whom child support payments services have been col lected an4 distributed under this article provided ceases to receive public assistance, including medical assistance, the department shall continue to provide services and col lect such support payments from the absent parent in accordance with standards pre scribed pursuant to the federal Social Security Act."
Section 5. Said title is further amended by designating the current text of Code Sec tion 19-11-23, relating to authority of the district attorney, as subsection (a) and inserting the following:
"(b) When acting pursuant to subsection (a) of this Code section, the district attor ney shall represent the department and the department shall be the sole client of the district attorney."
Section 6. Said title is further amended by adding a new subsection to Code Section 19-11-53, relating to representation of a petitioner by the district attorney, to read as fol lows:
"(c) When acting pursuant to subsection (a) of this Code section, the district attor ney shall represent the petitioner to the extent that the interests of the petitioner do not conflict with the interests of the department."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on HB 1519.
On the motion, the roll call was ordered and the vote was as follows:
4478
JOURNAL OF THE HOUSE,
Abernathy N Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck
Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark.L E Coker Y Coleman
Colwell Y Connell
Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G N Davis.M Y Dixon.H N Dixon.S
Dobbs
Y Dover Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
N Flynt Godbee
N Golden Y Goodwin
Green Greene N Griffin Y Groover E Hamilton Hammond Y Manner Y Harris.B Y Harris.J
Y Heard Y Henson
Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong
Lord N Lucas YMann Y Martin Y McBee
McCoy Y McKelvey
McKinney.B N McKinney.C N Meadows Y Merritt Y Milam
Y Mills Y Mobley N Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston NPoag Y Porter
Y Poston N Powell,A Y Powell.C Y Presley Y Purcell Y Randall NRay
Reaves Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield
On the motion, the ayes were 130, nays 16. The motion prevailed.
N Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W Y Smyre
Snow Y Stancil.F N Stancil.S Y Stanley
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
Walker.L Y Wall Y Watson
Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin Murphy.Spkr
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.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House amendments to the following Bill of the Sen ate:
SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, fur ther, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative intent; to define certain terms.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:
TUESDAY, MARCH 31, 1992
4479
SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, fur ther, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative intent; to define certain terms.
Representative McKinney of the 35th moved that the House insist on its position in amending SB 735.
The motion prevailed.
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 738 Do Pass SB 748 Do Pass SB 803 Do Pass, by Substitute SB 805 Do Pass SB 806 Do Pass SB 807 Do Pass
SB 808 Do Pass SB 809 Do Pass SB 855 Do Pass SB 862 Do Pass SB 866 Do Pass
Respectfully submitted, Is/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the Senate were taken up for considera tion and read the third time:
SB 738. By Senator Dawkins of the 45th:
A bill to amend an Act providing that in certain counties the governing authorities thereof shall adopt a uniform central accounting and bookkeeping system so as to change certain population brackets; to change the provisions relating to applicability; to provide that the term "population bill" shall not include a certain type bill; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
SB 748. By Senator Thompson of the 33rd:
A bill to amend an Act restricting the rezoning of land annexed by munici palities within certain counties so as to revise the population figures describ ing the counties to which such Act applies.
4480
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 101, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
SB 805. By Senator Tysinger of the 41st:
A bill to amend an Act providing that in all counties in the State of Georgia having a population of 500,000 or more according to the United States decen nial census of 1960 or any future such census the office of the justice of the peace emeritus shall be created so as to change "500,000" to "600,000" and "1960" to "1990"; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
SB 806. By Senator Tysinger of the 41st:
A bill to amend an Act fixing the salaries of certain judges of certain courts within certain counties so as to change the population figure from "500,000" to "600,000" according to the United States decennial census of 1990 or any future such census; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
SB 807. By Senator Tysinger of the 41st:
A bill to amend Code Section 21-2-211 of the Official Code of Georgia Anno tated, relating to the appointment and compensation of county registrars, so as to change the population figure to provide that in certain counties the governing authority of the county shall appoint the county registrars; to pro vide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
SB 808. By Senator Tysinger of the 41st:
A bill to amend Code Section 36-82-1 of the Official Code of Georgia Anno tated, relating to the procedure for the authorization of bonded debt, so as to change the population figure designating counties in which legal advertise ment of a bond election shall contain certain references.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, MARCH 31, 1992
4481
On the passage of the Bill, the ayes were 101, nays 13. The Bill, having received the requisite constitutional majority, was passed.
SB 809. By Senator Tysinger of the 41st:
A bill to amend an Act providing for the defense of indigents in certain counties of this state having a population of not less than 500,000 as deter mined by the 1960 United States decennial census or any future census so as to change "500,000" to "600,000" and "1960" to "1990"; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
SB 855. By Senators Hammill of the 3rd and Echols of the 6th:
A bill to amend an Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, and the several Acts amendatory thereof, and for other purposes herein mentioned, as amended, so as to provide for the
The report 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 13.
The Bill, having received the requisite constitutional majority, was passed.
SB 862. By Senator Foster of the 50th:
A bill to amend an Act providing for the election of the members of the Board of Education of Habersham County so as to change the education dis tricts; to provide for definitions; to provide for conflicting descriptions; to provide for inclusion of certain areas within other districts; to require certain submissions and provide for automatic repeal.
The report 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 13.
The Bill, having received the requisite constitutional majority, was passed.
SB 866. By Senator Broun of the 46th:
A bill to amend an Act establishing the Unified Government of AthensClarke County, Georgia, as amended, so as to provide how membership posi tions on the Athens-Clarke County Industrial Development Authority shall be construed as a result of the changes effected by the governmental reorga nization which resulted in that Unified Government; to provide for legislative findings.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
4482
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 101, nays 13. The Bill, having received the requisite constitutional majority, was passed.
SB 803. By Senator Tysinger of the 41st:
A bill to amend Code Section 48-5-404 of the Official Code of Georgia Anno tated, relating to the collection of county school taxes by tax commissioners or tax collectors, so as to change the population brackets designating the counties in which 1.9 percent of the funds collected shall be retained by the tax commissioner or tax collector or remitted to the county governing author ity.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-5-404 of the Official Code of Georgia Annotated, relating to the collection of county school taxes by tax commissioners or tax collectors, so as to change the population brackets designating the counties in which 1.9 percent of the funds collected shall be retained by the tax commissioner or tax collector or remitted to the county governing authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-404 of the Official Code of Georgia Annotated, relating to the collection of county school taxes by tax commissioners or tax collectors, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as fol lows:
"(c) In all counties of this state having a population of not less than 360,000 500,000 nor more than 600,009 550,000 according to the United States decennial census of 1980 1990 or any future such census, the tax commissioner or tax collector shall remit all edu cation funds collected by said officer to the board of education of the county except 1.9 percent of the funds collected which shall be retained by the tax commissioner or tax collector if the officer is on a fee basis or remitted to the governing authority of the county if the officer is on a salary basis of compensation."
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 101, nays 13.
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 789. By Representatives Smith of the 156th, Floyd of the 154th, Purcell of the 129th, Mueller of the 126th and Fennel of the 155th:
A resolution continuing the Wetlands Conservation Study Committee.
TUESDAY, MARCH 31, 1992
4483
The Senate adheres to its disagreement to the House amendment to the Senate sub stitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the House:
HB 2015. By Representatives Wilder of the 21st, Sherrill of the 47th, Ashe of the 25th, Klein of the 21st, Vaughan of the 20th and others:
A bill to amend Code Section 3-3-24.1 of the Official Code of Georgia Anno tated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alcoholic beverages, so as to change the population figures describing counties prohibiting the entry of minors onto the premises of certain businesses engaged in the retail sale of alcoholic beverages unless accompanied by the minor's parent or guardian.
The President has appointed on the part of the Senate the following:
Senators Deal of the 49th, Garner of the 30th and Thompson of the 33rd.
The Senate adheres to its disagreement to the House amendments and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, fur ther, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative intent; to define certain terms.
The President has appointed on the part of the Senate the following:
Senators Moye of the 34th, Scott of the 36th and Ray of the 19th.
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 322 Do Pass, by Substitute SB 828 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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JOURNAL OF THE HOUSE,
HB 1125. By Representatives Poston of the 2nd, Fennel of the 155th, Orr of the 9th, Meadows of the 91st, Smith of the 16th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to create the State Ethics Commission; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1125
The Committee of Conference on HB 1125 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1125 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
1st J. Nathan Deal Senator, 49th District
/s/ Charles A. Thomas, Jr. Representative, 69th District
l%l Pete Robinson Senator, 16th District
M Jack Hill Senator, 4th District
/s/ Tommy Chambless Representative, 133rd District
/s/ Hugh Boyd Pettit, III Representative, 19th District
A BILL
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for the comprehensive regulation of the conduct of public officials and lobbyists; to provide for a short title; to change certain provisions relating to contributions from corporations regulated by the Public Service Commission; to prohibit certain regulated entities and certain others acting on their behalf from making contributions to or on behalf of certain elected executive officers or to candidates or cam paign committees with respect to such office; to provide for definitions; to prohibit the accepting of certain contributions; to authorize certain voluntary personal contributions; to change the purposes for which excess campaign contributions may be used; to regulate the acceptance of certain monetary fees or honoraria; to provide for the reporting of certain honoraria in financial disclosure statements; to change certain provisions relating to the reporting of campaign contributions and expenditures; to change certain provisions relating to certain maximum allowable contributions; to provide for additional regulation of such contributions; to provide for the comprehensive regulation of lobbying; to provide for defi nitions; to provide for procedures, registration, and applicability; to provide for fees; to provide for lobbyist disclosure reports; to provide for procedures and requirements; to pro vide for the powers, duties, authority, and responsibilities of the State Ethics Commission with respect to the foregoing; to amend Code Section 16-10-2 of the Official Code of Geor gia Annotated, relating to the offense of bribery, so as to provide for exclusions and appli cability; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying; to change certain references to the provisions repealed; to provide for related matters; to provide for effec tive dates; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 31, 1992
4485
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as "The Public Officials Con duct and Lobbyist Disclosure Act of 1992."
Section 2. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," is amended by striking paragraph (15) of Code Section 21-5-3, relating to the definition of terms used in Chapter 5 of Title 21, the "Ethics in Government Act," and inserting in lieu thereof new paragraphs (14.1) and (15) to read as follows:
"(14.1) 'Public employee' means every person employed by the executive, legislative, or judicial branch of state government, or any department, board, bureau, agency, com mission, or authority thereof.
(15) 'Public officer' means: (A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or
appointed; (D) Each member of the General Assembly; (E) The executive director of each state board or authority and the members
thereof; (F) Every elected county official^ every elected county or area school superintend
ent, and every elected member of a county or area board of education; and (G) Every elected municipal official."
Section 3. Said chapter is further amended by adding a new Code section regulating the acceptance of monetary fees or honoraria, immediately following Code Section 21-5-10, to be designated Code Section 21-5-11, to read as follows:
"21-5-11. (a) No public officer other than a public officer elected state wide shall accept a monetary fee or honorarium in excess of $101.00 for a speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of that public officer or the office of that public officer.
(b) No public officer elected state wide shall accept any monetary fee or honorarium for a speaking engagement, participation in a seminar, discussion panel, or other such activity.
(c) For purposes of this chapter, actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to permit participation in a panel or speaking engagement at the meeting shall not be monetary fees or honoraria."
Section 4. Said chapter is further amended by striking subsection (f) of Code Section 21-5-30, relating to contributions made to candidates or campaign committees or for recall of a public officer, and inserting in its place a new subsection (f) to read as follows:
"(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign. Any person who knowingly violates this subsection with respect to a member of the Public Service Commission, a candidate for the Public Service Commission, or the campaign committee of a candidate for the Public Service Commission, shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both; and any person who knowingly violates this subsection with respect to any other public officer, a candidate for such other public office, or the campaign committee of a candidate for such other public office, shall be guilty of a misdemeanor."
Section 4A. Said chapter is further amended by striking Code Section 21-5-30.1, relating to contributions to the Commissioner of Insurance, and inserting in its place a new Code Section 21-5-30.1 to read as follows:
"21-5-30.1. (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
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JOURNAL OF THE HOUSE,
(1) 'Campaign committee' means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an indi vidual to the office of Commissioner ef Insurance an elected executive officer.
(2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of an individual to the office of Commissioner ef Insurance an elected executive officer or encouraging the holder of such office to seek reelection. The term 'contribution' shall include the pay ment of a qualifying fee for and on behalf of a candidate for the office of Commis sioner ef Insurance an elected executive officer and any other payment or purchase made for and on behalf of the holder of the office of Commissioner ef Insurance an elected executive officer or for or on behalf of a candidate for that office when such payment or purchase is made for the purpose of influencing the nomination for elec tion or election of the candidate and is made pursuant to the request or authority of
the holder of such office, the candidate, the campaign committee of the candidate, or any other agent of the holder of such office or the candidate. The term 'contribution'
shall not include the value of personal services performed by persons who serve on a voluntary basis without compensation from any source.
\o)--iwuustrifli loftn licensee rncsns s iicsnscc fts QCiincu oy psrftgrftpri (Q/ of oodc
Section 7'3 3, relating te definitions applicable to Chapter 3 ef- Title 7? known a the 'Georgia Industrial Loan Act.'
{4)--'Insurer' means a insurer as defined by paragraph {4} ef Code Section 38-1-2,
relating te definitions applicable to Title 887 known as the 'Ccorgia Insurance Code.' (3) 'Elected executive officer' means the Secretary of State, Attorney General,
State School Superintendent, Commissioner of Insurance, Commissioner of Agricul ture, and Commissioner of Labor.
{6} (4) 'Political action committee' means any committee, club, association, part
nership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are mem
bers or supporters of the committee and which distributes these funds as contribu tions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee.
(5) 'Regulated entity' means any person who is required by law to be licensed by an elected executive officer or a board under the jurisdiction of an elected executive
officer, any person who leases property owned by or for a state department, or any person who engages in a business or profession which is regulated by an elected execu
tive officer or by a board under the jurisdiction of an elected executive officer. (b) No industrial lean licensee er insurer regulated entity and no person or political action committee acting on behalf of a* industrial teaft licensee er insurer a regulated
entity shall make a contribution to or on behalf of a person holding office as Commis sioner ef Insurance an elected executive officer regulating such entity or to or on behalf
of a candidate for the office of Commissioner ef- Insurance an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate.
(c) No person holding office as Commissioner ef Insurance an elected executive offi cer and no candidate for the office of Commissioner ef Insurance an elected executive
officer and no campaign committee of a candidate for the office of Commissioner ef Insurance an elected executive officer shall accept a contribution in violation of subsec
tion (b) of this Code section. (d) Nothing contained in this Code section shall be construed to prevent any person
who may be employed by ft industrial lean licensee er insurer a regulated entity, including a person in whose name a license or lease is held, from voluntarily making a campaign contribution from that person's personal funds to or on behalf of a person
holding office as Commissioner ef Insurance an elected executive officer regulating such entity or to or on behalf of a candidate for the office of Commissioner ef Insurance an
elected executive officer regulating such entity or to or on behalf of a campaign commit tee of any such candidate. It shall be unlawful and a violation of this Code section for
any insurer er industrial tea* licensee regulated entity or other person to require another by coercive action to make any such contribution."
TUESDAY, MARCH 31, 1992
4487
Section 5. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-33, relating to the disposition of campaign contributions, and inserting in its place a new paragraph to read as follows:
"(1) All contributions received by a candidate or such candidate's campaign commit tee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such can didate or such public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;
(B) Per Except as otherwise provided in subparagraph (D) of this paragraph, for transferral without limitation to any national, state, or local committee of any political party or to any candidate;
(C) For transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee;
(D) For use in future campaigns for way only that elective office for which those contributions were received. With respect to contributions held on January 1^ 1992, or received thereafter, in the event the candidate, campaign committee, or public officer holding elective office has not designated, prior to receiving contributions to which this Code section is applicable, the office for which campaign contributions are received thereby, those contributions shall be deemed to have been received for the elective office which the candidate held at the time the contributions were received or, if the candidate did not then hold elective office, those contributions shall be deemed to have been received for that elective office for which that person was a can didate most recently following the receipt of such contributions; or
(E) For repayment of any prior campaign obligations incurred as a candidate."
Section 6. Said chapter is further amended by striking subsection (b) of Code Sec tion 21-5-34, relating to campaign contribution disclosure reports, and inserting in its place a new subsection (b) to read as follows:
"(b) (1) All reports shall list the following: (i) (A) The amount, name, and mailing address of any person making a contri
bution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the pur pose of raising campaign contributions for the reporting candidate; provided, hew-
maintained of the business, occupation, or place of employment of the person mak ing the contribution or such person's spouse and the cumulative total of such contri-
and mailing address reported according to occupational categories; (3) (B) The name and mailing address and occupation or place of employment
of any person to whom an expenditure of $101.00 or more is made and the amount and general purpose of such expenditure;
(&) (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occu pations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship;
f4) (D) Total contributions received and total expenditures made since the test report; and as follows:
(i) Contributions and expenditures shall be reported for the applicable reporting cycle;
(ii) A reporting cycle shall commence on January 1 of the year in which an election is to be held for the public office to which a candidate seeks election and shall conclude:
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JOURNAL OF THE HOUSE,
(I) At the expiration of the term of office if such candidate is elected and does not seek reelection or election to some other office;
(II) On December 31 of the year in which such election was held if such candidate is unsuccessful; or
(III) If such candidate is successful and seeks reelection or seeks election to some other office the current reporting cycle shall end when the reporting cycle for reelection or for some other office begins; (iii) The first report of a reporting cycle shall list the contribution balance brought forward from the previous reporting cycle, if any, and the total contribu tions received during the period covered by the report; (iv) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the reporting cycle; (v) The first report of a reporting cycle shall list the total expenditures made during the period covered by the report; (vi) Subsequent reports shall list the total expenditures made during the period covered by the report and the cumulative total of expenditures made dur ing the reporting cycle; and (vii) If a public officer seeks reelection to the same public office or election to a different public office, the contribution balance at the end of the current report ing cycle shall be carried forward to the first report of the applicable new report ing cycle; and {&} (E) The corporate, labor union, or other affiliation of any political action committee making a contribution of $101.00 or more. (2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $101.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumula tively exceed $101.00."
Section 7. Said chapter is further amended by striking paragraph (6) of Code Section 21-5-40, relating to definitions regarding campaign contributions, and inserting in its place the following:
"(6) 'Political committee' means: (A) any partnership, committee, club, association, organization, party caucus of the House of Representatives or the Senate, or similar entity (other than a corporation) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund.
(6.1) 'Political party' means any political party as that term is defined in paragraph (21) of Code Section 21-2-3, as amended; provided, however, that for purposes of this article, local, state, and national committees shall be separate political parties.
(6.2) 'Public office' means the office of each elected public officer as specified in par agraph (15) of Code Section 21-5-3."
Section 8. Said chapter is further amended by striking subsection (a) of Code Sec tion 21-5-41, relating to maximum allowable contributions by persons or partnerships, and inserting in its place new subsections (a) and (a.l) to read as follows:
"(a) No person shall for any election make contributions to any candidate for state wide elected office ef the General Assembly which in the aggregate exceed $3,600.00 $2,500.00.
(a.l) No person shall for any election make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate exceed $1,000.00."
Section 9. Said chapter is further amended by striking Code Section 21-5-42, relating to maximum allowable contributions of corporations, and inserting in its place a new Code Section 21-5-42 to read as follows:
"21-5-42. (a) No corporation shall for any election make contributions to any candi date for state-wide elected office e? the General Assembly which in the aggregate,
TUESDAY, MARCH 31, 1992
4489
together with any contributions to the same candidate for the same election by any affil iated corporations, exceed $3,600.00 $2,500.00.
(b) No corporation shall for any election make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate, together with any contributions to the same candidate for the same election by any affiliated corporations, exceed $1,000.00."
Section 10. Said chapter is further amended by striking Code Section 21-5-43, relat ing to maximum allowable contributions of political committees, and inserting in its place a new Code Section 21-5-43 to read as follows:
"21-5-43. (a) No political committee shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggre gate, together with any contributions to the same candidate for the same election by any affiliated political committees, exceed $3,600.00 $2,500.00.
(b) No political committee shall for any election make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate, together with any contributions to the same candidate for the same elec tion by any affiliated political committees, exceed $1,000.00."
Section 11. Said chapter is further amended by adding a new Code section immedi ately following Code Section 21-5-43, to be designated Code Section 21-5-43.1, to read as follows:
"21-5-43.1. (a) No political party shall for any election make contributions to any candidate for state-wide elected office which in the aggregate exceed $2,500.00.
(b) No political party shall for any election make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate exceed $1,000.00.
(c) The limitations provided for in this Code section shall not include contributions or expenditures made by a political party in support of a party ticket or a group of named candidates."
Section 12. Said chapter is further amended by striking Code Section 21-5-44, relat ing to contributions to campaign committees, and inserting in its place a new Code Section 21-5-44 to read as follows:
"21-5-44. For purposes of this article, a contribution to a candidate's campaign com mittee of a candidate for any public office shall be deemed to be a contribution to the such candidate."
Section 13. Said chapter is further amended by striking Code Section 21-5-45, relat ing to application of contribution limitations, and inserting in its place a new Code Section 21-5-45 to read as follows:
"21-5-45. The limitations on contributions imposed by this article shall apply sepa rately with respect to each election; provided, however, that no contribution whatsoever may be made to a candidate for public office for an election other than a general pri mary if the such candidate will not be on the ballot at such election other than a general primary."
Section 14. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-50, relating to financial disclosure statements, and inserting in its place a new paragraph (1) to read as follows:
"(1) Each monetary fee or honorarium of $101.00 or more less which is received accepted by a public officer from speaking engagements, participation in seminars, dis cussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received or honorarium accepted and the person from whom it was received accepted;".
Section 15. Said chapter is further amended by striking in its entirety subparagraph (c)(l)(B) of Code Section 21-5-50, relating to the filing of financial disclosure statements by public officers, and inserting in lieu thereof a new subparagraph (B) to read as follows:
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JOURNAL OF THE HOUSE,
"(B) Each transaction or transactions which aggregate $9,000.00 or more in a calen dar year in which the candidate or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by an agent a lobbyist registered with the Secretary ef State commission pursuant to Cede Section 28-7-2 Article 4 of this chapter."
Section 16. Said chapter is further amended by adding a new article at the end thereof, providing for the regulation of lobbying, to be designated Article 4, to read as fol lows:
"ARTICLE 4
21-5-70. As used in this article, the term: (1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or convey ance of money or anything of value made for the purpose of influencing the actions of any public officer or public employee; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received; (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, food or beverage consumed at a single meal or event by a public officer or public employee or a member of the immediate family of such public officer or public employee; and (E) The term shall not include: (i) The value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) A gift received from a member of the public officer's immediate family; (iii) Legal compensation or expense reimbursement provided public employees and public officers in the performance of their duties; (iv) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia; (v) An award, plaque, certificate, memento, or similar item given in recogni tion of the recipient's civic, charitable, political, professional, or public service; (vi) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession; (vii) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, committees and subcommittees of such bodies, and the governing body of each political subdivision of this state; (viii) Campaign contributions or expenditures reported as required by Article 2 of Chapter 5 of Title 21; (ix) A commercially reasonable loan made in the ordinary course of business; or (x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary busi ness or social functions or activities. (2) 'Filed' means the delivery to the State Ethics Commission, as specified in this
article, of a document that satisfies the requirements of this article. A document is considered delivered when it is placed in the United States mail within the required filing time, properly addressed to the State Ethics Commission, as specified in this article, with adequate postage affixed.
(3) 'Identifiable group of public officers' means a description that is specifically determinable by available public records.
(4) 'Immediate family' means a spouse or child.
TUESDAY, MARCH 31, 1992
4491
(5) 'Lobbying' means the activity of a lobbyist while acting in that capacity.
(6) 'Lobbyist' means: (A) Any natural person who, for compensation, either individually or as an
employee of another person undertakes to promote or oppose the passage of any leg islation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor;
(B) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; or
(C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph. (7) 'Public officer' means those public officers specified under subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, as amended. 21-5-71. (a) No person shall engage in lobbying as defined by this article unless such person is registered with the State Ethics Commission as a lobbyist. The adminis tration of this article is vested in the State Ethics Commission. The State Ethics Com mission shall be the successor to the Secretary of State with respect to such officer's former regulation of registered agents. (b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain:
(1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corpora tion, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corpo ration, the general purpose and approximate number of members of the organization; and
(5) A statement signed by the person or agency employing, appointing, or authoriz
ing the applicant to lobby on its behalf. (c) The lobbyist shall, within seven days of any substantial or material change or addition, file a supplemental registration indicating such substantial or material change
or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to cli
ent and employment information required by paragraphs (2), (3), and (4) of subsection
(b) of this Code section. (d) Each registration under this Code section shall expire on December 31 of each
year. The commission may establish renewal procedures for those applicants desiring
continuous registrations. Previously filed information may be incorporated by reference. (e) The commission shall provide a suitable public docket for registration under this
Code section with appropriate indices and shall enter promptly therein the names of the
lobbyists and the organizations they represent. (f) (1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person
who represents any state, county, municipal, or public agency, department, commis sion, or authority shall be exempted from payment of such registration fees and a per
son employed by an organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for
payment of an initial registration fee of $25.00.
(2) The commission shall collect the following fees: (A) Annual lobbyist registration filed pursuant to this Code section.$ 200.00
(B) Lobbyist supplemental registration filed pursuant to this Code section...............................................................................................
10.00
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JOURNAL OF THE HOUSE,
(C) Each lobbyist identification card issued pursuant to this Code
section...............................................................................................
5.00
(D) Each lobbyist report filed pursuant to Code Section 21-5-73......
10.00
(E) In addition to other penalties provided under this chapter, an additional filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed.
(g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lob byist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner.
(h) The commission shall regularly publish public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public.
(i) The registration provisions of this Code section shall not apply to: (1) Any individual who expresses personal views, on that individual's own behalf,
to any public officer; (2) Any person who appears before a public agency or governmental entity com
mittee or hearing for the purpose of giving testimony when such person is not other wise required to comply with the registration provisions of this Code section;
(3) Any public employee of an agency appearing before a governmental entity com mittee or hearing at the request of the governmental entity or any person who fur nishes information upon the specific request of a governmental entity;
(4) Any licensed attorney appearing on behalf of a client in any adversarial pro ceeding before an agency of this state;
(5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying;
(6) Elected public officers performing the official duties of their public office; and (7) A public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the leg islators. 21-5-72. (a) In addition to other penalties provided in this article, the commission may by order deny, suspend, or revoke for a period not to exceed one year the registra tion of a lobbyist if it finds that the lobbyist: (1) Has filed an application for registration with the commission which was incom plete in a material respect or contained a statement that was, in light of the circum stances under which it was made, false or misleading with respect to a material fact; (2) Has willfully violated or willfully failed to comply with this article or a rule promulgated by the commission under this article; (3) Has failed to comply with the reporting requirements of this article; or (4) Has engaged in lobbying practices in violation of this article. (b) Application may be made to the commission for reinstatement. Such reinstate ment shall be conducted in the same manner as required for an initial registration under this article and shall be conditioned upon payment of the same registration fees applica ble to an initial registration and also any outstanding penalty fees.
TUESDAY, MARCH 31, 1992
4493
(c) Any person failing to comply with or violating any of the provisions of this article shall be subject to a civil penalty not to exceed $2,000.00 per violation.
21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section.
(b) A monthly disclosure report, current through the end of the preceding month, shall be filed on or before the fifth day of any month while the General Assembly is in session.
(c) A disclosure report, current through the end of the period ending on July 31 and December 31 of each year, shall be filed on or before August 5 and January 5 of each year.
(d) Reports filed by lobbyists shall be verified and shall include: (1) A description of all expenditures, as defined in Code Section 21-5-70, or the
value thereof made by the lobbyist or employees of the lobbyist on behalf or for the benefit of a public officer. The description of each reported expenditure shall include:
(A) The name and title of the public officer or, if the expenditure is simulta neously incurred for an identifiable group of public officers the individual identifica tion of whom would be impractical, a general description of that identifiable group;
(B) The amount, date, and description of the expenditure; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate expendi tures described in divisions (l)(E)(vii) and (l)(E)(x) of Code Section 21-5-70 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; and (D) If applicable, the number of the bill, resolution, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and (2) The names of any members of the immediate family of a public officer employed by or whose professional services are paid for by the lobbyist during the reporting period."
Section 17. Code Section 16-10-2 of the Official Code of Georgia Annotated, relating to the offense of bribery, is amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph (2) to read as follows:
"(2) A public official, elected or appointed, or an employee of this state or any agency, authority, or entity of the state, or any county or municipality or any agency, authority, or entity thereof, directly or indirectly solicits, receives, accepts, or agrees to receive a thing of value by inducing the reasonable belief that the giving of the thing will influence his or her performance or failure to perform any official action. A thing of value shall not include:
(A) Food or beverage consumed at a single meal or event; (B) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession; (C) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service; (D) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, committees and subcommittees of such bodies, and the governing body of each political subdivision of this state; (E) Actual and reasonable expenses for food, beverages, travel, lodging, and regis tration for a meeting which are provided to permit participation or speaking at the meeting; (F) A commercially reasonable loan made in the ordinary course of business; (G) Any gift with a value less than $100.00; (H) Promotional items generally distributed to the general public or to public offi cers; (I) A gift from a member of the public officer's immediate family; or
4494
JOURNAL OF THE HOUSE,
(J) Food, beverage, or expenses afforded public officers, members of their immedi ate families, or others that are associated with normal and customary business or social functions or activities; provided, however, that receiving, accepting, or agreeing to receive anything not enumer ated in subparagraphs (A) through (J) of this paragraph shall not create the presump tion that the offense of bribery has been committed."
Section 18. Title 28 of the Official Code of Georgia Annotated, relating to the Gen eral Assembly, is amended by striking Chapter 7, relating to lobbying, and inserting in its place a new Chapter 7 to read as follows:
"CHAPTER 7
28-7-1. {a)--Lobbying is say personal solicitation ef a member ef- the General Asscm Diy, during ft session thcpeot, Dy ppiv&te interview, OP letter, OP mcsss^Cj or other meftns,
Dill, resolution, report, OP ciflini^ pending or to "he introduced fft either DPfinch thereof^ Dy flny person who misreprGSGnts the n&tupe of his interest tft the mfltter to such memTM1
pssss^c OP detest of such Dill, resolution, report, OP cidim tor tne purpose of procuring tne pflsss^e OP dexe&t thereoi . JL/OD Dying sn&ii not include sucn service fts drflitm^ peti* tions, bills, er rcsolutiono; attending te the taking ef- testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing te a committee ef memDer of the vrenepfti A39cm Diyj snd otner services of HKe chspscter intended to pesch the reason ef the legislators.
(b)--Lobbying shall be punished by confinement in the penitentiary f-er net less than one ye&p nop more tnetft live ye&rs. rveserved.
28-7-2. (a)--Every person representing, with er without compensation, any person, firm, corporation, association, er organization er whe is designated te represent any department, board, agency, commission, er authority ef state government f-er the pt-
of tne oecre18ry of otflte ft writing, suDSCPIDed Dy such person, st&tin^ tne nsme of the person, firm, corporation, association, er organization er the state department, board,
, OP suthonty thdt he represents. 1 his registrstion sn&ll loe vctlid TOP OP extpflordinflpy session of the le^isl&turei it snsll i&e the duty ot the
known as the docket of legislative appearance, with appropriate indices, and te enter promptly therein the nsmes of tne pspties Qppesnng &nd on whose oehdit they sppesf. Such docket shall fee open te inspection.
tien f-ee ef $6.00, provided that a person who represents any department, board, agency,
registration f-eer As soon as practicable after registering any such person, the Secretary
of ot9te snsil issue to him ftH identiticdtion csrd which shsll hsve printed thereon the
name ef the registered person and the person, firm, corporation, association, er organize
tien er state department, board, agency, commission, or authority he represents, pro
viQcd tnat, wncn any sucn person represents more tnan one person, tirm, corporation,
association, or organization er state department, board, agency, commission, er author
ity7 such identification card shall have printed thereon the name ef the registered person
~
'
,,.. -.L. ------..-- ...i- : i _ :^- J.L _
during seh times as the General Assembly shall be in session, shall have said idcntifica tion on his person Qnct shsii mstKe rt flVflilsDie tor inspection Dy stti le^islstors who shEili
oecretftpy of btste shdn report to escn house of the vjenersl Assem Dly those persons who have registered with hwn; along with the respective persons, firms, corporations, er asso ciations er state departments, boards, agencies, commissions, er authorities they rcprc sent, louring sessions of tne Ocncral lAsscmuly^ tne secretary ot otate snail periodically
TUESDAY, MARCH 31, 1992
4495
Or tne i-JCHCPftl ASSOHflOiyr 1 ftC reports Or tfl OCCFQlfti?y Or D'tfite Sflflll DC entered tti tfl JOUmfti Or eftCfl nOUSC> ATI flft^HlDCrS Of tft H.OU9C find OdlfltC 9 Ft fill ilfiV tn6 Fesponsi DliTM
tty ef bringing te the attention of the rates committee ef- each respective house violations
shall have the responsibility ef reporting stieh violations te appropriate officials. \c)--ouDsections \ft/ find \o/ ^* tnis \jOde section sriflii not oe construed to sppiy to
General Assembly en any measure pending before either house ef the General Assembly. \Q)--ouDSccttofts *ft/ find \D/ Or tii18 oode section 9f)fiii not fte* construed to ftppiy to
flny person wno oppcftrs Deiore ft committee of eitnep OP ootn nouses of tne oenersi
is net otherwise required te comply with subsections {} and {k} ef- this Code section. \G) i&uDsections \&) find \D/ of tnis vjode section snfiii not flppiy to finy employee of
any department, board, agency, commission, er authority ef state government appearing before a legislative committee at the committee's request er te any person whe furnishes
department head er constitutional officer representing that department er office. Reserved.
28-7-3. No person, firm, corporation, or association shall retain or employ an attor ney at law or an agent to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislative measure. No attorney at law or agent shall be employed to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislation.
28-7-4. It shall be unlawful for any person registered pursuant to the requirements of Gede Seetien 28-7-2 Article 4 of Chapter 5 of Title 21 or for any other person, except as authorized by the rules of the House or Senate, to be on the floor of either house of the General Assembly while the same is in session to discuss privately measures then pending in the General Assembly.
28-7-5. Any person failing to comply with or violating any of the provisions of Code Sections 28-7-2 through 28-7-4 Section 28-7-3 or 28-7-4 shall be guilty of a misde meanor."
Section 19. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 16 of this Act shall become effective July 1, 1992.
Section 20. All laws and parts of laws in conflict with this Act are repealed.
Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on HB 1125.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong N Blitch
Y Bordeaux
Y Bostick Y Branch Y Breedlove N Brooks N Brown Y Brush YBuck Y Buckner YByrd Y Campbell
N Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E
Y Clark.L E Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B N Cummings,M Y Davis.D Y Davis.G Y Davis.M N 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
Green Greene N Griffin Y Groover E Hamilton
Y Hammond Y Manner Y Harris.B
Y Harris.J Y Heard
Y Henson Y Herbert Y Holland Y Holmes N Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
4496
JOURNAL OF THE HOUSE,
YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R N Langford Y Lawrence Y Lawson Y Lee
Long Lord N Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey N McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote
Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
On the motion, the ayes were 155, nays 14. The motion prevailed.
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
N Stanley 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 Y Watson Y Watts N White
Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
Due to mechanical malfunction, the vote of Representative Birdsong of the 104th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representatives Connell of the 87th and Long of the 142nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, fur ther, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative intent; to define certain terms.
Representative McKinney of the 35th moved that the House adhere to its position in amending SB 735 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 has appointed as a Committee of Conference on the part of the House the following members:
Representatives Davis of the 29th, Buckner of the 72nd and Holmes of the 28th.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 789. By Representatives Smith of the 156th, Floyd of the 154th, Purcell of the 129th, Mueller of the 126th and Fennel of the 155th:
A resolution continuing the Wetlands Conservation Study Committee.
TUESDAY, MARCH 31, 1992
4497
The following Senate amendment was read:
Amend HR 789 by striking line 29 page 3 beginning "The Governor ---- as Chairman. Line 1 page 4 in its place insert:
The Governor shall designate one of the legislative members as its Chairman.
Representative Smith of the 156th moved that the House agree to the Senate amend ment to HR 789.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush Y Buck Y Buckner Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Cheeks Y Childers
Y Clark.E Y Clark.L E Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Green Greene Y Griffin Y Groover E Hamilton Hammond Manner Y Harris.B
Y HarrisJ
Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee YLong
Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney,C Y Meadows
Y Merritt Milam
On the motion, the ayes were 154, nays 0. The motion prevailed.
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 Presley 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 Y Snow Y Stancil.F Y Stancil.S Y Stanley 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 Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
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 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 Adminis tration, so as to change the provisions relating to the accumulation and utili zation of sick leave; to repeal certain provisions relating to disapproval of sick leave and procedures for contesting disapproval.
The following Committee substitute was read and withdrawn:
4498
JOURNAL OF THE HOUSE,
A BILL
To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, 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 pro visions relating to disapproval of sick leave and procedures for contesting disapproval; to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick; to authorize a supervisor to require that an employee who is absent from work on sick leave for three or more days to provide written confirmation of such illness or incapacity by a medical practitioner; to require an employee to telephone the appropriate authority when such employee is absent from work on sick leave; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to the State Merit System of Personnel Administration, is amended by striking in its entirety Code Section 45-20-16, relating to accrual of sick leave and conver sion to and use of personal leave, and inserting in lieu thereof a new Code Section 45-20-16 to read as follows:
"45-20-16. (a) Full-time employees in the classified service shall earn sick leave at the rate of one and one-fourth days per month of service. Part-time employees in the classified service who work 20 or more hours per week shall earn sick leave at the rate of one and one-fourth days per month of service prorated by the percentage of time worked. Sick leave shall be cumulative for not more than 90 days. Any sick leave earned in excess of 90 days at the end of any month shall be forfeited but may be restored to the employee as provided in the regulations of the State Personnel Board.
(b) Any employee in the classified service who has accumulated sick leave shall be authorized to utilize such sick leave at any time that the employee is sick. Any employee utilizing two consecutive days or less of accumulated sick leave may be required to pro vide an affidavit affirming such illness to the employee's supervisor; provided, however, that, if an employee is absent from work on sick leave for three or more days within a 30 day period, the employee's supervisor may require the employee to provide written confirmation of such illness or incapacity by a medical practitioner licensed under Chap ter 34 of Title 43; provided, further, that, whenever an employee is sick and absent from work, the employee shall report each day by telephone to the appropriate authority.
fb) (c) An employee who has accrued more than 15 days of sick leave as of Novem ber 30 of any year may, by written notification to the appointing authority by no later than December 31 of that year, convert up to three days of accrued sick leave in excess of 15 days to personal leave. Any personal leave not used by December 31 of the follow ing year, or upon termination, shall be forfeited and not restored to the employee.
{e} (d) Personal leave may be used by the employee for personal reasons the same as annual leave upon approval by the employee's appointing authority. The employee shall normally be required to provide the appointing authority with a 24 hour advance notice for use of personal leave. Every reasonable effort shall be made by the appointing authority to accommodate employees on their requests for use of personal leave.
authorized te se such siek- leave accordance with the criteria established in the rules tnd re ^Urfttions ot tile otftte .personnel ijOftrdj provtfled, nowever, tnflt, wnenever sn
\Q)--it tile Appointing flutnonty disflj^rees with tne ciftim ot SICKness of need TO utilize SIGH ieflve mfloe oy tne employee pursusnt to suosection \ci) ot tnis ooue sectionf tnc appointing authority may disapprove the se ef auch siefc leave in accordance with the enterift estfluiisned m tne pules find reguifttions ot tne otste personnel oosrd. i tie employee may contest the disapproval <rf the siek leave through the department's employee complaint procedure.
{f} (e) The State Personnel Board shall adopt regulations to implement the provi sions of this Code section. The leave regulations of the board in effect on July 1, 1989
TUESDAY, MARCH 31, 1992
4499
1991, and not in conflict with this Code section shall remain in effect until amended, changed, modified, or repealed by the board."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Coleman of the 118th, was read and adopted:
A BILL
To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to the State Merit System of Personnel Administration, so as to provide that certain personnel of the Department of Public Safety shall be in the unclassified ser vice; 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 1 of Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to the State Merit System of Personnel Administration, is amended by striking subparagraph (Y) of paragraph (15) of Code Section 45-20-2, relating to defini tions, in its entirety and inserting in lieu thereof the following:
"(Y) Positions in the class Major or Captain assigned to the Uniform Division of the Department of Public Safety and the position of Personnel Officer of the Department of Public Safety;"
Section 2. This Act shall become effective upon the Governor's approval 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, 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 Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong
Blitch
Bordeaux Y Boatick Y Branch Y Breedlove
Brooks Brown Y Brush
Y Buck Y Buckner Y Byrd
Y Campbell Y Canty Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Clark.L E Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M
Davis.D Y Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W Y Flynt Y Godbee Y Golden
Y Goodwin Green Greene Griffin
Y Groover E Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard
Henson Y Herbert
Holland Y Holmes
Howard
Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence
Y Lawson YLee Y Long Y Lord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock
Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinks ton
YPoag Y Porter
Y Poston Y Powell,A
Y Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat
4500
JOURNAL OF THE HOUSE,
Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L
Y Wall
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 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Holland of the 136th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 1666.
By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd, Jones of the 71st, Taylor of the 94th and others:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Anno tated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1666
The Committee of Conference on HB 1666 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1666 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ G. B. Pollard, Jr. Senator, 24th District
Is/ Ronnie Culbreth Representative, 97th District
/s/ Pete Robinson Senator, 16th District
/s/ Wesley Dunn Representative, 73rd District
/s/ James W. Tysinger Senator, 41st District
/s/ Robin L. Williams Representative, 90th District
A BILL
To amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid at specified rates on the pro ceeds of life insurance policies from the date of the insured's death or, under certain cir cumstances, from the time a claim is filed; to provide when a claim is deemed to be filed; 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 33 of the Official Code of Georgia Annotated, relating to life insurance, is amended by striking in its entirety Code Section 33-25-10, relating to
TUESDAY, MARCH 31, 1992
4501
the payment of interest on the proceeds of life insurance policies, and inserting in its place a new Code Section 33-25-10 to read as follows:
"33-25-10. (a) Each insurer admitted to transact life insurance in this state shall pay interest on proceeds or payments under any individual policy of life insurance, pay able to a beneficiary residing in this state or to a beneficiary under a policy issued in this state or to a beneficiary under a policy insuring a person resident in this state at the time of death.
(b) Interest payable pursuant to subsection (a) of this Code section shall be com puted from the insured's death until the date of payment and shall be at the following rate of interest:
(1) In the event an action to recover the proceeds due under such policy is com menced and results in a judgment against the insurer, interest shall be computed at the legal rate of interest; or
(2) In the event a claim is made and no such action has been commenced, interest shall be computed daily at the greater of the rate of 12 6 percent per annum or the highest interest rate currently paid by the insurer on proceeds left under an interest settlement option; provided, however, that when a claim for the policy proceeds is filed with the insurer, interest shall be computed daily from 30 days after the date the claim is filed until the date of payment at the rate of 12 percent. (c) This Code section shall not:
(1) Apply to proceeds under any such policy paid within 30 days after the date of death of the insured;
(2) Require the payment of interest in an amount of less than $5.00; (3) Apply to policies of credit life insurance; (4) Require the payment of interest for any period during which an insurer is required to pay interest under any state or federal law pertaining to interpleader; (5) Apply to any individual policy issued within 12 months of the death of the insured. (d) For the purposes of this Code section, payment shall be deemed to have been received by a resident when manually delivered by an agent or representative of the insuring company or when deposited by the insuring company in the United States mail, postage prepaid, and directed to the resident at his last known address as evidenced by the business records of the insuring company. (e) (1) For the purposes of this Code section, a claim shall be deemed to have been filed with an insurer on the date that the insurer receives a substantially completed application or other written notice for the policy proceeds and reasonable proof of death of the insured. (2) In cases of group life insurance, a claim shall be deemed to have been filed on the date that the insurer receives the information provided in paragraph (1) of this subsection and receives from the group policyholder written evidence of eligibility for coverage.".
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 Culbreth of the 97th moved that the House adopt the report of the Committee of Conference on HB 1666.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Y Balkcom
Y Barfoot
Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong
Y Blitch
Y Bordeaux Bostick
Y Branch Y Breedlove
Brooks Brown
Y Brush
Y Buck
Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter
N Cauthorn
Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E
Clark.L E Coker
Y Coleman
4502
JOURNAL OF THE HOUSE,
Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Greene Y Griffin Y Groover E Hamilton
Y Hammond Manner
Y Harris.B Y Harris,J Y Heard
Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson N Irwin Y Jackson
Jamieson Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong
YLord Lucas
YMann Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
On the motion, the ayes were 153, nays 2. The motion prevailed.
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 2161.
By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th, Pelote of the 127th, Merritt of the 123rd and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.
The following Senate substitute was read:
A BILL
To amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipal ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, is amended by adding at the end of Section 1.11 a new subsection (h) to read as follows:
"(h) In addition to the present corporate limits of Garden City, Georgia, as they exist at the time of the approval of this Act, the corporate limits of Garden City shall also include the following described tract of land:
ALL that certain tract of land situate, lying, and being in the Eighth G.M. District of Chatham County, Georgia, described as follows: BEGINNING at a point where the northerly right-of-way line of U.S. Highway No. 80 intersects with the easterly rightof-way line of the Seaboard Coastline Railroad Company; running thence from said point of BEGINNING in a northwesterly direction along the easterly right-of-way line
TUESDAY, MARCH 31, 1992
4503
of the Seaboard Coastline Railroad Company to a point where the easterly right-ofway of the Seaboard Coastline Railroad Company intersects with the northerly rightof-way line of Georgia State Highway No. 307 (Bourne Avenue); running thence in a westerly direction along the northerly right-of-way line of Georgia State Highway No. 307 (Bourne Avenue) to a point where it intersects with the corporate limits of the City of Savannah; running thence in a general westerly direction along the corporate limits of the City of Savannah to a point where it intersects with the southwesterly right-of-way line of the Central of Georgia Railroad; running thence in a southeasterly direction along the southwesterly right-of-way line of the Central of Georgia Railroad to a point where the southwesterly right-of-way line of the Central of Georgia Railroad intersects with the northerly right-of-way line of U.S. Highway No. 80; running thence in an easterly direction along the northerly right-of-way line of U.S. Highway No. 80 to a point where the northerly right-of-way line of U.S. Highway No. 80 intersects with the easterly right-of-way line of the Seaboard Coastline Railroad Company, being the point of BEGINNING."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Dixon of the 128th moved that the House agree to the Senate substi tute to HB 2161.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Bills of the House and Senate were taken up for the purpose of consid ering the reports of the Committee of Conference thereon:
HB 1261.
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 July 1, 1992 June 30, 1993.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1261
The Committee of Conference on HB 1261 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1261 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
M C. Donald Johnson Senator, 47th District
/s/ Terry L. Coleman Representative, 118th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Larry Walker Representative, 115th District
/s/ Wayne Garner Senator, 30th District
/s/ Thomas B. Buck, III Representative, 95th District
A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1992, and ending June 30, 1993; to make and provide such appropriations for the operation of
4504
JOURNAL OF THE HOUSE,
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, 1992, and ending June 30, 1993, 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 $8,174,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1993.
PART I.
LEGISLATIVE BRANCH
Section 1. General Assembly. Budget Unit: General Assembly..........................................................$
Personal Services - Staff ................................................................$ Personal Services - Elected
Officials.........................................................................................$ Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials...............................................................? Capital Outlay .................................................................................$ 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....................................................................?
22,674,129 11,358,969
3,631,045 2,630,225
88,600 7,000
0 165,500 481,000
5,000 675,000
233,174
2,200,816 65,000
1,132,800 22,674,129 22,674,129
Senate Functional Budgets
Total Funds
State Funds
Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total
?
3,848,370
?
618,694
?
1,165,879
?
5,632,943
?
3,848,370
?
618,694
$
1,165,879
?
5,632,943
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
?
8,770,991
?
468,810
?
1,163,037
?
10,402,838
?
8,770,991
?
468,810
?
1,163,037
?
10,402,838
TUESDAY, MARCH 31, 1992
4505
Joint Functional Budgets
Total Funds
State Funds
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total
$
2,267,317
$
2,136,938
$
902,812
$
1,331,281
$
6,638,348
$
2,267,317
$
2,136,938
$
902,812
$
1,331,281
$
6,638,348
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........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts..................................,...................? Computer Charges...........................................................................$ Telecommunications .......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
15,320,116
13,035,900 386,144 521,650 108,000 9,550 802,995 39,000 311,177 105,700
15,320,116 15,320,116
4506
JOURNAL OF THE HOUSE,
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..........................................................................! 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..................................................................!
4,818,172 4,200,877 1,302,295 5,503,172 4,818,172
5,743,669 4,944,669
849,000 5,793,669 5,743,669
45,423,943 43,881,506
1,791,715 153,600
114,499
1,083,899 7,800
47,033,019 45,423,943
847,005
634,322 498,322
136,000 634,322 634,322
2.061,454 1,186,713
76,500 97,845
26,000
20,000
12,000 240,000
660.000
TUESDAY, MARCH 31, 1992
4507
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
2,319,058 2,061,454
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!
139,258
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council......................................................................!
1,009,958
PART HI.
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..........................................................................! Radio Billings..................................................................................! Materials for Resale........................................................................! Public Safety Officers Indemnity Fund...........................................................................! Health Planning Review Board Operations....................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
33,844,297
46,778,371 11,492,080
258,940 74,480 1,519,525 8,084,211 3,706,467 2,820,365 2,794,325 10,751,716 38,550
2,750,000
190,436
0 44,334,000
383,880 16,500,000
300,000
35,825 153,813,171 33,844,297
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
426,352 3,592,302
11,483,963
17,054,087 2,916,773
426,352 2,559,388
8,733,963
0 2,916,773
4508
JOURNAL OF THE HOUSE,
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
786,163
478,061 46,907,649 3,521,491 55,453,558 6,453,583
1,594,277 1,131,832 2,013,080 153,813,171
0
478,061 12,879,760
0 5,850,000
0 0 0 0 33,844,297
B. Budget Unit: Georgia Building Authority.................
Georgia Building Authority Budget: Personal Services............................ Regular Operating Expenses ........ Travel ............................................... Motor Vehicle Purchases.............. Equipment....................................... Computer Charges.......................... Real Estate Rentals....................... Telecommunications...................... Per Diem, Fees and Contracts..... Capital Outlay ................................ Utilities............................................ Contractual Expense .................... Fuel................................................... Facilities Renovations and Repairs................................. Total Funds Budgeted................... State Funds Budgeted...................
0
18,778,739 5,522,456
0 215,000 176,335 60,800
16,800 122,584 171,000
0 7,466,638
250,000 0
0 32,780,352
0
Georgia Building Authority Functional Budgets
Total Funds
State Funds
Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total
$
1,789,409
$
5,123,835
$
4,377,845
$
5,177,790
$
394,619
$
5,117,849
$
9,159,533
$
1,639,472
$
0
$
32,780,352
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.........................................
100,380
81,880 10,300 7,800
0 0 0
TUESDAY, MARCH 31, 1992
4509
Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Utilities .............................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
0 400
0 0 0 100,380 100,380
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....................................................................$
32,742,085
29,203,066 3,955,690
915,170 387,363 277,207 315,000 778,070 368,274 166,400 700,000
2,435,191
1,795,858 412,000 115,000 175,000
558,997
370,000 0
40,000 0
42,968,286 32,742,085
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
4,814,290 6,794,126 1,783,326 3,251,747 3,707,562 1,462,595 3,143,794
6,756,823 4,031,436 4,494,747
4,428,290 6,538,126 1,734,326 3,126,747 3,307,933 1,462,595 3,001,214
4,693,514 1,679,230
873,921
4510
JOURNAL OF THE HOUSE,
Seed Technology Entomology and Pesticides Total
505,651 2,222,189 42,968,286
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
0 1,896,189 32,742,085
818,030 169,800
5,864 0
10,755 500 0
7,708 48,081 83,340 95,000 1,239,078
0
7,288,002
6,048,840 288,747 318,019 88,792 17,138 245,830 225,000 51,136 4,500
7,288,002 7,288,002
14,230,236
5,399,223 228,811 145,980 20,000 881 216,498 516,379 42,580 98,300 70,000
2,272,825 760,000
95,960
TUESDAY, MARCH 31, 1992
4511
Grants (Federal)............................... Music Hall of Fame............................. Georgia Music Week Promotion........ Local Development Fund.................... Payment to State Housing
Trust Fund........................................ Payment to Georgia Environmental
Facilities Authority for Operations......................................... Total Funds Budgeted......................... State Funds Budgeted.........................
30,000,000 110,000 0 950,000
4,625,000
1,260,547 46,812,984 14,230,236
Department of Community Affairs Functional Budgets
Total Funds
State Funds
Executive and Administrative Government Management Financial Assistance Government Information Rural Development Coordinated Planning Total
10,864,701 1,160,813 31,900,251 1,309,482
425,831 1,151,906 46,812,984
9,543,701 1,155,813
923,751 1,259,482
404,831 942,658 14,230,236
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................................................................$ Central Repair Fund............................................... .......................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities...................................................................$ Payments to Public Safety
for Meals.......................................................................................$ Inmate Release Fund......................................................................$ Health Services Purchases.............................................................! Payments to MAG for Health
Care Certification........................................................................$ University of Georgia
Cooperative Extension Service Contracts.........................................................................$ Minor Construction Fund..............................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding.................................................................$ Georgia Correctional Industries ....................................................$
507,060,483 367,722,964 52,317,841
2,265,442 2,903,000 3,842,407 4,548,356 4,765,190 4,116,139 4,201,674
0 14,858,811
546,000 13,870,000 4,117,200
886,000
3,890,500
1,331,940
444,500 1,740,000 29,235,881
50,000
330,153 1,580,200 519,564,198
450,000 0
4512
JOURNAL OF THE HOUSE,
State Funds Budgeted...............................................................
507,060,483
Departmental Functional Budgets
Total Funds
State Funds
Administration Institutions and Support Probation Total
$
47,066,250
$ 377,517,964
$
94,979,984
$ 519,564,198
$
46,564,250
$ 376,299,964
$
84,196,269
$ 507,060,483
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............................
35,926,490
29,121,475 1,236,200 736,315 40,500 139,000 412,500 2,423,000 885,000 307,500 600,000 25,000 35,926,490 35,926,490
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.............. Total Funds Budgeted............................ State Funds Budgeted............................
3,842,551
6,208,953 4,169,788
22,460 0
33,300 3,700 4,740 68,500 476,400 10,987,841 3,842,551
Department of Defense Functional Budgets
Total Funds
State Funds
Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total
$
1,223,954
$
3,860,428
$
5,903,459
$
10,987,841
1,112,846 511,711
2,217,994 3,842,551
Section 18. State Board of Education Department of Education.
Budget Unit: Department of Education...........................
Operations: Personal Services........................................ Regular Operating Expenses ....................
3,031,601,485
37,293,946 3,364,914
TUESDAY, MARCH 31, 1992
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......................................................................? Local Fair Share..............................................................................$ Mid-Term Adjustment Reserve....................................................$ Cost of Living Adjustment ............................................................$ Textbook - 7 Year Cycle................................................................$ Textbook - Increased FTE Counts...............................................$ 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 LowIncome Families...........................................................................$
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped.........................................................................?
Tuition for the Multi-Handicapped.....................................................................?
Severely Emotionally Disturbed...................................................? School Lunch (Federal)..................................................................? School Lunch (State)......................................................................? Supervision and Assessment of
Students and Beginning Teachers and PerformanceBased Certification......................................................................?
Regional Education Service Agencies..........................................................................?
Georgia Learning Resources System...........................................................................................?
4513
1,065,393 0
423,424 5,115,625 2,216,959 1,378,457 12,971,215
753,136 284,000
740,410,606 687,938,672 294,146,672 105,116,834
98,000,675 254,839,311 35,093,414 56,687,843
20,636,046 84,028,051 578,743,968 124,547,423 (594,969,397) 25,000,000 49,382,551 (36,920,019) 2,526,262
153,074,397 3,421,565 20,074,950 41,642,563 46,238,551
250,000
94,501,492
3,800,000
23,177,937
2,700,000 34,961,321 113,396,789 23,133,954
1,500,000
6,651,234
2,719,823
4514
JOURNAL OF THE HOUSE,
High School Program .....................................................................$ Special Education in
State Institutions.........................................................................$ Governor's Scholarships .................................................................$ Special Projects ...............................................................................$ Job Training Partnership Act.......................................................$ Vocational Research and
Curriculum... .................................................................................$ Salaries and Travel of
Public Librarians.........................................................................$ Public Library Materials................................................................$ Talking Book Centers.....................................................................$ Public Library M & 0....................................................................$ Child Care Lunch
Program (Federal) .......................................................................$ Chapter II - Block Grant
Flow Through...............................................................................$ Payment of Federal Funds to
Board of Technical and Adult Education......................................................................................$ Innovative Programs.......................................................................$ Technology Grants..........................................................................$ Limited English - Speaking Students Program .......................................................................$ Drug Free School (Federal) ...........................................................$ Transition Program for Refugees .................................,...............$
Emergency Immigrant Education Program ........................................................................................$
Title II Math/Science Grant (Federal) .......................................................................................$
Robert C. Byrd Scholarship (Federal) .......................................................................................$
Health Insurance - Non-Cert. Personnel and Retired Teachers...............................................$
Pre-School Handicapped Program ...............................................$ Mentor Teachers .............................................................................$ Pre-Kindergarten Program............................................................$ Duty-Free Lunch.............................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
16,799,143
3,965,103 2,378,647
479,479
3,084,680
248,270
10,242,708 4,441,538
874,209 3,764,432
16,787,825
10,026,258
11,701,897 2,350,000
775,000
5,921,681
2,700,000
100,000
100,000
345,900
154,000
67,167,892 11,525,312
750,000 2,952,542
200,000 3,341,157,073
340,000
3,031,601,485
Education Functional Budgets
Total Funds
State Funds
State Administration Instructional Services Governor's Honors Program Administrative Services Special Services Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
$
5,673,032
$
21,750,758
$
1,141,024
$
8,996,434
$
10,776,460
$
825,344
$ 3,276,290,004
$
4,772,630
$
6,606,007
$
5,346,368
$
14,585,540
$
1,027,999
$
5,097,578
$
8,601,195
$
825,344
$ 2,981,290,716
$
4,577,545
$
6,414,720
TUESDAY, MARCH 31, 1992
4515
for the Deaf Total
4,325,380 3,341,157,073
3,834,480
3,031,601,485
Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement
System ..........................................,...........................$ Employees' Retirement System Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits to Retirees ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$
250,000
1,440,858 201,300 14,000 0 15,515 328,573 204,000 21,312
1,164,500 0
3,390,058 250,000
Section 20. Forestry Commission. Budget Unit: Forestry Commission ....................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Ware County Grant ........................................................................$ Ware County Grant for Southern
Forest World ................................................................................$ Ware County Grant for Road
Maintenance.................................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
32,770,566
27,150,155 4,864,785
155,845 1,200,000 2,000,000
144,250 46,740 1,032,600 580,875 25,000
5,000
60,000 200,000 37,465,250 32,770,566
Forestry Commission Functional Budgets
Total Funds
State Funds
Reforestation Field Services General Administration
and Support Total
1,739,739 33,271,280
2,454,231 37,465,250
$
18,920
$
30,443,725
$
2,307,921
$
32,770,566
Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation...................................... Operations Budget:
Personal Services........................................................ Regular Operating Expenses.................................... Travel........................................................................... Motor Vehicle Purchases..........................................
36,851,618
27,552,907 2,335,370
477,600 596,500
4516
JOURNAL OF THE HOUSE,
Equipment................................... Computer Charges...................... Real Estate Rentals................... Telecommunications.................. Per Diem, Fees and Contracts. Evidence Purchased................... Capital Outlay............................ Total Funds Budgeted............... Total State Funds Budgeted....
278,200 1,534,500 1,850,192
707,750 607,099 460,500 451,000 36,851,618 36,851,618
Georgia Bureau of Investigation Functional Budgets
Total Funds
State Funds
Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total
3,097,213 8,350,961 10,972,236
6,544,887 7,886,321 36,851,618
3,097,213 8,350,961 10,972,236
6,544,887 7,886,321 36,851,618
Section 22. Office of the Governor. Budget Unit: Office of the Governor..................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$
Cost of Operations ..........................................................................$ Mansion Allowance .........................................................................$ Governor's Emergency Fund .........................................................$ Intern Stipends and Travel ...........................................................$ Art Grants of State Funds.............................................................$ Art Grants of Non-State Funds....................................................$ Humanities Grant - State Funds..................................................$ Art Acquisitions - State Funds .....................................................$ Children and Youth Grants...........................................................$ Juvenile Justice Grants ..................................................................$ Payments to Hazardous Waste
Management Authority ..............................................................$ Georgia Crime Victims
Assistance Program.....................................................................$ Grants to Local Systems................................................................$ Grants - Local EMA.......................................................................$ Grants - Other .................................................................................$ Grants - Civil Air Patrol ................................................................$ Grants - Disaster .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
24,504,518 12,378,839
807,700 223,531
0 56,398 639,903 968,898 317,458 30,907,736 2,896,077 40,000 3,250,000 152,280 2,664,501 232,211 42,800
0 95,000 1,363,725
743,408
100,000 290,000 1,044,200
0 40,000
0 59,254,665 24,504,518
Office of the Governor Functional Budgets
Total Funds
State Funds
Governor's Office
6,338,357
6,338,357
TUESDAY, MARCH 31, 1992
4517
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 Children and Youth
Coordinating Council Human Relations Commission Governor's Commission on Drug
Awareness and Prevention Professional Standards
Commission Georgia Emergency Management
Agency Total
858,212
5,842,128 3,569,863 2,250,036 29,918,682
244,798
533,448
580,647
1,785,116 210,530
411,445
3,194,678
3,516,725 59,254,665
748,212
5,842,128 3,034,185 2,250,036
300,340
92,648
533,448
349,701
505,116 210,530
0
3,194,678
1,105,139 24,504,518
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........................................................................? Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Special Purpose Contracts.............................................................? Service Benefits for Children........................................................? Purchase of Service Contracts ......................................................? Institutional Repairs
and Maintenance.........................................................................? Postage..............................................................................................? Payments to DMA-Community Care...........................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?
571,225,303
68,888,774 3,529,795 1,477,072
863,000 248,872 6,070,511 4,338,305 5,738,797 1,433,738 307,485 15,000,000 40,651,106
89,155 1,670,285 13,213,121 163,520,016
638,300 73,287,179
General Administration and Support Functional Budgets
Total Funds
State Funds
Commissioner's Office Budget Administration Community/Intergovernmental
Affairs Special Projects Office of Children
733,500 1,936,719
246,000 495,200
733,500 1,936,719
246,000 495,200
4518
JOURNAL OF THE HOUSE,
and Youth Planning Councils Community Services
Block Grant Administrative Policy Administrative Support
Service Facilities Management Administrative Appeals Regulatory Services
Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Child Support Recovery Financial Services Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning Agency Total
15,000,000 171,591
10,649,750 0
17,143,838 5,168,191 1,775,428
584,783 2,709,605
6,210,964 5,833,156 37,527,686 5,251,266 1,859,480 1,854,992
0 398,942 46,485,645
1,483,280 163,520,016
2. Public Health Budget: Personal Services................................. Regular Operating Expenses............. Travel.................................................... Motor Vehicle Purchases................... Equipment............................................ Real Estate Rentals............................ Per Diem, Fees and Contracts.......... Computer Charges............................... Telecommunications........................... Crippled Children's Benefits ............. Kidney Disease Benefits.................... Cancer Control Benefits..................... Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants .................................... Family Planning Benefits .............. Crippled Children's Clinics................ Special Purpose Contracts................. Purchase of Service Contracts .......... Grant-In-Aid to Counties................... Postage.................................................. Grants for Regional Maternal and Infant Care.............. Total Funds Budgeted........................ Indirect DOAS Services Funding ..... State Funds Budgeted.......................
Public Health Functional Budgets
Total Funds
14,483,767 155,071
0 0
16,177,738 3,621,306 1,775,428
574,783 2,709,605
1,922,153 802,045
3,593,994 5,051,266 1,859,480 1,854,992 (7,601,852)
398,942 21,073,762
1,423,280 73,287,179
46,196,966 69,423,346
910,647 40,000 91,419 1,088,038 3,803,819 678,771 693,957 7,739,825 308,000 2,928,130
950,000 515,602 640,000 654,009 10,314,699 72,061,094 133,366
747,761 219,919,449
549,718 115,280,819
State Funds
TUESDAY, MARCH 31, 1992
District Health Administration
Newborn Follow-Up Care Dental Health Stroke and Heart
Attack Prevention Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Sexually Transmitted
Diseases Family Planning Malnutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis
Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Total
3. Rehabilitation Services Budget: Personal Services.......................... Regular Operating Expenses...... Travel............................................. Motor Vehicle Purchases............ Equipment..................................... Real Estate Rentals..................... Per Diem, Fees and Contracts... Computer Charges........................ Telecommunications.................... Case Services................................. E.S.R.P. Case Services................. Special Purpose Contracts.......... Purchase of Services Contracts.. Institutional Repairs and Maintenance...................... Utilities .........................................
10,950,737 929,029
1,364,336
2,073,045
3,255,936
2,661,995
3,642,176 9,282,179 66,976,206 50,873,503 12,409,429 2,947,492 1,485,215 1,347,759
734,699
3,029,196 4,576,853 2,893,724 2,122,542 1,123,812
594,069 4,026,707
809,745 323,420 932,856 1,758,251 820,093 927,953 5,310,984 3,120,563 378,938 6,281,590 9,954,417 219,919,449
4519
10,821,062 738,058
1,154,161
1,543,045
2,945,478
2,661,995
298,334 5,431,759
0 43,642,997 7,950,053
1,890,944 1,350,005
945,493 0
2,609,934 3,302,041 1,621,914 1,011,902 1,123,812
594,069 3,829,701
612,520 173,420 799,255 1,539,222 597,275 754,036 5,190,984 1,241,150 290,301 2,829,019 5,786,880 115,280,819
63,048,054 10,416,531
800,674 45,100 329,182 3,980,101 4,930,167 1,719,009 1,456,893 17,377,092 27,000 593,500 7,497,855
139,000 892,620
4520
JOURNAL OF THE HOUSE,
Postage.. .............................................. ..............................................$ Total Funds Budgeted...................... ..............................................$ Indirect DOAS Services Funding ... ..............................................$ State Funds Budgeted...................... ..............................................$
510,068 113,762,846
100,000 20,310,979
Rehabilitation Serviices Functional Budgets
Total Funds
State Funds
District Field Services Independent Living Bobby Dodd Workshop Sheltered Employment Community Facilities State Rehabilitation
Facilities Diversified Industries
of Georgia Program Direction
and Support Grants Management Disability Adjudication Georgia Factory for
the Blind Roosevelt Warm Springs
Institute Total
$
37,492,979
$
590,498
$
494,120
$
1,604,916
$
6,712,498
$
6,970,964
$
683,731
$
3,575,123
$
602,613
$
23,841,138
$
11,583,444
$
19,610,822
$ 113,762,846
$
8,163,543
$
383,740
$
164,864
$
787,290
$
2,816,658
$
1,393,837
$
0
$
1,280,158
$
602,613
$
0
$
765,429
$
3,952,847
$
20,310,979
4. Family and Children Services Budget: Personal Services............................... ..............................................$ Regular Operating Expenses ........... ..............................................$ Travel.................................................. ..............................................$ Motor Vehicle Purchases ................. ..............................................$ Equipment... ....................................... ..............................................$ Real Estate Rentals.......................... ..............................................$ Per Diem, Fees and Contracts........ ..............................................$ Computer Charges............................. ..............................................$ Telecommunications......................... ..............................................$ Children's Trust Fund...................... ..............................................$ Cash Benefits ..................................... ..............................................$ Special Purpose Contracts............... ..............................................$ Service Benefits for Children. ......... ..............................................$ Purchase of Service Contracts ........ ..............................................$ Postage. ............................................... ..............................................$ Grants to County DFACS Operations ...................................... ..............................................$ Total Funds Budgeted...................... ..............................................$ Indirect DOAS Services Funding ... ..............................................$ State Funds Budgeted...................... ..............................................$
13,092,544 1,480,912
371,633 0
65,110 246,861 4,204,544 17,083,999 1,399,360 1,126,134 504,267,847 3,703,926 96,295,520 5,327,136 2,175,205
232,478,596 883,319,327
2,339,882 362,346,326
Family and Children Services Functional Budgets
Total Funds
State Funds
Director's Office Social Services Program Support Administrative Support
$
686,537
$
2,555,832
$
3,057,926
$
5,112,218
686,537 2,555,832 2,890,527 4,017,749
TUESDAY, MARCH 31, 1992
Regional Administration Public Assistance Management Information
Systems AFDC Payments SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations
Eligibility County DFACS Operations
Social Services Food Stamp Issuance County DFACS Operations
Homemakers Services County DFACS Operations
Joint and Administration County DFACS Operations
Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total
$
3,238,687
$
4,124,948
$
19,762,977
$ 493,656,745
$
100
$
2,799,421
$
8,665,581
$
98,493,966
$
73,057,976
$
2,769,480
$
7,199,934
$
47,530,589
$
6,196,131
$
15,286,328
$
1,331,734
$
33,034,023
$
5,586,136
$
1,284,414
$
6,453,207
$
39,025,289
$
0
$
144,817
$
1,012,316
$
1,252,015
$
0
$ 883,319,327
Budget Unit Object Classes: Personal Services..................................................................... Regular Operating Expenses................................................. Travel........................................................................................ Motor Vehicle Purchases....................................................... Equipment................................................................................ Real Estate Rentals................................................................ Per Diem, Fees and Contracts .............................................. Computer Charges................................................................... Telecommunications............................................................... Crippled Children's Benefits................................................. Kidney Disease Benefits ........................................................ Cancer Control Benefits......................................................... Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants........................................................................ Family Planning Benefits ...................................................... Case Services............................................................................ E.S.R.P. Case Services............................................................ Crippled Children's Clinics.................................................... Children's Trust Fund............................................................ Cash Benefits........................................................................... Special Purpose Contracts.....................................................
Service Benefits for Children................................................
4521
3,238,687 2,302,539
8,439,927 187,540,065
100 0 0
49,078,280
25,352,660 0
1,769,007
21,655,249
2,353,667 5,957,000
976,046 22,689,287 4,437,334 1,259,337 4,530,793 14,915,359
0 144,817 988,714
1,252,015 (6,685,202) 362,346,326
191,226,338 84,850,584 3,560,026
948,100 734,583 11,385,511 17,276,835 25,220,576 4,983,948 7,739,825 308,000 2,928,130
950,000 515,602 17,377,092 27,000 640,000 1,126,134 504,267,847 5,258,920 111,295,520
4522
JOURNAL OF THE HOUSE,
Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................! Institutional Repairs
and Maintenance.........................................................................$ Utilities.............................................................................................$ Postage..............................................................................................! Payments to DMA-Community Care...........................................$ Grants for Regional Maternal
and Infant Care ...........................................................................$ Grants to County DFACS -
Operations....................................................................................!
63,790,796 72,061,094
228,155 892,620 4,488,924 13,213,121
747,761
232,478,596
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.............................................................................................! 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....................................................................!
491,838,706
396,628,544 40,670,588 1,061,500
642,800 2,150,491 4,215,551 1,278,654 3,055,409 7,127,743 13,785,300
714,900
2,251,302
2,540,400
42,737,596
91,820,382
20,883,507
58,807,844 272,118
5,087,773 157,311
695,889,713 2,404,100
491,838,706
Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets
Total Funds
State Funds
Southwestern State Hospital Brook Run Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
41,076,129 31,931,058
33,119,625
24,219,370
25,028,782 11,898,958
24,859,501
20,922,996
TUESDAY, MARCH 31, 1992
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 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
29,958,870
29,651,083 134,065,263
24,769,033
46,168,106
22,848,934 3,462,612
10,468,889
4,732,745
70,594,386 20,543,104
730,484 516,969 1,085,370
58,807,844 379,214
1,406,231
280,748 340,403
4,024,668
15,650,397
90,900 9,289,013
20,054,389 10,486,551 7,138,692 4,495,461 4,546,808 14,373,575 3,017,359
889,265 759,219 5,876,529
840,054
413,506
2,786,857 695,889,713
Section 24. Department of Industry and Trade.
4523
22,055,217
20,240,554 78,383,963
19,838,559
20,046,806
17,836,908 2,622,718
10,292,581
2,884,848
42,858,386 18,467,800
702,484 516,969 1,085,370
49,774,303 379,214
1,210,731
280,748
340,403
4,024,668
15,650,397
90,900 6,169,770
19,434,389 10,110,851 7,052,692 3,874,467 3,945,409 14,373,575 3,017,359
889,265 759,219 5,876,529
840,054
413,506
2,786,857 491,838,706
4524
JOURNAL OF THE HOUSE,
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............................................. Contract - Georgia Association of Broadcasters ............................... Southern Center for International Studies..................... Lanier Regional Watershed Commission..................................... Capital Outlay................................... Total Funds Budgeted....................... State Funds Budgeted.......................
16,018.644
7,846,173 1,350,093
289,803 66,000 53,769 109,912 827,733 211,076 475,691 129,500
4,378,894
1,445,000
0
0
25,000
0
0
10,000 0
17,218,644 16,018,644
Department of Industry and Trade Functional Budgets
Total Funds
State Funds
Administration Economic Development Tourism Total
$
4,256,305
?
5,468,718
$
7,493,621
$
17,218,644
3,436,305 5,308,718 7,273,621 16,018,644
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....................................................................?
14,655,877
11,433,046 706,912 467,236 40,500 330,880
1,118,218 713,542 286,025 165,000 0
15,261,359 14,655,877
TUESDAY, MARCH 31, 1992
4525
Department of Insurance Functional Budgets
Total Funds
State Funds
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total
$
4,891,227
!
5,380,001
$
554,874
$
4,435,257
$
15,261,359
$
4,891,227
!
5,380,001
$
554,874
$
3,829,775
!
14,655,877
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....................................................................!
6,513,517
62,719,170 5,183,747 1,060,000
0 470,063 3,812,046 1,379,108 1,263,770
67,264,698 2,870,657
0 1,774,078 2,130,000 149,927,337 6,513,517
Department of Labor Functional Budgets
Total Funds
State Funds
Executive Offices/ Administrative Services
Employment and Training Services
Total
$
22,577,652
$ 127,349,685 $ 149,927,337
$
3,748,276
!
2,765,241
!
6,513,517
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....................................................................!
8,966,093
8,243,722 425,745 111,057 0 11,030 164,533 462,926 102,080 60,000 110,000
9,691,093 8,966,093
Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................! Departmental Operations Budget:
953,677,799
4526
JOURNAL OF THE HOUSE,
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 1992 Medicaid Benefits,
Penalties and DisallowancesTotal Funds Budgeted................ State Funds Budgeted................
Medical Assistance Functional Budgets
Total Funds
Commissioner's Office Benefits, Penalties
and Disallowances Community Services Systems Management Professional Services Program Compliance Institutional Policy
and Reimbursement Maternal and Child Health Total
$
55,403,074
$ 2,656,164,358
$
1,061,430
$
19,274,045
$
2,045,071
$
4,805,006
$
9,281,547
$
415,530
$ 2,748,450,060
Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration...................................................... Departmental Operations Budget:
Personal Services........................................................................... Regular Operating Expenses....................................................... Travel.............................................................................................. Equipment...................................................................................... Real Estate Rentals...................................................................... Per Diem, Fees and Contracts .................................................... Computer Charges......................................................................... Telecommunications ..................................................................... Health Insurance Payments ........................................................ Total Funds Budgeted.................................................................. Other Agency Funds..................................................................... Agency Assessments...................................................................... Employee and Employer
Contributions............................................................................. Deferred Compensation................................................................ State Funds....................................................................................
Merit System Functional Budgets
Total Funds
12,906,776 573,421 104,200 0 48,176
17,276,354 935,973 401,058
59,267,244
2,428,633,740
43,767,828 772,500
183,762,790 2,748,450,060
953,677,799
State Funds
$
2,755,065
$ 937,363,578
$
353,817
$
5,878,094
$
856,310
$
1,829,102
$
4,511,541
$
130,292
$ 953,677,799
0
7,347,732 1,679,552
81,440 37,805 912,524 92,116,066 3,301,983 283,826 701,835,729 807,596,657 47,000 9,927,543
797,490,170 131,944 0
State Funds
TUESDAY, MARCH 31, 1992
Commissioner's Office Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Total
1,693,931 2,659,945
1,279,462 1,240,213
1,290,188
27,234,367 769,635,934
2.562,617 807,596,657
Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................! Authority Lease Rentals ................................................................$ Advertising and Promotion............................................................$ Cost of Material for Resale ...........................................................$ Capital Outlay: New Construction............................................................................$ Repairs and Maintenance ..............................................................$ Land Acquisition Support .............................................................$ Wildlife Management Area Land
Acquisition....................................................................................$ Shop Stock - Parks .........................................................................$ User Fee Enhancements.................................................................$ Buoy Maintenance ..........................................................................$ Waterfowl Habitat ..........................................................................$ Paving at State Parks and
Historic Sites................................................................................! Grants:
Land and Water Conservation......................................................$ Environmental Facilities................................................................$ Historic Preservation......................................................................! Recreation.........................................................................................! Contracts: Georgia Special Olympics ..............................................................$ Georgia Sports Hall of Fame.........................................................$ Technical Assistance Contract......................................................! Corps of Engineers (Cold Water
Creek State Park)........................................................................! Georgia Rural Water
Association....................................................................................! Georgia State Games Commission................................................! U. S. Geological Survey for
Ground Water Resources ...........................................................$ U. S. Geological Survey for
4527
60,873,949
59,901,870 11,770,303
414,234 1,758,257 2,313,179 4,204,903 1,090,506
807,250 1,056,308
147,440 150,000 2,450,000
582,584 2,321,000
330,000
585,000 300,000 1,249,000 30,000
0
400,000
800,000 0
239,112 0
50,000 0
108,687
185,000
10,000 88,472
300,000
4528
JOURNAL OF THE HOUSE,
Topographic Mapping ................................................................$ Payments to Georgia Agricultural
Exposition Authority ..................................................................$ Georgia Boxing Commission..........................................................$ Total Funds Budgeted....................................................................? Receipts from Jekyll Island
State Park Authority ..................................................................$ Receipts from Stone Mountain
Memorial Association .................................................................? Indirect DOAS Funding.................................................................? State Funds Budgeted....................................................................?
0
2,510,275 5,000
96,158,380
314,594
2,122,585 200,000
60,873,949
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
?
6,691,606
?
35,097,785
?
1,709,777
?
28,880,414
?
23,778,798
?
96,158,380
$
2,305,458
?
18,303,985
$
1,603,277
?
24,653,262
?
14,007,967
?
60,873,949
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
1,595,002 1,245,998
21,450 0
85,000 29,000
0 29,000 663,000
0 3,668,450
0
Functional Budget
Total Funds
State Funds
Georgia Agricultural Exposition Authority
?
3,668,450
$
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......................................................?
84,565,386
47,718,739 6,793,660
113,000 2,391,120
654,520 0
7,735 602,000 194,150
TUESDAY, MARCH 31, 1992
4529
State Patrol Posts Repairs and Maintenance .........................................................................$
Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................$ State Funds Budgeted....................................................................$
150,000 0
58,624,924 150,000
58,474,924
2. Driver Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Conviction Reports .........................................................................$ State Patrol Posts Repairs and Maintenance.........................................................................$ Driver License Processing..............................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding...................................................$ State Funds Budgeted....................................................................$
18,632,937 1,928,201
22,000 25,000 155,700 4,507,000 39,600 590,000 85,350 236,674 290,000
30,000 1,048,000 27,590,462 1,500,000 26,090,462
Public Safety Functional Budgets
Total Funds
State Funds
Administration Driver Services Field Operations Total
$
11,496,394
$
27,590,462
$
47,128,530
$
86,215,386
$
11,496,394
$
26,090,462
$
46,978,530
$
84,565,386
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....................................................................!
13,068,855
6,950,903 2,635,118
93,200 0
102,220 385,000 100,821 143,000 594,635 3,034,584
0 14,039,481 12,769,419
2. Office of Highway Safety Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................!
395,352 28,342 9,828
0 300
4530
JOURNAL OF THE HOUSE,
Computer Charges...................... Real Estate Rentals................... Telecommunications.................. Per Diem, Fees and Contracts. Highway Safety Grants............. Total Funds Budgeted............... State Funds Budgeted...............
37,300 75,078 3,670 18,800 3,500,000 4,068,670 299,436
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 Georgia Public Safety Training Facility Total
$
4,068,670
4,996,733 836,035
1,069,733
405,954
6.731.026
$
18,108,151
299,436
4,996,733 669,375 989,733
405,954
5,707,624
$
13,068,855
Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System.................................................?
Departmental Operations Budget: Payments to Employees' Retirement System......................................................................? Employer Contributions.................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
9,622,000
472,000 9,150,000 9,622,000 9,622,000
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....................................................................?
8,501,330
6,317,008 387,583 165,442 133,328 10,682 400,600 321,189 122,366
2,098,115 9,956,313 8,501,330
Public Service Commission Functional Budgets
Total Funds
State Funds
Administration Transportation Utilities Total
?
1,587,054
?
3,101,277
?
5,267,982
?
9,956,313
1,587,054 1,760,016 5,154,260 8,501,330
Section 34. Board of Regents, University
TUESDAY, MARCH 31, 1992
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......................................................................! 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..................................................................$ Mercer Medical School Grant.......................................................! 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....................................................................!
4531
808,864.537
879,836,325 110,000,000
207,056,508 125,000,000
6,015,765
303,380 330,927 284,292 1,550,000
0 1,330,377,197
31,000,000 235,000,000 252,485,360
3,027,300 808,864,537
139,305,198
226,012,015 67,118,788
97,955,085 37,302,065
0 1,888,838
1,568,707
2,635,415 2,439,285
149,391 5,300,000
719,423 8,248,050 1,123,526
564,000 188,000
825,416
211,000
6,353,581 460,602,585
4532
JOURNAL OF THE HOUSE,
Departmental Income..................... Sponsored Income ........................... Other Funds..................................... Indirect DOAS Services Funding. State Funds Budgeted....................
0 105,270,458 215,471,229
555,700 139,305,198
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
1,730,403
3,568,530 1,321,393 126,932,625 7,343,908 48,480,466 42,134,295 185,236,971 2,468,676 2,310,069 11,298,408 2,275,827 3,277,233 22,223,781 460,602,585
1,193,615 1,383,002
870,670 11,948,894 2,050,170 31,619,954 25,498,483 28,244,086 2,468,676
458,780 11,298,408
0 46,679 22,223,781 139,305,198
C. Budget Unit: Georgia Public Telecommunications Commission.................
Public Telecommunications Commission Budget:
Personal Services................................ Operating Expenses ........................... Total Funds Budgeted....................... Other Funds........................................ State Funds Budgeted.......................
6,733,297 7,745,891 14,479,188 14,479,188
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...................................
79,711,261
50,413,948 4,336,959 1,345,175
68,500 545,324 8,268,702
TUESDAY, MARCH 31, 1992
4533
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....................................................................!
2,646,528 740,411
4,846,243
4,550,926
0 2,439,610 3,477,844 83,680,170 3,845,000 79,711,261
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 State Board of Equalization Total
$
8,010,490
$
10,375,616
$
8,671,972
$
18,195,635
$
7,778,460
$
14,754,958
$
7,234,238
$
3,401,047
$
5,210,902
$
46,852
$
83,680,170
$
8,010,490
$
10,175,616
$
8,453,972
$
17,895,635
$
6,821,460
$
13,122,958
$
7,234,238
$
3,196,138
$
4,753,902
$
46,852
$
79,711,261
Section 36. Secretary of State. Budget Unit: Secretary of State..........................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
22,555,844 15,157,659 2,224,316
176,350 305,000 169,387 964,815 2,277,620 303,710 776,987 700,000 23,055,844 22,555,844
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
!
3,208,683
!
4,429,578
$
4,382,508
$
1,591,734
!
992,756
$
276,077
$
8,174,508
!
23,055,844
$
3,068,683
$
4,354,578
$
4,287,508
$
1,555,734
$
938,756
$
276,077
$
8,074,508
$
22,555,844
B. Budget Unit: Real Estate Commission.........................................!
1,763,274
4534
JOURNAL OF THE HOUSE,
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...............
Real Estate Commission Functional Budget
State Funds
Real Estate Commission
1,763,274
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....................................................................!
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...............................................................................!
1,036,250 153,500 15,000 11,000 12,000 263,074 113,700 24,000 134,750
1,763,274 1,763,274
Cost of Operations
1,803,274
1,683,662
905,466 115,115 55,850
0 12,375 7,250 56,597 17,520 711,914 418,000 2,300,087 1,683,662
25,039,875
4,517,068 400,161 81,800 0 19,000 371,000 147,000 38,000 24,763 0
4,076,000 16,924,274 4,803,940
38,000
85,000
TUESDAY, MARCH 31, 1992
4535
Osteopathic Medical Loans .... Georgia Military Scholarship
Grants..................................... Paul Douglas Teacher
Scholarship Loans................ Total Funds Budgeted............. State Funds Budgeted.............
160,000
501,740
425,000 32,612,746 25,039,875
Georgia Student Finance Commission Functional Budgets
Total Funds
State Funds
Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total
5,100,129
0
27,013,954
498,663 32,612,746
0
0 24,541,212
498,663 25,039,875
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....................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................!
3,850,000
3,281,463 320,500 26,650 3,200 944,361 320,000 66,514 340,000
3,200,000
650,000 9,152,688 3,850,000
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......................................................................?
123,029,842
3,648,436 368,244 108,250 0 17,000 391,822 454,619 166,000 688,500
85,933,191 18,561,269
0 5,874,081
4536
JOURNAL OF THE HOUSE,
Area School Program.... Regents Program........... Adult Literacy Grants.. Total Funds Budgeted.. State Funds Budgeted..
23,632,200 2,574,577 10,000,791 152,418,980 123,029,842
Functional Budgets
Total Funds
State Funds
Administration Institutional Programs Total
$
5,842,871
$ 146,576,109
$ 152,418,980
$
4,035,076
$ 118,994,766
$ 123,029,842
Section 41. Department of Transportation. Budget Unit: Department of
Transportation ........................................................$ For Public Roads and Bridges and for other transportation activities. Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Capital Outlay .................................................................................$ Capital Outlay - Airport
Approach Aid and Operational Improvements ..................................,...........................................$ Capital Outlay - Airport Development ........................,.......................................................$ Mass Transit Grants.......................................................................$ Savannah Harbor Maintenance Payments ......................................................................................$ Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
422,658,023
226,285,207 59,053,902 1,555,799
822,000 5,187,002 5,088,058 1,307,274 2,406,075 11,922,705 687,761,072
975,335
850,000 9,342,544
750,000
1,013,306,973 422,658,023
Department of Transportation Functional Budgets
Motor Fuel Tax Budget
Total Funds
State Funds
Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total
734,931,352 229,842,531
8,689,580 22,696,537 996,160,000
$ 167,091,352
$ 218,442,531
$
8,039,580
$
22,116,537
$ 415,690,000
General Funds Budget
Total Funds
State Funds
Paving at State and Local Schools and State Institutions
Air Transportation
0 1,551,949
0 1,191,949
TUESDAY, MARCH 31, 1992
4537
Inter-Modal Transfer Facilities
Harbor Maintenance Activities
Total
$
14,845,023
$
750,000
$
17,146,973
$
5,026,073
$
750,000
$
6,968,023
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......................................................$ 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....................................................................!
21,275,542
4,374,131 109,725 71,200 0 83,100 8,800 233,487 55,500 23,000
15,255,296
6,033,934
179,000 26,427,173 21,275,542
Veterans Service Functional Budgets
Total Funds
State Funds
Veterans Assistance
Veterans Home and Nursing Facility - Milledgeville
Veterans Nursing Home - Augusta
Total
?
4,887,443
$
15,387,796
$
6,151,934
$
26,427,173
$
4,683,460
$
12,068,632
?
4,523,450
$
21,275,542
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......................................................? Payments to State Treasury..........................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
9,392,687
6,661,985 308,220 64,750 0 8,958 186,610 932,964 105,000 239,200
1,000,000 9,507,687 9,392,687
Section 44. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia
4538
JOURNAL OF THE HOUSE,
General Obligation Debt Sinking Fund State General Funds (Issued).........................................................$ Motor Fuel Tax Funds (Issued).........................................................$
287,350,469
68,310,000 355,660,469
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds 'New) ............................................................$ Motor Fuel Tax Funds (New) ............................................................$
36,777,590
0 36,777,590
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 appro priations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court
of Appeals of the State of Georgia, including salaries and retirement contributions for
judges and employees of the Court.
Section 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.
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.
TUESDAY, MARCH 31, 1992
4539
Section 51. Provisions Relative to Section 11, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state govern ment and begin implementation of said plan by the Department or a contractor when fea sible.
Section 52. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities.
Section 53. Provisions Relative to Section 15, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Section 54. Provisions Relative to Section 16, Department of Corrections. It is the intent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded probation positions and related costs.
It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possi ble.
Provided, that the Department shall require the same qualifications for contract chap lains as that for classified merit system positions with the same job duties.
It is the intent of this General Assembly that the Department is authorized to use agency funds for the purpose of planning a medical unit, a geriatrics unit, and a 500-bed county workcamp.
Section 55. 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 $1,630.20 without the cost-of-living adjustment. In addi tion, 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 1993.
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 1993 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
4540
JOURNAL OF THE HOUSE,
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 1993 that it contributed during SFY 1992.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys tem and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and mid dle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the services currently provided by the Regional Directors to local schools be continued by the Department of Education in any reorganization plan. The General Assembly intends to review the Department's reorganiza tion of regional services prior to and during the 1992 regular session.
It is the intent of this General Assembly that the Department of Education accumu late empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period. Schools not providing a dutyfree lunch period shall provide a plan for implementing a duty-free lunch period including a date for implementation. Such plan shall be submitted to the Department of Education prior to October 1 and shall include an implementation date no later than February 1.
Provided, that the Governor's Scholarship Program shall include the following gradu ates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.
Provided, that of the funds appropriated for staff and professional development, $200,000 is designated and committed to train elementary and middle school teachers in methods of teaching science and technology.
Section 56. There is included in this appropriations bill funding for HB 37, HB 38, HB 39, HB 41, HB 353, HB 588, HB 203, HB 309, and HB 310.
Section 57. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Walker Nursery remain open.
It is the intent of the General Assembly that the Forestry Commission continue com piling, publishing and distribution of the Georgia Forestry Magazine and Wood-Using Industries in Georgia publications.
Section 58. Provisions Relative to Section 22, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than Departmental internal forms.
Section 59. 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
TUESDAY, MARCH 31, 1992
4541
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 1993 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.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1993 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Continuum for Juvenile Offenders. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hos pital and that existing funds appropriated herein for mental retardation hospitals be uti lized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting. It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital. Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval. In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 funds for capital outlay projects at Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funds will be provided within existing budget and with donated funds.
4542
JOURNAL OF THE HOUSE,
It is the intent of this General Assembly that the Department of Human Resources utilize existing funds to expand the PEACH Program to Crawford County.
Section 60. Provisions Relative to Section 27, Law Department. Provided, the department is authorized to use other funds for the use of upgrading computer sys tems.
Section 61. Provisions Relative to Section 28, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department of Medical Assistance is authorized to use existing funds to adjust dispensing fees on high-cost drugs.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
Section 62. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $157.00 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employee contribution rate for the state employees health benefit plan for the months of July through December of SFY 1993 shall not exceed 14.3%. For the remaining months of SFY 1993 the rate shall not exceed 10.7%.
It is the intent of this General Assembly that the employee contribution rate for the teachers health benefit plan for the months of July through December of SFY 1993 shall not exceed 11.38%. For the remaining months of SFY 1993 the rate shall not exceed 8.66%.
Section 63. 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.
Provided that of the funds appropriated herein for Historic Preservation Grants, dis tribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to reve nues collected from a state parks parking pass implemented by the Department.
Section 64. Provisions Relative to Section 31, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accordance with the Rules and Regulations issued by the Commissioner of Public Safety.
It is the intent of this General Assembly that from the funding appropriated for the expansion of Driver Services, no funds may be expended for the purchase of licenseissuance buses or the training of license examiners after initial training.
Section 65. Provisions Relative to Section 34, Board of Regents, Univer sity System of Georgia. The Board of Regents is authorized to continue development of quality - added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
TUESDAY, MARCH 31, 1992
4543
Provided, that of the above amount, $1,500,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund.
Section 66. Provisions Relative to Section 36, Secretary of State. Pro vided, that of the funds appropriated for Occupational Certification, $75,000 is authorized for board member participation at conferences related to professional regulation.
Provided, that the funds appropriated herein for the State Ethics Commission, no more than $5,000 may be used to increase the compensation for an existing position as of March 1, 1992, and all other funds shall be used for the purposes of employing additional staff and/or operational funds for the State Ethics Commission.
Section 67. Provisions Relative to Section 40, Department of Technical and Adult Education None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Technical and Adult Education.
Provided, that of the funds appropriated herein, $25,000.00 is designated and commit ted solely for Board Member Training.
Section 68. Provisions Relative to Section 41, Department of Transporta tion. 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 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.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department-owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
4544
JOURNAL OF THE HOUSE,
It is the further intent of this General Assembly that of the $484,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist ance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
Section 69. In addition to all other appropriations for the State fiscal year ending June 30, 1993, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $300,000 for the purpose of providing funds for the Weights and Measures Warehouse, Animal Protection and Feed Division; there is hereby appropriated $9,320,000 for the purpose of providing operating funds for the State physical health labo ratories ($120,000 Budget Unit "A") and for State mental health/mental retardation insti tutions ($9,200,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 70. 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 71. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and costeffective 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 vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 72. 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.
TUESDAY, MARCH 31, 1992
4545
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 73. 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 74. 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 75. State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 76. 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 77. (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 1992 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropri ation 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 con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, 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
4546
JOURNAL OF THE HOUSE,
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 78. 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 79. 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 80. In addition to all other appropriations for State Fiscal Year 1993, there is appropriated the sum of $38,115,610 for the purposes of making adjustment to agency appropriations for ERS employer contribution rate, employer health insurance rate and implementation of House Bill 1596.
Section 81. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriation in Section 44 for "State of Georgia General Obligation Debt Sinking Fund (New)," the maximum maturi ties, user agencies and user authorities, purposes, maximum principal amounts and appro priations 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), $960,000 is specifically appropriated for the purpose of financing facilities for county and independent school systems through the State Board of Education, by means of the acquisition, construction, development, extension, enlarge ment, 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 $4,000,000 in principal amount of General Obligation Debt, the instru ments 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), $768,000 is specifically appropriated for the purpose of financing facilities for county and independent school systems through the State Board of Education, by means of the acquisition, construction, development, extension, enlarge ment, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instru ments 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), $2,470,090 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 $25,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
TUESDAY, MARCH 31, 1992
4547
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,239,260 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 $73,870,000 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), $2,734,200 is specifically appropriated for the pur pose of financing facilities for the Department of Technical and Adult Education, 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 $27,900,000 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), $1,440,000 is specifically appropriated for the pur pose of financing facilities for the Department of Technical and Adult Education, 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 $6,000,000 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), $539,000 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 $5,500,000 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), $441,000 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 $4,500,000 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), $3,183,040 is specifically appropriated for the pur
pose of financing facilities for the Georgia Ports Authority, 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 $32,480,000 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), $888,370 is specifically appropriated for the purpose of financing facilities for the Georgia Ports Authority, 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 $9,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred forty months.
4548
JOURNAL OF THE HOUSE,
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,423,940 is specifically appropriated for the pur pose of financing facilities for the Georgia Ports Authority, 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 $14,530,000 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), $343,000 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
$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), $686,000 is specifically appropriated for the purpose of financing public road, bridge, or navigational facilities for the Department of Transpor
tation, 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 $7,000,000 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), $6,958,000 is specifically appropriated for the pur pose of financing public road and bridge facilities 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, through the issuance of not
more than $71,000,000 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), $695,800 is specifically appropriated for the purpose of financing public road, railroad, or bridge facilities for the Department of Transporta
tion, 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 $7,100,000 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), $1,960,000 is specifically appropriated for the pur pose of financing 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, through the issuance of not more than $20,000,000 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), $352,800 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 $3,600,000 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), $392,000 is specifically appropriated for the purpose
TUESDAY, MARCH 31, 1992
4549
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 $4,000,000 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), $122,500 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority (Markets), by means of the acqui sition, 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 $1,250,000 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), $245,000 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 $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), $46,550 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 $475,000 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), $27,440 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 $280,000 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), $901,600 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, 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 $9,200,000 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), $1,960,000 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 $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 82. Cost-of-Living The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) For full-time employees of the Executive, Judicial and Legislative
4550
JOURNAL OF THE HOUSE,
branches of State Government, a 2.5% increase with a maximum of $1,000 effective Octo ber 1, 1992; 2.) For Technical and Adult Education employees, a 2.0% increase for instruc tional personnel effective October 1, 1992 and a 1.0% increase effective January 1, 1993 and for non-instructional personnel a 2.5% increase with a maximum of $1,000 effective October 1, 1992; 3.) For teachers, public librarians, and other instructional and support personnel, an increase from $18,541 to $18,911 for the T-4 entrance level, effective October 1, 1992; an increase from $18,911 to 19,100 for the T-4 entrance level, effective January 1, 1993; 4.) For school bus drivers and lunchroom workers, a 2.5% increase effective Octo ber 1, 1992; 5.) For University System employees, a 2.5% salary increase with a maximum of $1,000 for non-instructional personnel effective October 1, 1992; 0.5% increase in the formula adjustment; 6.) For employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and Agricultural Experiment Stations, a 2.5% increase with a maximum of $1,000; 7.) An increase of 2.5% with a maximum of $1,000 for each State official (excluding the Lieuten ant Governor and General Assembly members) whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.
Section 83. It is the intent of this General Assembly that the Georgia State Financ ing and Investment Commission utilize the funds appropriated to it in this appropriations bill, together with surplus and reserve funds available from the Georgia Building Authority (Hospital) to defease all undefeased outstanding bonds of the Georgia Building Authority (Hospital).
Section 84. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1992.. ..........................................................$
8,174,000,000
Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 86. 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 1261.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford N Ashe N Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron
N Barnett.B N Barnett.M Y Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks N Brown N Brush Y Buck Y Buckner YByrd
N Campbell N Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers
N Clark.E Y Clark.L E Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B N Cummings.M N Davis.D Y Davis.G N Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
N Elliott N Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden N Goodwin
Green Y Greene
Griffin Y Groover E Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J N Heard Y Henson
Y Herbert Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston N Klein
NLadd Y Lane.D Y Lane.R
Langford N Lawrence N Lawson YLee YLong YLord N Lucas NMann Y Martin Y McBee Y McCoy Y McKelvey N McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit N Pinholster Y Pinkston YPoag Y Porter Y Poston N Powell.A Y Powell.C
N Presley Y Purcell Y Randall
TUESDAY, MARCH 31, 1992
4551
Ray 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 Y Snow
Y Stancil.F
N Stancil.S
Y Stanley Y Streat
Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond
N Titus
On the motion, the ayes were 131, nays 39. The motion prevailed.
N Tolbert N Townsend
Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J
Y Walker.L
N Wall
Y Watson Y Watts
White N Wilder N Williams.B Y Williams,J Y Williams.R
Y Yeargin
Murphy.Spkr
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 "nay" thereon.
SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, fur ther, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative intent; to define certain terms.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 735
The Committee of Conference on SB 735 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 735 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Moye Senator, 34th District
/s/ Grace Davis Representative, 29th District
/s/ David Scott Senator, 36th District
/s/ Bob Holmes Representative, 28th District
/s/ Walter S. Ray Senator, 19th District
/s/ Gail Buckner Representative, 72nd District
A BILL
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activ ity and to willfully promote, further, and assist in any felonious criminal conduct by mem bers of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative intent; to define certain terms; to provide for certain enhanced or mandatory penalties with respect to the commission of certain crimes in con nection with street gang activity; to provide exceptions; to provide exceptions to the appli cation of this Act; to provide for applicability of this Act with respect to local ordinances
4552
JOURNAL OF THE HOUSE,
relating to street gang activity; to provide for construction; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding at the end thereof a new Chapter 15 to read as follows:
"CHAPTER 15
16-15-1. This chapter shall be known and may be cited as the 'Georgia Street Gang Terrorism and Prevention Act.'
16-15-2. (a) The General Assembly finds and declares that it is the right of every person regardless of race, color, creed, religion, national origin, sex, age, or handicap to be secure and protected from fear, intimidation, and physical harm caused by the activi ties of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
(b) The General Assembly, however, further finds that the State of Georgia is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neigh borhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected.
(c) The General Assembly finds that there are criminal street gangs operating in Georgia and that the number of gang-related murders is increasing. It is the intent of the General Assembly in enacting this chapter to seek the eradication of criminal activ ity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs which together are the chief source of terror created by street gangs.
(d) The General Assembly further finds that an effective means of punishing and deterring the criminal activities of street gangs is through forfeiture of the profits, pro ceeds, and instrumentalities acquired, accumulated, or used by street gangs.
16-15-3. As used in this chapter, the term: (1) 'Criminal street gang' means any ongoing organization, association, or group of
three or more persons, whether formal or informal, having as one of its primary activi ties the commission of one or more of the criminal acts enumerated in subparagraphs (A) through (K) of paragraph (2) of this Code section and which has a common name or common identifying sign or symbol and the members of which, individually or col lectively, engage in or have engaged in a pattern of criminal gang activity.
(2) 'Pattern of criminal gang activity' means the commission, attempted commis sion, or solicitation of two or more of the following offenses, provided at least one of those offenses occurred after July 1, 1992, the last of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions or by two or more persons:
(A) Aggravated assault, as defined in Code Section 16-5-21; (B) Aggravated battery, as defined in Code Section 16-5-24; (C) Robbery, as defined in Code Section 16-8-40; (D) Armed robbery, as defined in Code Section 16-8-41; (E) Murder or felony murder, as defined in Code Section 16-5-1; (F) Voluntary manslaughter, as defined in Code Section 16-5-2; (G) Involuntary manslaughter, as defined in Code Section 16-5-3; (H) The unlawful sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture a controlled substance in violation of any provision of Article 2 of Chapter 13 of this title, the 'Georgia Controlled Substances Act'; (I) Terroristic threats and acts, as defined in Code Section 16-11-37;
TUESDAY, MARCH 31, 1992
4553
(J) Arson in the first degree, second degree, or third degree, as defined in Code Section 16-7-60, 16-7-61, or 16-7-62; or
(K) Influencing witnesses, as defined in Code Section 16-10-93. 16-15-4. (a) Except as otherwise provided in subsections (b) and (c) of this Code section, any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and who willfully promotes, furthers, or assists in any felonious criminal conduct by mem bers of that gang shall be guilty of a misdemeanor. (b) (1) Except as provided in paragraph (2) of this subsection or subsection (c) of this Code section, any person who is convicted of a felony which is committed for the benefit of, at the direction of, or in association with any criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one, two, or three years at the court's discretion. The court shall order the imposition of the middle term of the sentence enhancement unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its choice of sentence enhancements on the record at the time of the sen tencing.
(2) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in paragraph (1) of this subsection in an unusual case where the interest of justice would best be served if the court specifies on the record the circumstances indicating that the interest of justice would best be served by such disposition. (c) Any person who violates subsection (b) of this Code section in the commission of a felony punishable by imprisonment for life shall not have the sentence suspended, probated, deferred, or withheld prior to such person serving a minimum of 15 years. 16-15-5. (a) Any person who is convicted of a public offense punishable as a misde meanor which is committed for the benefit of, at the direction of, or in association with any criminal street gang shall be punished by imprisonment in the county jail for a period not to exceed one year, provided that the person's sentence shall not be sus pended, probated, deferred, or withheld prior to such person serving a minimum of 180 days. (b) Notwithstanding any other provision of law, the court may refuse to impose the minimum jail sentence for misdemeanors as provided in subsection (a) of this Code sec tion in an unusual case where the interests of justice would best be served if the court specifies on the record and circumstances indicating that the interests of justice would best be served by such disposition. 16-15-6. This chapter does not apply to employees engaged in concerted activities for their mutual aid and protection or to the activities of a labor organization or its mem bers or agents. 16-15-7. Nothing in this chapter shall prevent a local governing body from adopting and enforcing ordinances relating to gangs and gang violence which are consistent with this chapter. Where local laws duplicate or supplement the provisions of this chapter, this chapter shall be construed as providing alternative remedies and not as preempting the field."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
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JOURNAL OF THE HOUSE,
Representative Buckner of the 72nd moved that the House adopt the report of the Committee of Conference on SB 735.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong N Blitch N Bordeaux
Bostick Y Branch Y Breedlove N Brooks N Brown Y Brush Y Buck Y Buckner
YByrd Y Campbell
Y Canty Carrell
Y Carter N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
N Clark.E N Clark.L E Coker Y Coleman N Colwell Y Connell Y Culbreth N Cummings,B N Cummings.M N Davis.D Y Davis.G Y Davis.M N 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
Green Greene Y Griffin N Groover E Hamilton N Hammond Y Manner Y Harris.B Y Harris.J
N Heard N Henson
Y Herbert N Holland Y Holmes Y Howard Y Hudson N Irwin Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore YKing Y Kingston
Klein YLadd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee YLong YLord Y Lucas YMann N Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam
On the motion, the ayes were 130, nays 37. The motion prevailed.
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr N 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 Presley Y Purcell
N Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill N Simpson
Y Sinkfield
Y Skipper Y Smith.L N Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow
N Stancil.F N Stancil.S Y Stanley Y Streat N Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus N Tolbert Y Townsend N Turnquest Y Twiggs N Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder
N Williams.B Y Williams,J Y Williams.R N Yeargin
Murphy,Spkr
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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 155
The Committee of Conference on SB 155 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 155 be adopted.
Respectfully submitted,
TUESDAY, MARCH 31, 1992
4555
FOR THE SENATE:
/s/ Sanford D. Bishop Senator, 15th District
/s/ David Scott Senator, 36th District
Gene Walker Senator, 43rd District
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Suzi Herbert Representative, 76th District
/s/ DuBose Porter Representative, 119th District
/s/ Thomas M. Kilgore Representative, 42nd District
A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to reorganization or consolidation plans relating to school systems' local facilities; to change the provisions relating to petitions; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking paragraph (4) of subsection (k.l) of Code Section 20-2-260, relating to capital outlay funds generally, as enacted by SB 488 adopted at the 1992 session of the General Assembly of Georgia, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within that system. A peti tion with the signature of at least 25 percent of the qualified, registered voters within that system's jurisdiction must be filed with the board of education within 60 days after the notice of intent to file a petition has been received by the board. The signatures on the petition must be validated against the official list of registered voters;"
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on SB 155.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Y Aiken Y Alford Y Ashe
Y Atkins Y Baker
Y Balkcom
Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux
Y Bostick
Y Branch
Y Breedlove
Y Brooks Y Brown
Y Brush Y Buck Y Buckner
Y Byrd Y Campbell
Y Canty
Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Y Clark.L E Coker
Y Coleman
Y Colwell
Y Connell
Y Culbreth Y Cummings,B
Cummings.M Y Davis.D
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
Green Greene
Y Griffin Y Groover E Hamilton
Y Hammond Y Manner
Y Harris,B
Y Harris,J Y Heard
Y Henson Y Herbert 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 Y Lane.R
Langford
Y Lawrence Y Lawson
Y Lee Y Long Y Lord
Lucas Y Mann Y Martin
Y McBee Y McCoy
Y McKelvey
McKinney.B
Y McKinney.C
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JOURNAL OF THE HOUSE,
Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock
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 Presley Y Purcell Y Randall
YRay Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Sinkfield Y Skipper Y Smith.L
Y Smith,? Y Smith.T Y Smith, W Y Smyre
Snow Stancil.F Y Stancil.S Y Stanley 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 Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the motion, the ayes were 158, nays 0. The motion prevailed.
SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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 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 who served in World War I, World War II, the Korean War, the Vietnam War, and Opera tion Desert Storm; to provide for procedures and qualifications for the issu ance of such license plates; to provide for fees.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 505
The Committee of Conference on SB 505 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 505 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Paul C. Broun Senator, 46th District
/s/ Jerry D. Jackson Representative, 9th District
/s/ Jack Hill Senator, 4th District
/s/ B. E. Parham Representative, 105th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Bobby Harris Representative, 84th District
A BILL
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to prestige license plates and special license plates for certain persons and vehicles, so as to provide for the issuance of special reservist license plates to certain per sons who are members of reserve units or the National Guard in an adjoining state; to pro vide for fees; to provide for conditions; to provide for special license plates for veterans of the armed forces of the United States who served in World War I, World War II, the Korean War, the Vietnam War, and Operation Desert Storm and for licensed emergency medical technicians; to provide for procedures and qualifications for the issuance of such
TUESDAY, MARCH 31, 1992
4557
license plates; to provide for fees; to provide for transfer of such plates; to provide for related matters; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to specify the location for placement of revalidation decals; to provide for special license plates for licensed emergency medical technicians; to require certain vehicle dealers to obtain a certificate of title in their names after obtaining a vehicle; to exempt migrant farm workers from obtaining a Georgia driver's license under certain conditions; to change certain provisions relating to reports of convictions of traffic violations; to change certain provisions relating to habitual violators; to change certain pro visions relating to periods of suspension and conditions of reinstatement of a driver's license; to change certain conditions relating to issuance of limited driving permits; to pro vide for procedures upon notice of cancellation of minimum required motor vehicle insur ance; to provide for sanctions for improper cancellation reports; to provide for licensing fees and surety bonds for driver improvement clinics; to clarify the mandatory nature of DUI Alcohol or Drug Use Risk Reduction Programs; to provide for the licensing of instruc tors to teach the required alcohol and drug program for teen-age drivers; to provide for fees; to provide for the authority of the commissioner of public safety and the commis sioner of human resources with respect to the administration of certain driver improve ment programs; to change certain requirements and provisions relative to issuance of personal identification cards; to provide that a person shall be disqualified from driving a commercial motor vehicle if convicted of a first violation of any offense specified in Code Section 40-5-54 while driving a commercial motor vehicle; to provide that the rules of the road are applicable to motorcycles; to change certain speed limits for school buses; to change certain posting requirements for parking areas with regard to operation of motor vehicles; to provide for notice to the sentencing court and the department of public safety of completion of a DUI Alcohol or Drug Use Risk Reduction Program; to prohibit covering the headlights of any motor vehicle with any type of material; to exempt law enforcement officers from the restrictions on affixing materials to windshields or windows to reduce light transmission; to change certain tire tread requirements for school buses; to repeal the requirement that motor vehicle manufacturers file their warranties with the department; to change certain procedures relating to prosecution of traffic offenses; to provide for transfers of bonds; to provide for procedures for operation of traffic violations bureaus; to authorize an officer to require surrender of the driver's license at the time of citation; to provide that certain offenses shall not be disposed of by a traffic violations bureau; to clar ify certain procedures relative to the use of radar; to correct certain stylistic, capitalization, and punctuation errors; to revise and modernize certain language; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, prestige plates and special license plates for certain persons and vehicles, is amended by striking Code Section 40-2-65, relating to special license plates for members of active reserve components of the United States, in its entirety and inserting in lieu thereof a new Code Section 40-2-65 to read as follows:
"40-2-65. (a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars or trucks used for personal transportation to identify such vehicle owner as a reservist. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. For each additional license
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plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinc tively the owner as a member of the 'United States military reserve.' The major com manders of each active reserve component program shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adju tant general of each neighboring state shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of that state's National Guard unit who reside in Georgia.
(b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the 'United States military reserve,' such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said reservist acquire another motor vehicle, the license plate issued pursu ant to this Code section may be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $1.00 $5.00 for the transfer of any other reservist license plate.
(2) Should an active reservist who has been issued a free license plate be dis charged or otherwise separated from his reserve unit, the immediate commanding offi cer of such active reservist shall obtain the discharged member's free license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been discharged, and thereupon the com missioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate. Should an active reservist enlist or be commis sioned after he has purchased a regular license plate for the current year, the com manding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the com missioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (c) The commissioner shall promulgate such rules and regulations as may be neces sary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commis sioner. The commissioner is specifically authorized to promulgate all rules and regula tions necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
Section 1.1. Said article is further amended by striking in its entirety and inserting in lieu thereof a new Code Section 40-2-85.1 to read as follows:
"40-2-85.1. (a) Motor vehicle owners who are retired veterans of the armed forces of the United States or persons who served during World War I World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recrea tional vehicles used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code
TUESDAY, MARCH 31, 1992
4559
section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A retired veteran who qualifies for the special and distinctive license plate pursu ant to subsection (a) of this Code section shall make application therefor with the com missioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plates for the wars or military operation described in subsection (a) of this Code section until a minimum of 250 applications have been received for a distinctive license plate for a specific war or military operation. After receipt of 250 applications for such a distinctive license plate for such war or mili tary operation, the commissioner shall design a distinctive license plate for that war or military operation as provided in subsection (c) of this Code section and issue the dis tinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications for a specific war or military operation by July 31 of the year preceding the year of issuance of such plates, the com missioner shall not accept any applications for nor issue such distinctive license plates for that war or military operation, and all fees shall be refunded to applicants. The com missioner 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 pas senger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00. The commissioner is specifically authorized to promulgate all rules and regu lations 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.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to iden tify distinctively the owners as retired veterans of the armed forces of the United States or persons who served during World War Ij World War II, the Korean War, the Vietnam War, or Operation Desert Storm.
(d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a retired veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the retired veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80.
(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an addi tional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
Section 1.2. Said article is further amended by inserting at the end thereof a new Code Section 40-2-86 to read as follows:
"40-2-86. (a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia and who are emergency medical technicians duly licensed by this state, upon application accompanied by proof of ownership of such license and upon full compliance with the state motor vehicle laws in relation to regis tration and licensing of motor vehicles and upon payment of an additional fee of $40.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed a distinctive insignia and the letters 'EMT.' The commissioner may consult with any organizations representing emergency medical technicians and with emergency medical technicians residing in this state in the design of the special license plate autho rized by this subsection.
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(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should an emergency medical technician acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80.
(c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an addi tional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.
(d) The commissioner shall retain all applications for such special emergency medical technicians' license plates until a minimum of 250 applications have been received. If the commissioner does not receive the required minimum of 250 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No emergency medical technician shall be entitled to more than one special and distinctive motor vehi cle license plate."
Section 1.3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-2-8, relating to operation of a vehicle without a current license plate or revalidation decal, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a num bered license plate and current revalidation decal affixed to the upper right-hand corner of the license plate, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and pro vided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that he has prop erly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him, then the owner shall not be subject to the above penalties."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-3-33, relating to transfers of vehicles to dealers, and inserting in lieu thereof a new sub section (a) to read as follows:
"(a) (1) A Except as provided in paragraph (2) of this subsection, a dealer who buys a vehicle and holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him. Upon transferring the vehicle to another person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vehicles under this Code section shall otherwise conform with Code Section 40-3-32. A dealer selling a previously registered vehicle which under this chapter need not have a certificate of title need not furnish
TUESDAY, MARCH 31, 1992
4561
a purchaser of such a vehicle a certificate of title. After a previously registered vehicle has been brought under the terms of this chapter, a dealer, when selling that vehicle, shall conform to all provisions of this chapter.
(2) (A) As used in this paragraph, the term 'franchise dealer' means a dealer who under a contract or franchise agreement with a manufacturer, distributor, whole saler, or importer is authorized to sell new motor vehicles of or for such manufac turer, distributor, wholesaler, or importer and who is authorized to use trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales.
(B) A dealer who is not a franchise dealer who acquires a vehicle for which the original certificate of title has not been issued and who holds such vehicle for resale shall not be exempt from the requirement to obtain a certificate of title in such dealer's name as provided in paragraph (1) of this subsection. Such dealer shall, as provided in Code Section 40-3-32, obtain a certificate of title in such dealer's name prior to selling or otherwise transferring said vehicle to any other person or dealer."
Section 3. Reserved.
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-5-21, relating to exemptions generally from the driver's license laws, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in Article 7 of this chapter, the 'Georgia Uniform Commer cial Driver's License Act,' the following persons are exempt from licenses under this chapter:
(1) Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver's license;
(2) A nonresident who is at least 16 years of age and who has in his immediate possession a valid license issued to him in his home state or country;
(3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his home state, and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state;
(4) Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his return to the United States;
(5) Any inmate or resident patient of a state, county, or municipally owned institu tion who drives a vehicle while on the grounds of such institution and while accompa nied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and supervise such inmate or resident patient;
(6) Any person driving or operating a farm tractor or farm implement temporarily operated on a highway for the purpose of conducting farm business;
(7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or munici pality and being operated with the written approval of the warden or superintendent and in such manner and for such purpose as may be specified by the warden or super intendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licens ing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests;
(8) A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve components of the armed forces; ad
(9) Any person seeking to obtain a driver's license while taking the driving exami nation for such license accompanied by a driver license examiner of the department or a certified examining agent of the department;; and
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(10) Any migrant farm worker who works in this state less than 90 days in any cal endar year and who possesses a valid driver's license issued by another state."
Section 5. Said title is further amended by striking Code Section 40-5-22.1, relating to reinstatement of the driver's license of a person under 16 years of age convicted of driv ing under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof a new Code Section 40-5-22.1 to read as follows:
"40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion ef a certified assessment component etftA the education/intervention compo ncnt er the intensive intervention component of a DUI alcohol and drug use risk- rcduc tien program as prescribed Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or operated by er under contract with an assess ment and intervention program approved by the juvenile court and pays a fee of $36.00 $210.00 to the Department of Public Safety or $26.00 $200.00 when such application is processed by mail. The court shall notify the Department of Public Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Public Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."
Section 6. Said title is further amended by striking Code Section 40-5-53, relating to when courts are to send drivers' licenses and reports of convictions to the Department of Public Safety, in its entirety and inserting in lieu thereof a new Code Section 40-5-53 to read as follows:
"40-5-53. (a) Whenever any person is convicted of any offense for which this chap ter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction.
(b) Except as provided in subsection (e) ef- this Code section, every Every court in each 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 and having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the convic tion of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chap ter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25c for each report forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25$ fee as additional compensation.
(c) Every court in a each county of this state having a population of 300,000 w less than 550,000 according to the 1080 decennial census United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter or Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uni form citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25<t for each report forwarded; and in those cases where the clerk receiving such 25$ fee is compensated solely on a fee
TUESDAY, MARCH 31, 1992
4563
basis, the clerk shall retain such 25c fee as additional compensation. In those cases where the clerk receiving such 25<t fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall be paid over to the city or county oper ating the court, unless expressly provided otherwise in a local law relating to the com pensation of such clerk."
Section 7. Said title is further amended by striking subsection (d) of Code Section 40-5-57, relating to suspension of a driver's license for assessment of points, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Any person who has such points assessed against him as to require the suspen sion of his license pursuant to subsection (a) or (b) of this Code section shall have his license suspended as follows:
(1) Upon a first assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 66 days ef suspension completion of the requirements set forth in Code Section 40-5-84, such person may apply to the depart ment for the return of his license;
(2) For a second assessment of the requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, the period of suspension shall be three years, provided that at any time after 96 days ef suspension completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license; and
(3) For a third assessment of requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, such person shall have his license suspended for a period of two years. Such person shall not be eligible for early return of his license or for a limited driving permit as provided in Code Section 40-5-64 during such two-year period."
Section 8. Said title is further amended by striking subparagraph (e)(6)(A) of Code Section 40-5-58, relating to habitual violators' probationary licenses, in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) (i) Any probationary licensee violating the provisions of paragraph (4) of this subsection or operating a vehicle in violation of any conditions specified in this sub section shall be guilty of a misdemeanor.
(ii) Any Except as provided in division (iii) of this subparagraph, any probationary licensee whe is convicted ef violating; er whe pleads ete contcndcre -to hafge f violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.
(iii) Any probationary licensee violating any state law or local ordinance involving a felony offense listed in Code Section 40-5-54 shall be guilty of a felony and shall be punished as is provided for conviction of such felony."
Section 9. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of sus pension 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
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shall be reinstated after the expiration of 120 days only if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mai!2 provided that if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated if such person submits proof of completion of either an approved defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Pro gram and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alco hol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a per son 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 per son 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code' Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be rein stated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a res toration fee of $36.00 $210.00 or $26.00 $200.00 when processed by maili t provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated upon submission of proof of completion of either an approved advanced defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and payment of the prescribed restoration fee. For pur poses of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years,
as measured from the dates of previous arrests for which convictions were obtained
or pleas of nolo contendere were accepted to the date of the current arrest for which
a plea of nolo contendere is accepted, shall be considered and counted as convictions.
TUESDAY, MARCH 31, 1992
4565
(b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that the license suspension of a person who refused to submit to a test or tests provided in Code Section 40-5-55, but who within 180 days of the date of arrest enters a plea of guilty to a charge of violating Code Section 40-6-391, shall be deleted upon the acceptance of such plea and receipt by the Department of Public Safety of an authorization from the prosecutor or, where there is no prosecutor, from the judge authorizing the deletion. If a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393 or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months. Notwithstanding the provisions of subsection (a) of this Code section which provide for the early reinstatement of a driver's license, the Department of Public Safety shall not reinstate a driver's license during any period of suspension imposed under this subsection."
Section 10. Said title is further amended by striking subsection (e) of Code Section 40-5-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Any person convicted of violating subsection (a) or subsection (c) of Code Sec tion 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to seri ous injury by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction."
Section 11. Said title is further amended by striking subsection (e) of Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A permit issued pursuant to this Code section shall be $6.00 $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or upon the expiration of 120 days following conviction in the case of a suspension for a violation of Code Section 40-6-391, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit; immediately follow ing such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
Section 12. Said title is further amended by striking subsection (a) of Code Section 40-5-71, relating to the procedure upon notice of cancellation of minimum required motor vehicle insurance, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) In cases in which the minimum motor vehicle insurance required by Chap ter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the effective date ef the cancellation date on which the policy cannot be reinstated to maintain coverage continuously in force,
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JOURNAL OF THE HOUSE,
shall notify the Department of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation, fe the event a canceled pe4-
occura after the insurer has notified the department of the cancellation, the inaurcr, witnm live dflys alter tnc date tnc policy wao reinstated, snail notity tne department m the form specified fey the department of such reinstatement. For the purposes of aiding in the enforcement of the requirement of minimum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. For the purposes of- this Code section, cancellation shall be defined fey regulation of the department. The com missioner of public safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Public Safety by any insurer in violation of the regulation of the Department of Public Safety defining a cancella tion and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commis sioner of Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(2) The Department of Public Safety shall, by regulation, define cancellation for the purposes of insurers sending the notices required by this Code section and the department's definition shall in no way be construed as modifying the provisions of Code Section 33-24-45.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregu larities in the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation."
Section 13. Said title is further amended by striking Code Section 40-5-75, relating to the suspension of a driver's license for conviction of possession of a controlled substance or marijuana, in its entirety and inserting in lieu thereof a new Code Section 40-5-75 to read as follows:
"40-5-75. (a) The driver's license of any person convicted of possession of a con trolled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(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 sus pension shall be for not less than 180 days. At the end of 180 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of the assessment component ad cither the education/intervention component or the intcnsivc intervention component OT ft uui Qlconoi OP uru^j tisc FISK reduction ppo^rfliri ds prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Public Safety a res toration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of the intensive intervention component of t trLJl flrconol Of drug use FISK reduction pro^rsm ds prcscnocd 3 D ul Aiconpi or
TUESDAY, MARCH 31, 1992
4567
Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment pro gram. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the appli cant would be prohibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organiza tions for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner.
(b) Whenever a person is convicted of possession of a controlled substance or mari juana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30, the court in which such conviction is had shall require the sur render to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, however, that, effective January 1, 1992, if, at the time of conviction of unlawful possession of a controlled substance or marijuana, the person does not have a driver's license or the person's driver's license has been previ ously suspended, the periods of suspension specified by this Code section shall not com mence until the person applies for the issuance or reinstatement of a driver's license.
(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discre tion of the judge. If a plea of nolo contendere is accepted as provided in this subsec tion, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete tae assessment and education/intervention components ef- a First Offender a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipu late that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such pro gram by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety.
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JOURNAL OF THE HOUSE,
(2) If a plea of nolo contenders is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety. (d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required componcnts of ft ULJl fllconol or ctru^ use risK rcdiiction j?ro|jpftii 3 IJLJ^I Aiconpi or i_/ru^ LJSG Risk Reduction Program and a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit. (e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section. (f) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driv ing permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both. (g) Notwithstanding the provisions of Code Section 15-11-38 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for possession of marijuana or a controlled substance in viola tion of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section.
(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a assessment component end eat education/intervention component er intensive intervention component ef a BtH alcohol or drug se risk reduction program operated by or under contract with the juvenile court He ef a program as prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or an assessment and intervention program approved by the juvenile court."
Section 14. Said title is further amended by striking Code Section 40-5-80, relating to the purpose of the "Georgia Driver Improvement Act," in its entirety and inserting in lieu thereof a new Code Section 40-5-80 to read as follows:
"40-5-80. The purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI alcohol or drug use mk reduction programs Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Public Safety shall:
(1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the Board of Public Safety and shall, as best as the board shall determine, approxi mate the expense incurred by the Department of Public Safety in consideration of an application. These licenses shall be valid for a period of two years unless suspended or revoked prior to the expiration of that time period; and
TUESDAY, MARCH 31, 1992
4569
(2) Require, in addition to the criteria for approval of driver improvement clinics established by the commissioner of public safety, as provided in subsection (a) of Code Section 40-5-83, that every driver improvement clinic shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Public Safety and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the Board of Public Safety; however, in no event shall this amount be less than $2,500.00. If at any time said bond is not valid and in force, the license of the clinic shall be deemed suspended by operation of law until a valid surety company bond is again in force."
Section 15. Said title is further amended by striking Code Section 40-5-81, relating to the optional nature of certain driver improvement programs, in its entirety and insert ing in lieu thereof a new Code Section 40-5-81 to read as follows:
"40-5-81. (a) This article is intended to provide aft additional method for th rcstorfltion OT tfte licenses ot tnose persons whose upivePS" licenses nflve ueen suspended "O?
Snftll tee voluntflry on the psrt of escn urivep wttiim tins stste, &nd no driver sndil tee compelled to participate tft the driver improvement program established under this arti cle; This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with this article shall be an alternative method fey which a
department and snail ~oe tft addition t tnc methods provided tor tnc restoration or a driver s license or tnc issuance or a limited driving permit Dy /Yrticlc t? of tins cnaptcr.
(b) Whenever any person is authorized or required to attend a driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improve ment clinic or program DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, pro bation officer, law enforcement officer, or other officer or employee of a court from fur nishing any person, upon request, the names of certified driver improvement clinics or programs DUI Alcohol or Drug Use Risk Reduction Programs."
Section 16. Said title is further amended by striking subsection (c) of Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behind the wheel training. The alco hol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course."
Section 17. Said title is further amended by striking Code Section 40-5-84, relating to reinstatement of licenses suspended for certain offenses or points, in its entirety and inserting in lieu thereof a new Code Section 40-5-84 to read as follows:
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"40-5-84. (a) Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is sus pended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol e* d*g course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail.
(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expira tion of 120 days following the date the license is suspended, be reinstated by the depart ment upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail.
(c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol er drug courac DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail.
(d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of com pletion of an advanced defensive driving course or an approved advanced alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restora tion fee of $36.00 $210.00 or $26.00 $200.00 when such reinstatement is processed by mail."
Section 18. Said title is further amended by striking Code Section 40-5-86, relating to reduction of point count upon completion of course, in its entirety and inserting in lieu thereof a new Code Section 40-5-86 to read as follows:
"40-5-86. Upon the accumulation of eight points or more pursuant to Code Section 40-5-57, the total number of points accumulated by any driver shall be reduced by seven points upon the satisfactory completion by such driver of an approved defensive driving course or an approved basic alcohol er drug courac DUI Alcohol or Drug Use Risk Reduction Program and the submission of a certificate by such driver to the depart ment. The provisions of this Code section shall be available one time only to each driver in any ten-year period."
Section 19. Said title is further amended by striking Code Section 40-5-88, relating to administrative penalties, in its entirety and inserting in lieu thereof a new Code Section 40-5-88 to read as follows:
"40-5-88. As an alternative to criminal or other civil enforcements, the commissioner of public safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each viola tion, whenever the that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of public safety or the commissioner of human lesources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of public safety or the commis sioner of human resources, as appropriate, may file, in the superior court (1) wherein
TUESDAY, MARCH 31, 1992
4571
the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the such commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumu lative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."
Section 20. Said title is further amended by striking Code Section 40-5-100, relat ing to identification cards for persons without drivers' licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-100 to read as follows:
"40-5-100. (a) The Department of Public Safety shall issue personal identification cards to all persons residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinc tive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehi cle drivers' licenses and shall contain a recent color photograph of the applicant and include the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5> Sex; (6) Height; (7) Weight; (8) Eye color; (9) Post where the identification card was issued; and (10) Signature of person identified. (b) The identification card shall be valid for four years and shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the per son identified or any number the department deems necessary to implement this Code section."
Section 21. Said title is further amended by striking subsection (a) of Code Section 40-5-151, relating to disqualification from driving a commercial motor vehicle, and insert ing in lieu thereof the following:
"(a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If convicted of a first violation of: (A) Any offense specified in Code Section 40-5-54 that occurs while the person
is driving or being in actual physical control of a moving commercial motor vehicle; or
under trie influence or fllconoi of drills, fts provideti tti oodc ocction
(B) Driving or being in actual physical control of a moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; or (2) For refusal to submit to a test as prescribed in paragraph (1) of subsection (a) of Code Section 40-6-392 to determine the driver's alcohol concentration while driving a commercial motor vehicle."
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Section 22. Said title is further amended by striking Code Section 40-6-11, relating to the applicability of the rules of the road, in its entirety and inserting in lieu thereof a new Code Section 40-6-11 to read as follows:
"40-6-11. (a) For the purposes of this Code section, 'motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped.
<)--Except as provided in subsections &)-, {4)r and {e> ef- this Code section, the provi-
(e) (b) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor.
4d-> (c) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his immediate possession or on the motorcycle at all times when such person is operating the motorcycle. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection.
{e} (d) Every law enforcement officer in this state shall request the operator of a motorcycle to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator."
Section 23. Said title is further amended by striking Code Section 40-6-160, relat ing to speed limits for school buses, in its entirety and inserting in lieu thereof a new Code Section 40-6-160 to read as follows:
"40-6-160. (a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful to operate:
(1) A school bus transporting school children to and from school or to and from school activities at a speed greater than 40 miles per hour on a public road other than one which is a part of a National System of Interstate and Defense Highways; or
(2) A school bus transporting school children to and from school or to and from school activities on a public road which is a part of a National System of Interstate and Defense Highways at a speed greater than 6S 55 miles per hour. (b) When a school bus is transporting school children to or from an event or school activity or an express bus transporting students from one school to another school and is not loading or unloading children during such transportation, the speed limit shall be 6 55 miles per hour on other public roads as well as on those public roads which are a part of the National System of Interstate and Defense Highways."
Section 24. Said title is further amended by striking subsection (a) of Code Section 40-6-252, relating to parking, standing, or driving a motor vehicle in a private parking area after being requested not to do so, in its entirety and inserting in lieu thereof a new sub section (a) to read as follows:
"(a) No person shall, after having been requested not to do so by a law enforcement officer or an authorized agent of the owner, park or stand an occupied or unoccupied motor vehicle in or repeatedly drive a motor vehicle through or within a parking area located on privately owned property and provided by a merchant, group of merchants, or shopping center or other facility for customers if:
(1) The parking area is identified by at least one sign as specified in this para graph, and if the parking area contains more than 150 parking spaces then by at least one such sign for every i&6 parking spaces at each entrance to the parking area, each such sign containing the following information in easy to read printing:
(A) Notice of this Code section; (B) Identification of the property which is reserved for customers' use only;
TUESDAY, MARCH 31, 1992
4573
(C) Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area; and
(D) Warning that violators will be prosecuted; and (2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of:
(A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the inte rior of the shopping center or other facility so identified;
(B) Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area;
(C) Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or
(D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner."
Section 25. 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 violating Code Sec tion 40-6-391, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defend ant to attend and complete a 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 within 120 days of the issuance of the court order. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The court shall, at the time of surrender of the driver's license to it, issue a temporary driving per mit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his 120 day driving permit shall be invalid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program."
Section 26. Said title is further amended by striking subsection (d) of Code Section 40-8-22, relating to headlights, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The headlights required by this Code section shall be maintained in proper working condition and shall not be covered by any type of material, provided that the covering restriction shall not apply to any vehicle on which the original factory head lights were covered."
Section 27. Said title is further amended by striking subsection (c) of Code Section 40-8-73.1, relating to affixing of materials to windshields or windows to reduce light trans mission, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The provisions of subsection (b) of this Code section shall not apply to: (1) Adjustable sun visors which are mounted forward of the side windows and are
not attached to the glass; (2) Signs, stickers, or other matter which is displayed in a seven-inch square in the
lower corner of the windshield farthest removed from the driver or signs, stickers, or other matter which is displayed in a five-inch square in the lower corner of the wind shield nearest the driver;
(3) Direction, destination, or termination signs upon a passenger common carrier motor vehicle if the signs do not interfere with the driver's clear view of approaching traffic;
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JOURNAL OF THE HOUSE,
(4) Any transparent item which is not red or amber in color which is placed on the uppermost six inches of the windshield;
(5) Any federal, state, or local sticker or certificate which is required by law to be placed on any windshield or window;
(6) The rear windshield or the side or door windows, except those windows to the right and left of the driver of:
(A) A multipurpose passenger vehicle; (B) A school bus, any other bus used for public transportation, and any bus or van owned or leased by any religious or any nonprofit organization duly incorpo rated under the laws of this state; (C) Any limousine owned or leased by a public or private entity; or (D) Any other vehicle, the windows or windshields of which have been tinted or darkened before factory delivery or permitted by federal law or regulation; er (7) Any motor vehicle not registered in this stater; or (8) Any law enforcement vehicle."
Section 28. Said title is further amended by striking Code Sections 40-8-74 and 40-8-77 in their entirety and inserting in lieu thereof new Code Sections 40-8-74 and 40-8-77 to read as follows:
"40-8-74. (a) No vehicle equipped with solid rubber tires shall be used or trans ported on the highways, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery.
(b) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use:
(1) Farm machinery with tires having protuberances which will not injure the high way; and
(2) Tire chains of reasonable proportions or tires equipped with safety apikc-mctal metal spike studs upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. (d) The Transportation Board and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks, or of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code sec tion. (e) All tires:
(1) Shall have not less than 2/32 inch tread measurable in all major grooves with the exception of school buses which shall have not less than 4/32 inch tread measurable in all major grooves;
(2) Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and
(3) Shall be free from bumps, bulges, or separations. (f) No motor vehicle shall be operated on a public street or highway with tires that have been marked 'not for highway use,' 'for racing purposes only,' or 'unsafe for high way use.' (g) Retreaded tires shall not be used upon the front wheels of buses." "40-8-77. (a) As used in this Code section, the term 'private passenger automobile' shall mean a four-wheel motor vehicle designed for carrying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, provided that the term 'private passenger automobile' shall not include a multipurpose vehicle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, designed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation.
TUESDAY, MARCH 31, 1992
4575
(b) Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system conforming to all federal motor vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the federal safety standard cer tification label affixed to the automobile.
{e)--he warranty provisions ef- this Code section shall nt tee applicable with respect te any private passenger automobile as te which the manufacturer ftes a written ccrtificotion tinder ostn witti trie ucpflrtmcnt or F uolic bflictyj on sc lorifr to oC" prG9CFiucd oy
the applicable standards ef this Code section."
Section 29. Said title is further amended by striking Code Sections 40-13-3, 40-13-23, 40-13-29, 40-13-30, 40-13-31, 40-13-33, 40-13-50, 40-13-53, 40-13-57, 40-13-60, and 40-13-62 in their entirety and inserting in lieu thereof the following:
"40-13-3. Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense shall may proceed with the adjudication of the offenses con tained within the complaint without the necessity of filing an indictment or other accu sation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final dis position of the case to the Department of Public Safety."
"40-13-23. (a) No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable cause exists, he shall be immediately bound over to the court in the county having jurisdiction to try the offense, wherein a jury may be impan eled. Where a cash bond or driver's license in lieu of bond has been posted, the bond shall be transferred to the court assuming jurisdiction without the necessity of the defendant posting new bond.
(b) No waiver of a trial by jury may be withdrawn when such waiver has been inter posed for the purpose of delay. Except with approval of the court, no waiver of a trial by jury may be withdrawn after the commencement of the trial or the filing of motions on behalf of the defendant, whichever comes first."
"40-13-29. In all counties except those having city, county, or state courts, the judge of the probate court shall have exclusive jurisdiction of all traffic misdemeanor cases originating in the county outside of municipal corporations; The 2 and the judge of the municipal court in each municipal corporation shall have exclusive jurisdiction of traffic misdemeanor cases originating inside the corporate limits of municipalities.
40-13-30. State highway patrolmen Officers of the Georgia State Patrol and any other officer of this state or of any county or municipality thereof having authority to arrest for a criminal offense of the grade of misdemeanor shall have authority to prefer charges and bring offenders to trial under this article, provided that officers of an incor porated municipality shall have no power to make arrests beyond the corporate limits of such municipality unless such jurisdiction is given by local or other law.
40-13-31. The sheriffs of the several counties of this state are entitled to an arresting fee, as provided by law, in every case in which the sheriff or his lawful deputy arrests, assists in arresting, or takes custody of any person charged with crime who has been apprehended by an officer of the state patrol Georgia State Patrol and delivered to the sheriff or his lawful deputy. If the sheriff is upon a salary, the fee shall be paid into the county treasury."
"40-13-33. (a) Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal govern nent which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final.
(b) Any challenge to a conviction specified in subsection (a) of this Code section which became final before March 28, 1986, must be filed within 180 days following March 28, 1986.
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(c) When the commissioner of public safety is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County.
(d) Failure to file the challenge within the time prescribed in this Code section shall divest the court of jurisdiction."
"40-13-50. In every court of this state having jurisdiction over the violation of traffic laws or traffic ordinances, the judge, or the judges where there are is more than one judge, may provide by written order for the establishment of a traffic violations bureau for the handling or disposition of certain traffic cases in substantial compliance with this article. The court shall promulgate and provide to the clerk of the traffic violations bureau a list of the traffic offenses which shall be handled and disposed of by the traffic violations bureau. However, nothing in this article shall authorize the judge of such court to employ any person or persons to administer this article."
"40-13-53. (a) Subject to the exceptions set out in subsection (b) of this Code sec tion, any officer who arrests any person for the violation of a traffic law or traffic ordi nance alleged to have been committed outside the corporate limits of any municipality shall permit such person to be released upon being served with a citation and complaint and agreeing to appear, as provided in this article; unless . If such officer has reasonable and probable grounds to believe that the person will not obey such citation and agree ment to appear2 the officer may require such person to surrender his driver's license in accordance with Code Section 17-6-11.
subsection {a} ef- this Code section The following offenses shall not be handled or dis posed of by a traffic violations bureau:
which a driver's license may be suspended by the commissioner of public safety; (2) Any motor vehicle registration violation; (3) A violation of Code Section 40-5-20; (3) (4) Speeding in excess of W 30 miles per hour over the posted speed limit; or \TT--Any other oitensc which the court- in9.9 excepted oy order(5) Any offense which would otherwise be a traffic violations bureau offense but
which arose out of the same conduct or occurred in conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense shall be subject to the maximum punishment set by law. \c)--l lie court Hisy, by its order, s.dd to the exceptions set out tn suosection \o/ er this ede section bat shall have ne authority te remove any ef such exceptions." "40-13-57. In the event an officer has authority to issue citation and complaint as set forth in Code Section 40-13-53 but declines to do so because of his belief that such person will not obey the citation and agreement to appear, such officer may bring such person to the traffic violations bureau and such person may be allowed to post a cash bond for his appearance in accordance with the schedule established by the court." "40-13-60. Any traffic violation under the jurisdiction of the traffic violations bureau shall be characterized and classified as a traffic violation and shall not be considered as a misdemeanor. Whenever any traffic violation is transferred from another court to a court which has a traffic violations bureau, if such offense is classified as a traffic viola tion on the traffic violations bureau schedule of the receiving court, such violation shall be handled and disposed of by such traffic violations bureau. Where a defendant demands a trial on a traffic violation, it shall be tried before a judge of the court which established the traffic violations bureau. The request for a trial shall not result in a loss of jurisdiction by the traffic violations bureau." "40-13-62. When any person cited for a traffic violation pursuant to this article fails to appear in court on the date specified in the citation and in accordance with his writ ten promise to appear, unless such person has posted a cash bond as provided in this article, the traffic violations bureau thereupon loses jurisdiction and the citation shall be forwarded to the prosecuting attorney of the court who shall have an accusation issued against such person. a*d Upon motion of the prosecuting attorney, a bench war rant shall issue based on the accusation for the arrest of the defendant. The defendant's case shall be docketed by the clerk of the court and handled as all other misdemeanors."
TUESDAY, MARCH 31, 1992
4577
Section 30. Said title is further amended by striking Code Sections 40-14-7 and 40-14-8 in their entirety and inserting in lieu thereof new Code Sections 40-14-7 and 40-14-8 to read as follows:
"40-14-7. No stationary speed detection device shall be employed by county, munici pal, college, or university law enforcement officers where the vehicle from which the device is operated is net visible te obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.
40-14-8. (a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device except properly marked school zones on iioup odorc, durifig, QRQ one tiour ftrtcr tnc normo.! IIOUPS OT scnool ope potion, &DQ in properly marked residential districts, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour; and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.
(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be con sidered residential districts."
Section 31. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 1.2 of this Act shall become effective July 1, 1992.
Section 32. All laws and parts of laws in conflict with this Act are repealed.
Representative Jackson of the 9th moved that the House adopt the report of the Com mittee of Conference on SB 505.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken
Alford Y Ashe 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
Buck Y Buckner YByrd
Campbell Y' Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L E Coker Y Coleman Y Colwell
Y Connell Culbreth
Y Cummings,B Cummings,M
Y Davis.D Davis.G
N 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
Green Greene Y Griffin Y Groover E Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert 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 Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee YLong Y Lord
Lucas Y Mann Y Martin Y McBee 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
Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit
Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Shernll Simpson Sinkfield
Y Skipper Y Smith.L
Y Smith.P Smith.T
Y Smith.W Y Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley 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
Walker.J Y Walker.L Y Wall Y Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
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On the motion, the ayes were 152, nays 1. The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the report of the second Committee of Conference thereon:
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.
The following report of the second Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 277
The Committee of Conference on HB 277 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 277 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Walter S. Ray Senator, 19th District
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ Wayne Garner Senator, 30th District
/s/ Henry Bostick Representative, 138th District
/s/ Culver Kidd Senator, 25th District
/s/ Ralph David Abernathy, III Representative, 39th District
A BILL
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, so as to provide for the offense of criminal storage of a firearm; to provide for legislative findings and intent; to provide for a short title; to provide definitions; to provide penalties for keeping a loaded firearm within accessibility of a minor who obtains such firearm and causes death or bodily injury; to provide for exceptions; to provide for mitigating factors relative to prosecution; to require a specific warning when firearms are sold or transferred; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, is amended by adding at the end thereof a new Part 5 to read as follows:
"Part 5
16-11-170. This part shall be known and may be cited as the 'Firearms Protection for Minors Act.'
16-11-171. (a) The General Assembly finds that a tragically large number of chil dren in Georgia have been accidentally killed or seriously injured by negligently stored
TUESDAY, MARCH 31, 1992
4579
firearms. The General Assembly further finds that placing firearms within the reach or easy access of children is dangerously irresponsible, encourages such accidents, and should be prohibited. Therefore, it is the intent of the General Assembly to take legisla tive action that is necessary to protect the safety of our children.
(b) It is the intent of the General Assembly that adult citizens of this state retain their constitutional right to keep and bear firearms for hunting and sporting activities, for defense of self, family, home, and business, and as collectibles. Nothing in this part shall be construed to reduce or limit any existing right to purchase and own firearms or to provide authority to any state or local agency to infringe upon the privacy of any family, home, or business, except by lawful warrant.
16-11-172. As used in this part, the term: (1) 'Loaded firearm' means a firearm in which there is an unexpended cartridge
or shell, consisting of a case which holds a charge of powder and a bullet or shot, in or attached in any manner to the firearm, including but not limited to in the firing chamber, magazine, or clip attached to the firearm; except that a muzzleloader shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(2) 'Locked container' means a secure container which is fully enclosed and locked by a padlock, key, lock, combination lock, or similar locking device; such term shall include the locked utility or glove compartment of a motor vehicle.
(3) 'Locking device' means a device which temporarily prevents a firearm from functioning including, but not limited to, a factory-installed safety mechanism or device.
(4) 'Minor' means any person under the age of 12 years. 16-11-173. Except as provided in Code Section 16-11-174, a person commits the offense of criminal storage of a firearm if he or she intentionally keeps any loaded fire arm on any premise which is under his or her custody or control and he or she knows or that a minor is likely to gain access to the firearm without the permission of an adult and the minor obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person. Violation of this subsection shall be pun ishable as a midemeanor. 16-11-174. The provisions of Code Section 16-11-173 shall not apply whenever any of the following occur:
(1) The minor obtains the firearm as a result of an illegal entry to any premises by any person;
(2) The firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;
(3) The firearm is carried on the person or within such a close proximity thereto so that the individual can readily retrieve and use the firearm as if carried on the per son;
(4) The firearm is equipped with a locking device, which is properly engaged when access thereto is gained by the minor;
(5) The person is a peace officer or a member of the armed forces or National Guard and the minor obtains the firearm during or incidental to the performance of the person's duties;
(6) The minor obtains or obtains and discharges the firearm in a lawful act of selfdefense or defense of another person or persons;
(7) A person who keeps a loaded firearm on any premise which is under his or her custody or control has no reasonable expectation, based on objective facts and circum stances, that a minor is likely to be present on the premise; and
(8) The firearm was obtained by the child from a place where there was no reason able expectation, based on objective facts and circumstances, that a child would have access.
16-11-175. (a) If the person who allegedly violated Code Section 16-11-173 is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the district attorney, solicitor or other prosecutor shall consider, among other factors, the impact of the injury or death on the person alleged to have violated Code
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Section 16-11-173 when deciding whether to prosecute an alleged violation. It is the General Assembly's intent that a parent or guardian of a minor who is injured or who dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner or where simi larly egregious circumstances exist. This subsection shall not otherwise restrict, in any manner, the factors that a district attorney, solicitor or other prosecutor may consider when deciding whether to prosecute alleged violations of Code Section 16-11-173.
(b) If the person who allegedly violated Code Section 16-11-173 is the parent or guardian of a minor who is injured or who dies as the result of an accidental shooting, no arrest of the person for the alleged violation of said Code section shall occur until at least seven days after the date upon which the accidental shooting occurred. In addi tion to the limitation contained in this subsection, a law enforcement officer shall con sider the health status of a minor who suffers great bodily injury as the result of an accidental shooting prior to arresting a person for a violation of Code Section 16-11-173 if the person to be arrested is the parent or guardian of the injured minor. The intent of this subsection is to encourage law enforcement officials to delay the arrest of a par ent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition.
(c) (1) The fact that a person who allegedly violated Code Section 16-11-173 attended a firearm safety training course prior to the purchase of the firearm that is obtained by a minor in violation of said Code section shall be considered a mitigating factor by a district attorney, solicitor or other prosecutor when he or she is deciding whether to prosecute the alleged violation.
(2) In any action or trial commenced under this part, the fact that a person who allegedly violated this part attended a firearm safety training course prior to the pur chase of the firearm that is obtained by a minor in violation of this part shall be admissible. 16-11-176. (a) Upon the retail commercial sale or retail transfer of any firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee, which warning shall state, in block letters not less than one-fourth inch in height:
'IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES THE FIREARM;
(b) Any retail or wholesale store, shop, or sales outlet which sells firearms shall con spicuously post within the premises the following warning in block letters not less than three inches in height:
'IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES THE FIREARM.'"
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Abernathy of the 39th moved that the House adopt the report of the second Committee of Conference on HB 277.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy
N Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom N Barfoot N Bargeron N Barnett.B
N Barnett.M
N Bates N Beatty N Benefield N Birdsong Y Blitch Y Bordeaux
Bostick N Branch N Breedlove Y Brooks
Y Brown
N Brush Buck
N Buckner N Byrd
Campbell Y Canty N Carrell N Carter Y Cauthorn N Chafin
Y Chambless
N Cheeks Y Childers Y Clark.E N Clark.L E Coker N Coleman N Colwell N Connell N Culbreth
Cummings.B
N Cummings.M
N Davis.D Davis.G
N Davis.M Y Dixon.H N Dixon.S Y Dobbs N Dover N Dunn Y Edwards N Elliott
TUESDAY, MARCH 31, 1992
4581
N Felton N Fennel N Floyd.J.M
N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin
Green Greene N Griffin Y Groover E Hamilton Y Hammond N Hanner N Harris.B Y Harris.J Y Heard Y Henson Y Herbert N Holland Y Holmes N Howard Y Hudson Y Irwin
N Jackson Jamieson Jenkins
N Jones N Kilgore Y King N Kingston Y Klein Y Ladd Y Lane.D N Lane.R Y Langford N Lawrence N Lawson N Lee N Long
Lord Y Lucas N Mann Y Martin Y McBee N McCoy N McKelvey N McKinney.B Y McKinney.C
N Meadows Y Merritt N Milam
Y Mills N Mobley N Moody Y Morsberger Y Moultrie N Mueller N Oliver.C Y Oliver.M Y Orr Y Orrock N Padgett
Parham N Parrish Y Patten Y Pelote N Perry N Pettit N Pinholster Y Pinkston N Poag
Porter Y Poston
N Poweli.A N Powell.C N Presley
N Purcell Y Randall
Ray Y Reaves
Redding N Ricketson N Royal N Selman Y Sherrill N Simpson Y Sinkfield N Skipper N Smith.L Y Smith.P N Smith.T N Smith,W Y Smyre N Snow Y Stancil.F N Stancil.S Y Stanley
Streat
Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan
Walker.J Y Walker.L N Wall N Watson N Watts Y White Y Wilder N Williams.B Y Williams.J N Williams.R N Yeargin
Murphy.Spkr
On the motion, the ayes were 73, nays 88.
The motion was lost and the report of the second Committee of Conference on HB 277 was rejected.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 2099. By Representative Hanner of the 131st:
A bill to amend an Act creating a board of commissioners of Clay County, so as to provide new commissioner districts.
The following Senate substitute was read:
A BILL
To amend an Act creating a board of commissioners of Clay County, approved Febru ary 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2326), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3785), so as to provide new commissioner dis tricts; to provide for definitions and inclusions; to provide for the submission of this Act to the United States Attorney General and conditions for automatic repeal; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Clay County, approved Feb ruary 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2326), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3785), is amended by striking in its entirety Sec tion 1 and inserting in lieu thereof the following:
"Section 1. (a) For the purpose of electing members of the board of commissioners, Clay County is divided into five commissioner districts as follows:
Commissioner District: 1
CLAY COUNTY VTD: 0001 PRECINCT 1 VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601.
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JOURNAL OF THE HOUSE,
Block(s): 201, 202, 271 Tract: 9602.
Block(s): 111, 112, 113, 114, 134, 135, 136, 137, 138, 151, 152, 153, 154, 155, 158
Commissioner District: 2
CLAY COUNTY VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601. Block(s): 155B, 156, 157, 172, 173, 174, 175, 203, 204, 205, 206, 207, 208, 209, 210B, 211, 212, 213A, 213B, 262B, 263B, 264, 265, 266, 267, 268, 269, 270, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281 Tract: 9602. Block(s): 105, 106, 107, 108, 109, 110, 115, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 195, 196, 197
Commissioner District: 3
CLAY COUNTY VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601. Block(s): 170, 171, 210A, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262A, 263A
Commissioner District: 4
CLAY COUNTY VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601. Block(s): 111, 112, 113, 127A, 145, 146A, 146B, 147, 148, 150A, 150B, 151, 152, 153A, 153B, 154A, 154B, 155A, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 214, 229 VTD: 0005 PRECINCT 5 (Part) Tract: 9601. Block(s): 108, 109, 114, 142, 144
Commissioner District: 5
CLAY COUNTY VTD: 0005 PRECINCT 5 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 143, 149, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
TUESDAY, MARCH 31, 1992
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(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Clay County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Clay County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Clay County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Hanner of the 131st moved that the House agree to the Senate substi tute to HB 2099.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Resolution of the House was read:
HR 1263. By Representative Murphy of the 18th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn sine die at 12:00 Midnight, on Tuesday, March 31, 1992.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy
Y Adams
N Aiken Y Alford
Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B N Barnett.M Y Bates Y Beatty
Y Benefield
Y Birdsong
N Blitch Y Bordeaux
Bostick Y Branch Y Breedlove N Brooks Y Brown N Brush
Buck N Buckner Y Byrd N Campbell
N Canty
Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless N Cheeks Y Childers Y Clark.E Y Clark.L E Coker Y Coleman Y Colwell Y Connell
Y Culbreth
Y Cummings.B
Y Cummings.M Y Davis.D N Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover N Dunn Y Edwards Y Elliott Y Felton
Fennel
Y Floyd.J.M
Y Floyd.J.W N Flynt Y Godbee N Golden Y Goodwin
Green Greene Y Griffin Y Groover E Hamilton N Hammond Y Hanner
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JOURNAL OF THE HOUSE,
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert
Holland Y Holmes
Howard N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
King N Kingston Y Klein
Y Ladd Y Lane.D Y Lane.R N Langford
Y Lawrence Y Lawson
YLee Long
Y Lord Y Lucas N Mann
Y Martin McBee
N McCoy Y McKelvey
McKinney.B
N McKinney.C N Meadows Y Merritt
Y Milam N Mills Y Mobley Y Moody N Morsberger N 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
Pinholster Y Pinkston N Poag Y Porter
Poston Powell.A Y Powell.C Y Presley 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 Y Smith, W Y Smyre
Snow Y Stancil.F Y Stancil.S N Stanley
Y Streat N Taylor
Teper Y Thomas.C
On the adoption of the Resolution, the ayes were 125, nays 30. 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 N Wall Y Watson Y Watts Y White N Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
The following Resolutions of the House were read and adopted:
HR 1264. By Representative Walker of the 113th: A resolution honoring Mrs. Mary W. Walker.
HR 1265. By Representative Walker of the 113th: A resolution commending Mr. John Havrilla.
HR 1266.
By Representative Holland of the 136th:
A resolution commending Alan B. Coker for his participation in Operation Desert Storm.
HR 1267.
By Representative Holland of the 136th:
A resolution commending Randall R. Coker for his participation in Operation Desert Storm.
HR 1268.
By Representative Byrd of the 153rd:
A resolution expressing condolences relative to the passing of Mr. Joel Fowler.
HR 1269.
By Representative Byrd of the 153rd:
A resolution commending the Jeff Davis High School Jackets basketball team.
HR 1270.
By Representative Byrd of the 153rd:
A resolution expressing condolences on the passing of Mr. Jasper Peter Morris.
HR 1271. By Representative Walker of the 113th: A resolution commending Mr. Donald S. Walker.
TUESDAY, MARCH 31, 1992
4585
HR 1272. By Representative Holland of the 136th:
A resolution commending George Samuel Everett and congratulating him on his 60th birthday.
HR 1273. By Representative McKinney of the 35th:
A resolution commending and recognizing the National Urban Affairs Coun cil.
HR 1274. By Representative McKinney of the 35th: A resolution commending Rev. Joseph Everhart Boone.
HR 1275. By Representatives Thomas of the 31st, Turnquest of the 56th, Davis of the 29th, Baker of the 51st and Thomas of the 55th:
A resolution commending Alvin Dollar.
HR 1276. By Representatives Thomas of the 31st, Davis of the 29th and Canty of the 38th:
A resolution commending Ms. Mabel Sullivan.
HR 1277. By Representative White of the 132nd: A resolution commending Mrs. Carey Dent.
HR 1278". By Representative White of the 132nd: A resolution commending Mr. Erasmus Dent.
HR 1279.
By Representatives Buckner of the 72nd, Lee of the 72nd, King of the 72nd and Chafin of the 72nd:
A resolution commending and recognizing Mrs. Lillie Wright of Mount Zion Baptist Church.
HR 1280. By Representatives Buckner of the 72nd, Lee of the 72nd, King of the 72nd, Benefield of the 72nd and Chafin of the 72nd:
A resolution commending and recognizing Clayton Clean and Beautiful.
HR 1281. By Representatives Buckner of the 72nd, Lee of the 72nd, King of the 72nd, Benefield of the 72nd and Chafin of the 72nd:
A resolution commending and recognizing the first graduating class of Mount Zion High School.
HR 1282. By Representatives Buckner of the 72nd, Lee of the 72nd, King of the 72nd, Benefield of the 72nd and Chafin of the 72nd:
A resolution commending and recognizing the first graduating class of Lovejoy High School.
HR 1283. By Representatives Alford of the 57th and Irwin of the 57th: A resolution commending Rose Marie Arant.
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JOURNAL OF THE HOUSE,
HR 1284. By Representative Walker of the 113th: A resolution commending Mi. Houston G. Porter, Jr.
HR 1285. By Representative Walker of the 113th: A resolution commending Mr. Lonnie Edenfield, Sr.
HR 1286. By Representatives Hanner of the 131st, Dixon of the 128th and Smith of the 152nd:
A resolution recognizing and expressing appreciation to Mark H. Cohen.
HR 1287. By Representative Wall of the 61st:
A resolution commending Honorable Ben Jessup, Doorkeeper, and the Assist ant Dookeepers of the House of Representatives.
HR 1288.
By Representatives Clark of the 20th, McCoy of the 1st, Atkins of the 21st, Aiken of the 21st, Murphy of the 18th, and others:
A resolution commending and recognizing the gentleman from the third dis trict, Honorable Charles "Judy" N. Poag.
HR 1289. By Representatives Murphy of the 18th, Walker of the 115th, Pinkston of the 100th, Lee of the 72nd, Buck of the 95th and others:
A resolution commending John Marvin "Pete" Hackney.
HR 1290.
By Representatives Byrd of the 153rd, Murphy of the 18th, Lee of the 72nd, Walker of the 115th, Groover of the 99th and others:
A resolution commending the students participating in the House Intern Pro gram for the 1992 session of the General Assembly of Georgia.
HR 1291. By Representatives Smith of the 152nd and Streat of the 139th: A resolution recognizing "Georgia Blueberry Week".
HR 1292. By Representatives Branch of the 137th, Murphy of the 18th, Balkcom of the 140th, Reaves of the 147th, Carter of the 146th and others:
A resolution commending Honorable Lundsford Moody.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has rejected the report of the Committee of Conference on the following Bill of the House:
HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th 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.
TUESDAY, MARCH 31, 1992
4587
The Senate has adopted the report of the Committee of Conference on the following Bills of the Senate and House:
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 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.
SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and finan cial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates.
SB 489. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to implied consent; to provide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibi tion against driving under the influence of alcohol.
SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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 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 who served in World War I, World War II, the Korean War, the Vietnam War, and Opera tion Desert Storm; to provide for procedures and qualifications for the issu ance of such license plates; to provide for fees.
HB 1519. By Representatives Oliver of the 53rd, Baker of the 51st and Porter of the 119th:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that if the Department of Human Resources is the petitioner, then no guard ian ad litem need be appointed; to provide for admissibility of blood tests.
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JOURNAL OF THE HOUSE,
HB 1666.
By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd, Jones of the 71st, Taylor of the 94th and others:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Anno tated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed.
HB 1693.
By Representative Buck of the 95th:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions.
HB 1721.
By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that after a sevenyear holding period, restitution funds may be claimed by the respective county holding such funds.
HB 1812.
By Representatives Groover of the 99th, Kilgore of the 42nd, Walker of the 115th, Irwin of the 57th, Sinkfield of the 37th and others:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for personnel of local school systems.
HB 2069. By Representatives Padgett of the 86th, Williams of the 90th and others:
A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.
SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, fur ther, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative intent; to define certain terms.
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.
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.
TUESDAY, MARCH 31, 1992
4589
HB 1125. By Representatives Poston of the 2nd, Fennel of the 155th, Orr of the 9th, Meadows of the 91st, Smith of the 16th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to create the State Ethics Commission; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying.
HB 1261. 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 July 1, 1992 June 30, 1993.
HB 1482. By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th and others:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Anno tated, relating to capital outlay funds in general, so as to provide for excep tions; to provide for notice and a public hearing regarding a reorganization or consolidation plan.
The Senate has adopted the report of the Committee of Conference on the following Resolution of the House:
HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles.
The Senate recedes from its substitute to the following Bill of the House:
HB 1004. By Representative Dunn of the 73rd:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to provide for user fees for the establishment and maintenance of public information services and materials.
The Senate recedes from its amendment to the following Bills of the House:
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.
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JOURNAL OF THE HOUSE,
HB 2024.
By Representative Connell of the 87th:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the provisions limiting the succession in office of the mayor and council members.
HB 2151.
By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th, Davis of the 45th, Lawrence of the 49th and others:
A bill to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00.
The Senate has agreed to the House amendment to the Senate substitute to the fol lowing Bills of the House:
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.
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.
HB 1106. By Representatives Lane of the 27th, Benefield of the 72nd, Barnett of the 10th, Smith of the 78th and Skipper of the 116th:
A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by political subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision.
HB 1574.
By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of physical therapists, so as to provide for the comprehensive revision of said chapter.
HB 1679.
By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Oliver of the 53rd and Martin of the 26th:
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 appeal is required, so as to provide for appeals from decisions of the appellate division of the State Board of Workers' Compensation; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for the rights of the employee or the employer to proceed against persons other than the employer who are liable for an employee's injury or death.
TUESDAY, MARCH 31, 1992
4591
The Senate has agreed to the House amendment to the Senate amendment to the fol lowing Bills of the House:
HB 1109.
By Representative Watson of the 114th:
A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to change the definition of the term "state minimum standard codes".
HB 1399.
By Representatives Holland of the 136th, Porter of the 119th, Jamieson of the llth, Baker of the 51st, Floyd of the 135th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, so as to provide tax credits for cer tain businesses in certain counties.
HB 1609. By Representatives Dunn of the 73rd, Smith of the 78th, Herbert of the 76th, Lee of the 72nd and Benefield of the 72nd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Human Resources to adopt state-wide minimum standards for on-site, individual sewage management systems.
HB 1676. By Representative Holland of the 136th:
. A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that a motor vehicle liability insurance carrier may tender, and a claimant may accept, the policy limits and such offer and acceptance shall bar certain further claims.
HB 1979. By Representatives Connell of the 87th, Padgett of the 86th, Williams of the 90th, Cheeks of the 89th, Brown of the 88th and others:
A bill to amend Code Section 45-7-9 of the Official Code of Georgia Anno tated, relating to compensation for line-of-duty injuries of full-time state employees, so as to authorize a state agency to grant additional benefits to certain state employees injured in the line of duty by the willful act of vio lence of a client receiving outpatient mental health treatment.
HB 2133.
By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor.
The Senate has agreed to the House substitute to the following Bills of the Senate:
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 Adminis tration, so as to change the provisions relating to the accumulation and utili zation of sick leave; to repeal certain provisions relating to disapproval of sick leave and procedures for contesting disapproval.
4592
JOURNAL OF THE 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 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 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.
SB 473. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to change the provisions relating to the filing of the complaint on which a warrant is issued; to provide for procedures, time limits, and requirements for the filing of complaints; to provide an effective date; to provide for applicability.
SB 587. By Senators Thompson of the 33rd and Deal of the 49th:
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 a statement of legislative purpose; to define certain terms; to provide for the creation of a State Interagency Council and for matters relative thereto; to provide duties of the State School Superintendent; to provide duties of the State Board of Education; to provide for the grant of funds and for mat ters relative thereto.
SB 588. By Senators Thompson of the 33rd and Deal of the 49th:
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 a program of community education and development grants; to authorize the Department of Education to make grants to local boards of education for certain programs and activities; to repeal Article 7 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to commu nity education and development.
SB 598. By Senators Edge of the 28th and Dawkins of the 45th:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Anno tated, relating to hazardous conditions, preventable diseases, and metabolic disorders, so as to repeal certain provisions relative to the necessity of having a certain license in order to sell or dispense contact lenses; to provide an effective date.
TUESDAY, MARCH 31, 1992
4593
SB 617. By Senator Ray of the 19th:
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 remove the requirement for notification of nonresidents of the receipt of returns by a tax commissioner; to remove the requirement that a tax commissioner appear before the county governing authority at least twice each year.
SB 646. By Senator Johnson of the 47th:
A bill to amend Code Section 40-6-390 of the Official Code of Georgia Anno tated, relating to reckless driving, so as to provide that a violation of the requirement to stop when meeting or overtaking a school bus shall be reck less driving.
SB 678. By Senator Baldwin of the 29th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions concerning penal institutions, so as to provide that any peace officer, probation officer, or employee of the Depart ment of Corrections or other public agency who is certified by his or her supervising agency shall be exempt from certain provisions of the law for the limited purposes of administering a urine screen drug test to certain persons.
SB 699. By Senator Ramsey of the 54th:
A bill to amend Code Section 48-9-38 of the Official Code of Georgia Anno tated, relating to the registration of motor carrier vehicles, so as to provide for the withholding of registration documents from those carriers who have outstanding tax, penalty, or fee obligations to the state.
SB 703. By Senators Steinberg of the 42nd, Johnson of the 47th, Moye of the 34th and others:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Anno tated, relating to family violence, so as to provide for legislative findings; to create a State Commission on Family Violence; to provide for a comprehen sive state plan for ending family violence; to provide for membership of the commission; to provide for appointment, terms, vacancies, per diem, and expenses of the members; to provide for officers, meetings, quorum, powers, and duties of the commission.
SB 751. By Senators Henson of the 55th and Walker of the 43rd:
A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Anno tated, relating to victim compensation, so as to revise various provisions so as the State of Georgia may continue to be eligible for federal funds.
SB 787. By Senator Edge of the 28th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to assistant district attorneys and their appointment, qualifi cations, and compensation, so as to change the definition of the term "LL.M. degree"; to provide an effective date.
4594
JOURNAL OF THE HOUSE,
SB 834. By Senators Collins of the 17th and Starr of the 44th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Anno tated, relating to the crimes of trafficking in cocaine, illegal drugs, or mari juana, so as to provide that any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of five grams or more of methamphetamine or of any mixture of methamphetamine commits the fel ony offense of trafficking in methamphetamine; to provide penalties.
The Senate has agreed to the House amendment to the following Bills of the Senate:
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 520. 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 of terms used in the Official Code of Georgia Annotated and in other laws of this state, so as to change the definitions of agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; to provide that such definitions shall not apply to certain pro visions of the Official Code of Georgia Annotated or other laws; to provide an effective date.
SB 599. By Senators Walker of the 22nd, Hooks of the 14th and Albert of the 23rd:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Anno tated, relating to nurses, so as to comprehensively revise the law relative to the training, education, and licensure of practical nurses; to provide for a short title; to provide for definitions; to provide for the composition, terms, and qualifications of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for termination.
SB 831. By Senators Steinberg of the 42nd, Garner of the 30th and Bishop of the 15th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to require state government and state authority employers to grant employees a period of leave for certain family or medical purposes; to provide for definitions; to provide for practices and procedures in connection with the requirement of leave; to provide for excep tions; to provide for certification of medical conditions; to provide an effec tive date.
The Senate has agreed to the House substitute to the following Resolution of the Sen ate:
SR 510. By Senator Harris of the 27th:
A resolution creating the Study Committee on Professional, Occupational, and Business Licensing and Taxation.
TUESDAY, MARCH 31, 1992
4595
The Senate has passed by the requisite constitutional majority the following Bills of the House:
HB 1156. By Representatives Streat of the 139th, Twiggs of the 4th, Dobbs of the 74th, Dover of the llth, Coleman of the 118th and others:
A bill to amend Code Section 16-11-100 of the Offcial Code of Georgia Annotated, relating to the offense of failing to remove the lid, door, or lock ing device from certain abandoned, unattended, or discarded containers, so as to define the offense of leaving in a place accessible to children a motor vehicle which cannot easily be opened from the inside; to amend Code Sec tion 43-48-11 of the Official Code of Georgia Annotated, relating to investiga tion of complaints, so as to provide for the suspension, revocation, or refusal to renew such license.
HB 1265. By Representatives Smith of the 78th and Oliver of the 53rd:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the humane care of equines.
HB 1534.
By Representative Lord of the 107th:
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 provisions relating to death certificates.
HB 1540. 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 or a commission merchant who sells leased livestock for the lessee 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 inter est by written notice.
HB 1562. By Representative Dover of the llth:
A bill to amend Code Section 48-2-18 of the Official Code of Georgia Anno tated, relating to the State Board of Equalization, so as to specify the time at which interest shall begin to accrue with respect to certain tax appeals.
HB 1583. By Representative Barnett of the 10th:
A bill to amend Code Section 46-5-136 of the Official Code of Georgia Anno tated, relating to the authority of local government to create an advisory board in connection with the establishment of an emergency telephone num ber "911" system, so as to require the creation of an advisory board.
HB 2094. By Representatives Jenkins of the 80th, Smith of the 78th and Dunn of the 73rd:
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 third judge of the superior courts of the Flint Judicial Circuit.
4596
JOURNAL OF THE HOUSE,
HB 1626.
By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bartow County.
HB 1627.
By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County, so as to provide that the commissioner will keep his or her office at the County Administration Building.
HB 1628.
By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act providing a new charter for the City of Euharlee in Bartow County, so as to change the term of the mayor to four years.
HB 2002. By Representatives Holland of the 136th and Hudson of the 117th:
A bill to amend an Act to provide for the election of members of the board of education of Turner County, so as to provide new education districts.
HB 2003.
By Representative Holland of the 136th:
A bill to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, so as to provide new commissioner districts.
HB 2004. By Representatives Holland of the 136th and Hudson of the 117th:
A bill to amend an Act creating a board of commissioners of Turner County, so as to provide new commissioner districts.
HB 2005.
By Representative Holland of the 136th:
A bill to amend an Act to provide for the election of a chairman and four members of the Worth County Board of Education, so as to provide new education districts.
HB 2036.
By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act relating to the board of education and school superin tendent of the Carroll County School District, so as to reapportion the edu cation districts of said school district.
HB 2046. By Representative Barnett of the 59th:
A bill to amend an Act incorporating the City of Snellville, so as to deannex and exclude certain property from the corporate limits of the city.
HB 2060.
By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Bartow County; to create a chairperson and board of commissioners for Bartow County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities.
TUESDAY, MARCH 31, 1992
4597
HB 2064.
By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of roads and reve nues for the County of Berrien, so as to change the number of commission ers; to change the composition of the commissioner districts.
HB 2070.
By Representatives Williams of the 90th, Padgett of the 86th and Connell of the 87th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
HB 2109.
By Representatives Flynt of the 75th and Herbert of the 76th:
A bill to amend an Act creating the Board of Commissioners of Spalding County, so as to redesignate and describe the five single-member commission districts in Spalding County.
HB 2113.
By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act to change the composition and method of election of the Board of Education of Appling County, so as to provide new education districts.
HB 2114. By Representative Moody of the 153rd:
A bill to amend an Act creating the board of commissioners of Appling County, so as to provide new commissioner districts.
HB 2134.
By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Tolbert of the 58th, Thomas of the 55th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.
HB 2157.
By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to provide for homestead exemptions from City of Carrollton ad valo rem taxes for educational purposes for certain residents of that school dis trict.
HB 2162.
By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th, Bordeaux of the 122nd, Merritt of the 123rd and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to increase the limit of the authority of the recorder's court to impose fines for contempt from $50.00 to $500.00.
HB 2165. By Representative Breedlove of the 60th:
A bill to provide an exemption from City of Suwanee ad valorem taxes for the full value of homesteads of residents of the City of Suwanee who are 65 years of age or over or who are disabled.
4598
JOURNAL OF THE HOUSE,
HB 2166.
By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act relating to the Board of Education of Newton County, so as to change the description of the districts from which members of the board are elected.
HB 2167.
By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating a board of commissioners of Newton County, so as to change the composition of the districts from which members of the board are elected.
HB 2168. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to provide for the collection of additional costs in cases before the Magistrate Court of Walker County as law library fees.
HB 2169. By Representatives Alford of the 57th, Irwin of the 57th, Sherrill of the 47th, Baker of the 51st, McKinney of the 40th and others:
A bill to create the DeKalb Ad Valorem Tax Survey Commission.
HB 2170.
By Representatives Dixon of the 151st and Blitch of the 150th:
A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to change provisions relating to education districts.
HB 2171. By Representatives Dixon of the 151st and Blitch of the 150th:
A bill to amend an Act creating the board of commissioners for Charlton County, so as to change provisions relating to commissioner districts.
HB 2172. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act creating the board of commissioners of Dade County, so as to change the composition of the commission districts.
HB 2173. By Representative Jackson of the 9th:
A bill to create the Dawson County Board of Commissioners Study Commis sion.
HB 2175. By Representative Ray of the 98th:
A bill to provide for compensation and expenses of the chairman and mem bers of the Board of Education of Crawford County.
HB 2176.
By Representative Ray of the 98th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to regulate or restrict, and provide for the regulation or restric tion of, the depositing of sludge on public or private property in Crawford County.
HB 2177. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to change the manner of selecting the members of the Board of Educa tion of Towns County.
TUESDAY, MARCH 31, 1992
4599
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House:
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.
HR 788. By Representatives Smith of the 156th and Fennel of the 155th:
A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of a marina facility in, on, over, under, upon, across, or through property owned by the State of Georgia in Glynn County, Geor gia.
HR 1010. By Representative Holland of the 136th: A resolution designating the Scooterville Highway.
HR 1029. By Representative Oliver of the 121st: A resolution designating Coleman's Bridge.
The hour of adjournment having arrived, the Speaker announced the House adjourned sine die.
INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1992
PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART II --NUMERICAL TABULATION (House Bills)
PART III -- NUMERICAL TABULATION (House Resolutions)
PART IV -- NUMERICAL TABULATION (Senate Bills in House)
PART V -- NUMERICAL TABULATION (Senate Resolutions in House)
PART VI -- NUMERICAL TABULATION (Special Session)
HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
ABANDONMENT, CHILD Children and youth; community innovation zones; designate ...................................HB 1050 Children; certain cases; provide legal counsel................................................................HB 180 Joint Study Committee for the Well-being of Georgia's Children; create...............................................................................................................HR 333
ABANDONMENT, PROPERTY Derelict motor vehicles; disposition.................................................................................HB 783 Disposition of unclaimed property; amend provisions................................................HB 1397 Motor vehicles; moving or storing; liens..........................................................................SB 339 Motor vehicles; prohibit access by child.......................................................................HB 1373 Motor vehicles; require easy opening from inside.......................................................HB 1156
ABBEVILLE, CITY OF; mayor and council; salaries................................................HB 2145 ABORTION
Advertisements; include physicians' names and degrees............................................HB 1064 Fetal anesthesia; alleviation of organic pain..................................................................HB 767 Informed consent ..............................................................................................................HB 1062 State employees' health insurance plan; elective abortions;
prohibit coverage...........................................................................................................HB 1665 ACCOUNTANTS
Actions for damages; limitations....................................................................................HB 1219 Public accountancy; quality review; confidentiality ....................................................HB 1221 Torts; liability; limitations ..............................................................................................HB 1220 ACUPUNCTURISTS; regulation......................................................................................HB 88 ACWORTH, CITY OF Corporate limits ................................................................................................................HB 1543
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5912
INDEX
ACWORTH, CITY OF (Continued) Downtown development authority; define projects...................................................HB 19EX Municipal court; create probation office.......................................................................HB 1768
AD VALOREM TAX Additional equalization boards; repeal; certain counties............................................HB 1117 Amend provisions; mobile homes; location permits.......................................................SB 617 Appealed assessments; property value; Consumer Price Index - CA.........................HR 991 Assessment; reduction as result of appeal; property owner's expenses...........................................................................................................HB 1966 Boards of equalization; authorize additional boards in certain counties...........................................................................................................................HB 1889 Boards of equalization in certain counties; change population figures.............................................................................................................................HB 2041 Boards of equalization; provisions for additional boards...........................................HB 1890 Boats; functional location................................................................................................HB 1263 Certain boats outside state; exempt..............................................................................HB 1956 Certain documents; escrow accounts.............................................................................HB 1962 Certain tax appeals; time interest accrual begins........................................................HB 1562 Chief appraiser; board of tax assessors member; approval..........................................HB 832 Community service organizations; exemption..............................................................HB 1375 County property tax assessments; advertising provision; repeal...............................HB 1160 Definitions; tangible property, assessment.....................................................................HB 463 Delinquent taxes; certain counties; revise population figures...................................HB 2042 Digests; disapproval provisions; exception....................................................................HB 1110 Education funding; repeal ad valorem tax; impose 3% sales tax - CA.....................HR 655 Exempt certain increase in property value - CA...........................................................HR 931 Fair market value; federal or state restrictions on property use................................HB 233 Freeport exemption............................................................................................................HB 198 Freeport exemption; clarification...................................................................................HB 1286 Freeport exemption; property valuation.........................................................................HB 357 Heavy-duty construction equipment.............................................................................HB 1279 Heavy-duty construction equipment; exceptions.........................................................HB 1460 Heavy-duty equipment motor vehicles; classification - CA.........................................HR 715 Herty Foundation; tax exemptions..................................................................................HB 312 Homestead definition in certain counties; population brackets................................HB 1945 Homestead exemption; age 65 or over; increase to $10,000.......................................HB 2072 Homestead exemption; applications in certain counties; population brackets..........................................................................................................................HB 1896 Homestead exemption applications; population brackets; exclude CarrollCounty...............................................................................................................HB 1885 Homestead exemption; retirement community homestead........................................HB 1632 Installment payments; due dates...................................................................................HB 1131 Intangible personal property; include computer software..........................................HB 2028 Interest on delinquent taxes; certain counties; population brackets........................HB 1878 Interest on delinquent taxes; certain counties; population brackets........................HB 1894 Interest on unpaid taxes; change population figures..................................................HB 2088 Jeopardy assessments by local tax commissioner........................................................HB 1808 Joint city-county boards of tax assessors; repeal certain Acts..................................HB 1537 Land bank authorities; property acquisition; certain taxes.......................................HB 1692 Landmark historic property; include residential real property.................................HB 2006 Landmark historic property; preferential assessment ...................................................SB 607 Litigation proceedings; payment of assessment...........................................................HB 1428 Local governments; special service districts; administration.....................................HB 1410 Millage rate; publication requirement.............................................................................HB 250 Mobile home permits; certain counties; population brackets....................................HB 1880 Mobile home permits; certain counties; population brackets....................................HB 1891 Mobile homes; certain counties; population brackets.................................................HB 1895
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INDEX
5913
AD VALOREM TAX (Continued) Mobile homes; decal violations; magistrate court enforce..........................................HB 1927 Mobile homes; moving without decals; certain notification.......................................HB 1588 Mobile homes; time for payment; county decals.........................................................HB 1616 Motor vehicles and mobile homes; certain requirement...............................................HB 943 Motor vehicles; return for taxation; amend provisions...............................................HB 1826 Municipal taxes; county or municipal assessment; population figures ....................HB 2034 Payments in certain counties; population brackets .......................................................SB 633 Property acquired by state; reduced liability.................................................................HB 435 Property assessment appeal; taxpayer access to certain information ......................HB 1964 Property assessment; fair market value........................................................................HB 1463 Property outside state; exempt.........................................................................................HB 668 Property tax litigation; jurisdiction of superior court; payment of taxes...........................................................................................................HB 1957 Property value; acquisition - CA......................................................................................HR 188 Public utilities; operating property; return for taxation............................................HB 1671 Quality basic education; local fair share funds; limitation.........................................HB 1801 Real estate appraisers; licensing; requirements...........................................................HB 1289 Real estate transfer tax; exempt foreclosure sale........................................................HB 1464 Real estate transfer tax; filing..........................................................................................HB 466 Real property; acquisition by transfer; tax return......................................................HB 1561 Real property; bona fide sale; appraised value; Consumer Price Index-CA.............................................................................................................HR 990 Real property; fair market value; advertised price......................................................HB 1961 Real property; fair market value; determinants ..........................................................HB 1960 Real property; fair market value; sale price.................................................................HB 1959 Referendum time period; freeport exemption; local option sales tax..........................................................................................................................HB 1243 Return; notice of changes; provisions............................................................................HB 1963 Returns; certain counties; population classification....................................................HB 1101 Returns; time for making; certain counties; population brackets.............................HB 1893 Returns; time for presentation in certain counties; population brackets..........................................................................................................................HB 1892 Returns; time for presentation; population brackets..................................................HB 1883 School purposes; limitation - CA.....................................................................................HR 726 Special Program of Services for At-Risk Children and Their Families Act; enact.......................................................................................................HB 1073 Standing timber; purchase reports to tax assessors; disclosure.................................HB 1867 Standing timber; sales and harvests; when taxable.....................................................HB 1834 Tax assessment appeal; certain discussion; taxpayer's rights....................................HB 1965 Tax assessments; appeals and reviews; certain counties............................................HB 1118 Tax assessments; appeals to superior court; utilize county appraisal staff................................................................................................................HB 1124 Tax assessments; certain counties; population brackets.............................................HB 1897 Tax assessments; taxpayer and board of equalization disputes; arbitration......................................................................................................................HB 1123 Tax collectors and appraisers; duties and responsibilities............................................SB 539 Tax deferral for the elderly; alternative method...........................................................HB 505 Tax deferral for the elderly; annual income of $25,000................................................HB 507 Tax deferral for the elderly; annual income of $40,000................................................HB 506
Tax deferral for the elderly; certain counties; alternative method..........................................................................................................HB 503
Tax deferral for the elderly; certain counties; repeal alternative method..............................................................................................HB 504
Tax digest; appeal of rejection .........................................................................................HB 411
Tax digest; appeals and arbitrations; conditions for approval....................................HB 858
Tax digest; conditional approval......................................................................................HB 410
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5914
INDEX
AD VALOREM TAX (Continued) Tax digest; disapproval by commissioner; assessment..................................................HB 414 Tax digest; disapproval provisions; exception..............................................................HB 1110
- Tax digest; disapproved; collection authorization.........................................................HB 415 Tax digest; evaluation cycle; provisions........................................................................HB 1595 Tax lien; security interest; priority................................................................................HB 1722 Tax returns; population brackets applicable to Carroll County; repeal ..................HB 1886 Time for returns; homestead exemption filing date ......................................................SB 695 Time for returns in certain counties; change population figures..............................HB 2085
ADAMS, DONALD E.; compensate................................................................................HR 815
ADAMS, MRS. B. C., SR.; commend............................................................................HR 1173
ADERHOLD, CHAIRMAN JOHN E.; Geo. L. Smith II Georgia World Congress Center; commend
HR 1044
ADJOURNMENT
Adjourn 8/31/91; reconvene 9/4/91.................................................................................SR 4EX Adjourn 1/17/92; reconvene 2/3/92..................................................................................HR 642 Adjourn 2/7/92; reconvene 2/10/92..................................................................................HR 830 Adjourn 2/14/92; reconvene 2/17/92.................................................................................SR 476 Adjourn 2/21/92; reconvene 2/24/92................................................................................HR 929 Adjourn 2/28/92; reconvene 3/2/92..................................................................................HR 992 Adjourn 3/6/92; reconvene 3/11/92................................................................................HR 1018 Adjourn 3/12/92; reconvene 3/18/92..............................................................................HR 1038 Adjourn 3/20/92; reconvene 3/23/92..............................................................................HR 1106 Adjourn 3/25/92; reconvene 3/30/92..............................................................................HR 1182 Adjourn sine die 9/5/91 .................................................................................................HR 87EX Adjourn sine die 3/31/92 .................................................................................................HR 1263
ADMINISTRATIVE PROCEDURE Certificate of need; state health planning; judicial review............................................SB 586 State agencies; synopsis of proposed rules......................................................................SB 534
ADMINISTRATIVE SERVICES, DEPARTMENT OP Distance Learning and Telemedicine Act; enact............................................................SB 144 Purchasing; acquisition of products produced in United States...................................HB 92
ADMINISTRATORS AND EXECUTORS (Also, see Wills, Trusts and Administration of Estates) Administrator, executor, or guardian; distributing fiduciary; commission.....................................................................................................................HB 1521 Certain investments; authorize.......................................................................................HB 1821 Lost or destroyed will; copy accepted for probate........................................................HB 440 Lost or destroyed will; presumption of revocability; applicability ..............................SB 828 Self-proved will; testator and witnesses; affidavits.......................................................HB 556 Trusts; beneficiary of will; appointment of administrator.........................................HB 1520 Unrepresented estate; temporary administrator; appointment; powers...................HB 2037 Year's support; certain items; delete provisions............................................................HB 541
ADMIRAL MACK GASTON PARKWAY; designate..............................................HR 874
ADOPTION Birth certificates; amend provisions.................................................................................SB 601 Child custody; certain change of residence; notification..............................................HB 896 Petition verification; criminal records check................................................................HB 1599
ADVERTISING Abortions; include physicians' names and degrees......................................................HB 1064 Ad valorem tax; millage rate; publication requirement................................................HB 250
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INDEX
5915
ADVERTISING (Continued) Alcoholic beverages; exceptions to prohibition............................................................HB 1184 Debt relief; include term bankruptcy...............................................................................SB 582 Deceptive practices; certain use of local phone number by nonlocal business; prohibit..........................................................................................HB 1314 Highways; bus shelters on public rights of way; amend provisions.............................SB 616 Insurance; unfair practices; certain advertising; carry-over deductible.........................................................................................................................HB 904 Judicial sales; official organ provisions.........................................................................HB 1545 Legal advertisements; publication in certain counties................................................HB 1952 Legal services; certain prohibitions................................................................................HB 1860 Newspaper; official county organ; certain requirement.................................................SB 515 Nonresident landlords; service of complaints ..............................................................HB 1270 Personal care home; redefine; prohibitions ..................................................................HB 2119 Property tax assessments; repeal provision..................................................................HB 1160 Sales advertisements; availability disclaimer; type size..............................................HB 1556 Telephones; advertising or solicitation calls; block access.........................................HB 2185
ADVISORY COMMITTEE ON MINORITY BUSINESS ENTERPRISE Commend.............................................................................................................................HR 923 Invite to House ...................................................................................................................HR 791
ADVOCATES FOR BARTOW'S CHILDREN; commend...................................HR 48EX
AGED (See Elderly)
AGENCIES (See Named Agency or State Government)
AGRICULTURE Agricultural licensees or lessees; campaign contributions; prohibitions.......................................................................................................................SB 458 Agricultural products; payment by dealer to producer ..............................................HB 1241 Aquaculture Development Act; repeal; reenact..............................................................SB 630 Aquatic Weed Control Act; enact..................................................................................HB 1552 Certain agricultural, farm, and crop definitions; Humane Care of Equines Act; enact......................................................................................................SB 520 Commercial Code; security interest in crops; sharecroppers.....................................HB 1420 Commercial Code; security interests in crops; priority...............................................HB 1415 Commercial feeds; amend provisions.............................................................................HB 1200 Commercial fertilizers; use of sludge; approval...........................................................HB 1955 Cruelty to animals; define offense .................................................................................HB 1691 Dairy manufacturers; exempt certain retail establishments......................................HB 1194 Dairy products; delete from definition of agricultural products..................................SB 519 Drivers' licenses; migrant farm workers; exemption...................................................HB 1138 Employees; off-duty lawful activities; nondiscrimination.............................................SB 256 Employees; use of legal agricultural commodities; nonworking hours.......................HB 925 Excise tax on cigarettes; increase...................................................................................HB 1639 Farm wineries in state; wine in bond; sell to each other .............................................HB 756 Farm wineries; Sunday sales; remote tasting rooms.....................................................HB 676 Flue-cured leaf tobacco; auction sales; license fees.....................................................HB 1199 Grain dealer, commercial feed dealer, or warehouseman; annual license fee..........................................................................................................HB 1723 Grain dealers; license fees...............................................................................................HB 1198 Honeybees; compensation for destroyed colonies........................................................HB 1195 Humane Care for Equines Act; enact............................................................................HB 1265 Labels for agricultural seeds; show year produced......................................................HB 1747 Liming Materials Act of 1992; provisions........................................................................SB 521 Motor vehicle; projecting load; flag requirement...........................................................HB 568 Ostrich farming; urge feasibility study............................................................................HR 772
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5916
INDEX
AGRICULTURE (Continued) Perishable Agricultural Commodity Act; provide........................................................HB 1414 Pesticides; prohibitions....................................................................................................HB 1196 Sales tax exemption; bulk curing tobacco barns..........................................................HB 1484 Sales tax; farm equipment repair; exempt from definitions......................................HB 1419 Sales tax; food consumed off premises; exemption.......................................................HB 105 Sales tax; food consumed off premises; exemption - CA ...............................................HR 10 Smoking in food establishments; prohibitions...............................................................HB 432 Warehouses; license and inspection fees.......................................................................HB 1225 Weights and measures; schedule of fees .......................................................................HB 1193
AIR POLLUTION Air Quality Act and Motor Vehicle Emission Inspection and Maintenance Act; recodify..........................................................................................HB 1440 Air Quality Act; comprehensively revise provisions....................................................HB 1439 Motor vehicle emission inspection; urge Congress allow use of Bar 90 testing system.....................................................................................................HR 930 Odor-causing chemicals; emission limitations..............................................................HB 1554 Uniform Conservation Easement Act; enact................................................................HB 1388
AIRLINES AND AIRPORTS (See Aviation)
ALBANY DAY AT THE CAPITOL; declare 2/3/92; invite representatives to House ............................... ...... ........ . . HR 718
ALBERT D. CLIFTON MEMORIAL HIGHWAY; designate...............................HR 926
ALCOHOLIC BEVERAGES AND ALCOHOLISM Advertising prohibition; exceptions...............................................................................HB 1184 Alcohol and drug course; State Board of Education supply teachers........................HB 562 Alcohol and drug courses; fees..........................................................................................HB 164 Alcohol and drug education course; fees.........................................................................HB 147 Alcohol, distilled spirits, table wines, and dessert wines; first sale, use, or final delivery; state excise tax......................................................HB 1741 Alcoholic beverage sales; certain coliseum authorities................................................HB 1437 Alcoholic beverage sales; certain counties; change population figures.........................................................................................................HB 1533 Boats and personal watercraft; regulate operation.........................................................SB 474 Caterers; licensing; prohibitions........................................................................................SB 319 Certain drivers' licenses and identification cards; retroreflective finish.......................................................................................................HB 786 Certain excise taxes; increase..........................................................................................HB 1636 Certain sales in certain counties; prohibitions; population brackets........................HB 2015 Certain sales on election day; prohibit.............................................................................SB 549 Certain traffic offenses; persons under age 18; suspend driver's license until 18..................................................................................................HB 868 Clinical social worker; involuntary emergency treatment certification; evaluation team report.........................................................................HB 1068 Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; create ......................................................................................SB 811 Consumption on premises; prohibitions............................................................................HB 51 Department of Corrections and Board of Pardons and Paroles; drug tests on inmates; procedures..........................................................................................SB 678 Department of Human Resources; unmarked motor vehicles; exception..........................................................................................................................HB 812 Distilled spirits; retail dealer license; provisions .........................................................HB 1600 Driver's license reinstatement; certain courses; out-of-state certificate .......................................................................................................................HB 1508
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INDEX
5917
ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Driver's license restoration; certain clinics; restrict solicitations....................................................................................................................HB 1582 Driver's license restoration; certain course completion; points reduction...............................................................................................................SB 579 Driver's license suspension; change provisions and penalties.......................................SB 274 Driver's license suspension; driving under the influence; amend provisions.............................................................................................................SB 665 Driver's license suspension; refusing chemical test; certain traffic accident; definition.............................................................................................HB 451 Driver's license suspension; reinstatement.....................................................................HB 840 Drivers' licenses; driving under the influence; implied consent...................................SB 528 Driving under the influence; additional assessment; compensation for crime victims..............................................................................................................SB 524 Driving under the influence; additional penalties.........................................................HB 115 Driving under the influence; alcohol concentration level...............................................HB 64 Driving under the influence; alcohol concentration level...............................................HB 75 Driving under the influence; alcohol concentration level.............................................HB 363 Driving under the influence; alcohol concentration level..............................................SB 113 Driving under the influence conviction; appeal bond; discretionary........................HB 1584 Driving under the influence; defendant's record of traffic offenses; attach to judge's sentence ..............................................................................SB 664 Driving under the influence; driver's license suspension; amend provisions.............................................................................................................SB 489 Driving under the influence; driver's license suspension; certain course completion for reinstatement...............................................................SB 596 Driving under the influence; eliminate nolo contendere plea......................................HB 152 Driving under the influence; first conviction; written notification to defendant of subsequent conviction penalties...............................HB 2116 Driving under the influence; first offenders; education/intervention program...................................................................................HB 159 Driving under the influence; fourth through sixth convictions; penalties .....................................................................................................HB 425 Driving under the influence; habitual violator; forfeiture..............................................HB 74 Driving under the influence; ignition interlock device; condition of probation....................................................................................................HB 165 Driving under the influence; ignition interlock device; condition of probation..................................................................................................HB 1122 Driving under the influence; marked driver's license and bumper sticker.........................................................................................................HB 530 Driving under the influence; nolo contendere plea; driver's license suspension; repeal certain provisions...............................................................SB 478 Driving under the influence; nolo contendere plea; restrictions..................................SB 640 Driving under the influence; optional sentence; appear before victims or survivors ......................................................................................................HB 1995 Driving under the influence; prohibit nolo contendere plea......................................HB 1267 Driving under the influence; publication of conviction notice; payment.............................................................................................................HB 1683 Driving under the influence; suspension of driver's license...........................................HB 65 Driving under the influence; symbol of conviction; affix to license plates..................................................................................................................HB 1268
Driving under the influence; third conviction; treatment..............................................HB 77
Driving under the influence; third or subsequent conviction; increase penalty..........................................................................................HB 364
Driving under the influence; trial by jury; waiver..........................................................SB 525
Drug abuse prevention services; good faith provider; liability....................................HB 827
DUI alcohol or drug use risk reduction programs.........................................................HB 297
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5918
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ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) DUI alcohol or drug use risk reduction programs; instructors; criminal records checks..................................................................................................HB 358
- Endangering a child by driving under the influence; define separate offense.............................................................................................................HB 1266
Farm wineries in state; wine in bond; sell to each other.............................................HB 756 Farm wineries; Sunday sales; remote tasting rooms.....................................................HB 676 Geo. L. Smith II Georgia World Congress Center; alcoholic
beverage sales; consumption on premises.................................................................HB 1942 Health and mental health; amend Code provisions......................................................HB 716 Homicide by aircraft; define offense .............................................................................HB 1294 Malt beverages; production for home consumption........................................................HB 62 Mental health; patient cost of care; amend provisions...............................................HB 1597 Mental health services; equitable funding; urge Department of
Human Resources...........................................................................................................HR 934 Motor vehicles; habitual impaired driving offense; probationary
license; endangering a child by driving under the influence....................................SB 487 Murder by vehicle; define offense....................................................................................HB 687 Open container in vehicle; prohibitions..........................................................................HB 651 Open container while driving or passenger; prohibit....................................................HB 254 Open container while driving; prohibitions.......................................................................SB 52 Package stores; certain prohibitions..................................................................................HB 52 Persons under age 21; prohibit from certain premises...................................................HB 61 Pharmacists; license hearings; certain disabilities.........................................................HB 136 Possession by persons under age 21; driver's license suspension;
DUI Alcohol or Drug Use Risk Reduction Program.................................................HB 150 Psychologists; powers and functions................................................................................HB 408 Purchase by persons age 21 or younger; penalty.............................................................HB 22 Refunds or credits for taxes; manner of collecting taxes..............................................SB 774 Sales at publicly owned facilities; nondrinking area...................................................HB 1906 Sales for consumption on premises; Geo. L. Smith II Georgia
World Congress Center...................................................................................................SB 773 Sales in certain counties; population brackets.............................................................HB 1708 Sales on Sunday; remove prohibition..............................................................................HB 459 Sales; passenger vessels........................................................................................................HB 49 Self-sufficiency Trust Fund for Mentally Disabled Persons;
create................................................................................................................................HB 689 Special facilities by Department of Human Resources;
certain notification required .........................................................................................HB 573 Sunday sales and sales by drink; sales in coliseums; population..............................HB 1451 Sunday sales at festivals in certain counties...................................................................SB 728 Sunday sales at festivals in certain municipalities;
population figures............................................................................................................SB 746 Sunday sales in certain counties; change population figures.....................................HB 2089 Sunday sales in certain counties; population brackets...............................................HB 1882 Sunday sales; outdoor festivals; certain municipalities..............................................HB 1115 Uniform rules of the road; nolo contendere plea; restrictions......................................SB 516
ALFORD, HONORABLE DEAN; communication...................................................Page 209
ALI, MUHAMMAD; commend......................................................................................HR 1146
ALIENS Employment loyalty oath; delete certain reference.......................................................HB 190 Prohibit ownership of public utilities................................................................................HB 12
ALIMONY AND CHILD SUPPORT Accident and sickness insurance; coverage...................................................................HB 1383
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INDEX
5919
ALIMONY AND CHILD SUPPORT (Continued) Child care expenses; court-ordered reimbursement; include Department of Human Resources..............................................................................HB 1598
-Child support awards; change method of computation ................................................HB 816 Child support; continuation past age of majority........................................................HB 1013 Child support; continuation past age of majority........................................................HB 1519 Child support; continuation past age of majority ..........................................................SB 360 Child support determination hearings; prohibit jury trial .........................................HB 1318 Child support enforcement; district attorney; representation...................................HB 1815 Child support; health insurance; payroll deduction....................................................HB 1276 Child support; putative father registry.........................................................................HB 1277 Child support receiver; collect court costs and service fees.......................................HB 1687 Child support receiver; collect court costs and service fees.......................................HB 1900 Child Support Recovery Act; amend provisions............................................................HB 426 Child Support Recovery Act; amend provisions..........................................................HB 1384 Custodial parent; change of residence; notify noncustodial parent..........................HB 1814 Modification of alimony or child support; nonresident jurisdiction.......................................................................................................................HB 806
ALPHARETTA, CITY OF Community improvement districts; create ...................................................................HB 2127 Election districts; reapportion........................................................................................HB 1729 Mayor and council; powers..............................................................................................HB 1732
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICAN TELEPHONE AND TELEGRAPH AND COMMUNICATIONS WORKERS OF AMERICA Urge good faith negotiation............................................................................................HR 1167
AMERICUS, CITY OF; new charter.............................................................................HB 1630
ANDERSON, DR. GLORIA LONG; commend.........................................................HR 1240
ANDREWS, MODENIA NASH; commend..............................................................HR 30EX
ANGELLE, MARIKA 1992 Miss Cobb County; commend .................................................................................HR 735 1992 Miss Cobb County; commend .................................................................................HR 852
ANIMALS Aggravated animal abuse of dogs or cats; penalty .........................................................SB 772 Bird dealers; license fees .................................................................................................HB 1197 Cockfighting; provide for felony offense.........................................................................HB 871 Cruelty to animals; define offense .................................................................................HB 1691 Dog and cat abuse; prohibit; penalties............................................................................HB 618 Dog racing; authorize pari-mutuel wagering.....................................................................HB 54 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Equine activities; immunity from liability for certain persons....................................SB 287 Falconry; amend provisions.............................................................................................HB 1418 Game and fish; wildlife; amend provisions...................................................................HB 1322 Honeybees; compensation for destroyed colonies........................................................HB 1195 Horse racing; authorize pari-mutuel wagering.................................................................HB 55 Horse racing; provide for pari-mutuel wagering - CA....................................................HR 22 Humane Care for Equines Act; enact............................................................................HB 1265 Humane Care for Equines Act; enact; certain agricultural, farm, and crop definitions ........................................................................................................SB 520 Hunting wildlife; prohibitions; designate Pogo 'Possum official state 'possum....................................................................................................HB 1548
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5920
INDEX
ANIMALS (Continued) Live fox; trapping and selling; provisions.....................................................................HB 1668 Livestock dealers; leased livestock sales; liability to
-- owner or lessor..............................................................................................................HB 1540 Ostrich farming; urge feasibility study............................................................................HR 772 Pari-mutuel racetracks and wagering; authorize ...........................................................HB 777 Pet dealers and kennel, stable, and animal shelter operators; license fees.....................................................................................................................HB 1201 Pogo 'Possum; designate official state 'possum ...........................................................HB 1325 Rabies control; procedures; inoculation of felines..........................................................SB 602 Wildlife; hunting and fishing privileges; suspension...................................................HB 1365
ANNEXATION; comprehensive revision of provisions; unincorporated islands.......HB 113
ANTHONY, LESTER Commend ...........................................................................................................................HR 1179 Invite to House .................................................................................................................HR 1114
APPEAL AND ERROR Child custody cases; inapplicability..................................................................................SB 542 Court of Appeals; Joint Session; Governor's message; invite Judges and Supreme Court Justices............................................................................HR 639 Court of Appeals; Judges and Supreme Court Justices; retirement benefits; delete certain provisions................................................................................HB 479 Damages for frivolous appeal..........................................................................................HB 1161 Death penalty; eliminate ...................................................................................................HB 106
APPLING COUNTY Baxley Appling County Hospital Authority; members...............................................HB 2142 Board of commissioners; districts ..................................................................................HB 2114 Board of education; districts...........................................................................................HB 2113
APPROPRIATIONS AND FISCAL AFFAIRS Appropriations bills; time period before consideration..............................................HB 1191 Fiscal year; April 1-March 31; authorization - CA..........................................................HR 32 General appropriations; FY 1992-93..............................................................................HB 1261 Legislative fiscal oversight committee; create; state auditor; powers..........................SB 410 MARTA; prohibition of certain state funds; repeal......................................................HB 586 MARTA; state funds; eligibility to receive...................................................................HB 1060 Revenue bills; originate in either House - CA..................................................................SR 13 State agencies; certain programs; periodic review .........................................................HB 818 State budget; items affecting children; budget unit heads; submit separate children, youth, and families budget............................................HB 1798 State government; budget unit funds; prohibitions....................................................HB 1239 State Properties Commission; acquisitions; reports; budget estimates.......................SB 638 State Revenue Estimate Board; create - CA................................................................HR 1027 Supplemental appropriations; FY 1991-92...................................................................HB 1EX Supplemental appropriations; FY 1991-92.....................................................................HB 286 Supplemental appropriations; FY 1991-92...................................................................HB 1126 Supplemental appropriations; FY 1991-92...................................................................HB 1127 Supplemental appropriations; FY 1991-92...................................................................HB 1262
ARANT, ROSE MARIE, commend ..............................................................................HR 1283
ARBOR DAY; one hundred first anniversary; commend..............................................HR 798
ARE, DR. THOMAS L.; commend..................................................................................HR 821
ARNOLD, DR. RICHARD DENNIS; commend........................................................HR 800
ARNOLD, FRANKIE AND LAWRENCE; commend............................................HR 1215
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INDEX
5921
ARNOLD, FRED; commend .............................................................................................HR 916
ARRESTS Bail; acceptance; commitment hearing not required.....................................................HB 495 -Bail bonds; release of surety; surrender of principal..................................................HB 1706
ARTS Georgia Citizens for the Arts; commend.........................................................................HR 754 Georgia Folk Festival; designate as official state folk festival..................................HB 1361 Georgia folklife; programs, archives, trust fund; provide.............................................HB 946 Jazz; official state music; designate month of February..............................................HR 882 Springer Opera House; designate official state theater..............................................HB 1151 Ticket sales; authorized service charges...........................................................................SB 700 Works of art; duplicating; remove certain requirements............................................HB 1902
ASHE, HONORABLE KATHY Committee assignments.................................................................................................Page 4608 Oath of office ..................................................................................................................Page 4605
ASSAULT OR BATTERY Sexual assault against persons under psychotherapeutic care; define offense ................................................................................................................HB 1523 Simple and aggravated AIDS battery; define offenses; penalties...............................HB 910 Simple assault or simple battery against a sports official; define offenses...............................................................................................................HB 1994 Simple battery against police officer or law enforcement dog; penalty......................SB 255 Simple battery in courtroom; define offense................................................................HB 1863
ASSOCIATION COUNTY COMMISSIONERS OF GEORGIA; commend .....HR 953
ASSOCIATION FOR THE CARE OF CHILDREN'S HEALTH; commend ..HR 1139
ATHENS, CITY OF Athens-Clarke County; commission districts...........................................................,....HB 1491 Athens-Clarke County Industrial Development Authority; membership...................SB 866 Athens-Clarke County; juvenile court; transfer to state-wide services....................HB 1494 Athens-Clarke County; state court solicitor; compensation.......................................HB 1492 Athens-Clarke County Unified Government; commend...............................................HR 869 Convey property..................................................................................................................HR 778
ATLANTA AREA CHAPTER OF THE ALZHEIMER'S ASSOCIATION; commend............................................................................................HR 797
ATLANTA BRAVES 1991 BASEBALL TEAM; commend..................................HR 694
ATLANTA CHAPTER OF THE JUVENILE DIABETES FOUNDATION INTERNATIONAL Commend.............................................................................................................................HR 756 Commend.............................................................................................................................HR 757
ATLANTA, CITY OF Ad valorem tax; collections by Fulton County; payment...........................................HB 1777 Ad valorem tax; remittance to board of education.....................................................HB 1926 Alcoholic beverages; Sunday sales at festivals; population figures..............................SB 746 Binding contracts; nonprofit aquariums.......................................................................HB 1555 Board of education; operation of schools; population figures ......................................SB 742 Bond issuance without referendum; limitation...............................................................SB 455 Campus policemen; certain colleges; repeal certain definition....................................HB 610 Certain property conveyance; repeal Act authorizing....................................................SR 375 City of Atlanta and Fulton County Recreation Authority; amend provisions..........................................................................................................HB 1363
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5922
INDEX
ATLANTA, CITY OF (Continued) City of Atlanta and Fulton County Recreation Authority; redefine project.............................................................................................................HB 1835 Contracts for criminal justice facility; repeal certain provision..................................HB 322 Corporate limits................................................................................................................HB 2009 Council; amend provisions ...............................................................................................SB SEX Council president; amend provisions.............................................................................HB 7EX Employee pension rights; change population figures.....................................................SB 789 Homestead exemption; certain residents......................................................................HB 1780 Homestead exemption; certain residents......................................................................HB 1785 Housing authority commissioners; amend provisions.................................................HB 1130 Joint city-county boards of equalization; create..........................................................HB 1653 Joint city-county boards of tax assessors; repeal certain Acts..................................HB 1537 Mayor succeeding self; delete prohibition ....................................................................HB 2008 Metropolitan Atlanta Olympic Games Authority; membership..................................HB 921 Municipal court; additional fines......................................................................................SB 694 Municipal court; fees........................................................................................................HB 1712 Municipal court fines; additional penalties..................................................................HB 1792 Traffic court; penalties ....................................................................................................HB 1791
ATLANTA FALCONS; commend 1991 team................................................................HR 833
ATLANTA GOSPEL FORUM AND CITY-WIDE YOUTH REVIVAL; commend...................................................................................HR 1258
ATLANTA JUDICIAL CIRCUIT; assistant district attorneys; salaries..............HB 1398
ATLANTIC STATES MARINE FISHERIES COMMISSION; congratulate..................................................................................v...HR 7EX
ATTORNEY GENERAL Certain elected officials; plurality of votes - CA.............................................................HR 38 Employment of private counsel......................................................................................HB 1441 Practice of law; regulation; General Assembly provide by law - CA..........................HR 670 Practice of law; urge Supreme Court reconsider admission rules................................SR 514
ATTORNEYS Assistant district attorneys; define LL.M. degree..........................................................SB 787 Attorney General; employment of private counsel......................................................HB 1441 Bankruptcy filings; recommendations for processing and adjudication .....................SR 426 Civil practice; depositions; plaintiff attend examination ...........................................HB 1218 County attorneys; authorization; residency requirements............................................HB 371 Covenants running with the land; petition to extend; name verification.....................................................................................................................HB 2066 Criminal procedure; disclosure of evidence; exceptions..............................................HB 1782 Employees' Retirement System; certain attorneys and employees; membership.................................................................................................HB 742 Expert testimony; amend provisions.............................................................................HB 1547 False advertising; legal services; prohibitions...............................................................HB 1860 Financial institutions and attorneys; trust accounts...................................................HB 1097 Indigent defense; capital cases; fees ..............................................................................HB 1291 Juries; peremptory challenges; equal number..............................................................HB 1635 Juries; peremptory challenges; equal number..............................................................HB 1797 Juvenile judges practicing law; certain judicial circuits; repeal prohibition .........................................................................................................HB 1357 Juvenile judges practicing law; certain judicial circuits; repeal prohibition .........................................................................................................HB 1358 Juvenile judges practicing law; certain judicial circuits; repeal prohibition .........................................................................................................HB 1473
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INDEX
5923
ATTORNEYS (Continued) Juvenile judges practicing law; certain judicial circuits; repeal prohibition.........................................................................................................HB 1884 Occupation tax; practitioner's principal office; amend.................................................HB 697 Practice of law; regulation; General Assembly provide by law - CA..........................HR 670 Practice of law; urge Supreme Court reconsider admission rules................................SR 514 Principal and agent; conditional power of attorney....................................................HB 1518 State government; special meetings; notice..................................................................HB 1224 Superior court; request senior judge; consent of counsel.............................................HB 680 Tax execution; administration levy; fees ...........................................................................SB 56 Volunteer legal service agencies; fees in certain counties .............................................SB 627 Workers' compensation; amend provisions...................................................................HB 1550
AUBURN, CITY OF; commend centennial..................................................................HR 1213
AUCTIONEERS; auctioneers and used motor vehicle dealers; licensing provisions...........................................................................................................HB 1637
AUDITS AND AUDITORS; state depositories; cash management; policies and procedures....................................................................................................HB 1400
AUGUSTA, CITY OF Augusta-Richmond County Commission-Council; districts.......................................HB 1838 Corporate limits..................................................................................................................HB 984 Mayor and council; succession in office........................................................................HB 2024 Municipal elections; population bracket..........................................................................SB 684
AUGUSTA GOLF ASSOCIATION; commend.........................................................HR 1259
AUGUSTA JUDICIAL CIRCUIT Fines; state probation office pay directly to counties.................................................HB 2174 Payment of fines..................................................................................................................SB 817
AUTHORITIES Alcoholic beverages; Sunday sales and sales by drink; sales in coliseums; population..............................................................................................HB 1451 Certain coliseum authorities; alcoholic beverage sales................................................HB 1437 Certain obligations; approval by State Financing and Investment Commission .............................................................................................HB 1967 Correctional Education School Authority; create..........................................................HB 517 County tollway projects; contract with State Tollway Authority...............................HB 713 Development and redevelopment; downtown development authorities; amend........................................................................................................HB 1102 Development authorities; number of directors ..............................................................HB 666 Environmental Facilities Authority; certain funds; solid waste loans......................HB 1391 Geo. L. Smith II Georgia World Congress Center; alcoholic beverage sales; consumption on premises.................................................................HB 1942 Geo. L. Smith II Georgia World Congress Center; alcoholic beverage sales; consumption on premises....................................................................SB 773 Georgia Airport Development Authority Law; enact....................................................HB 525 Georgia Airport Development Authority Law; enact..................................................HB 1106 Georgia Community Antenna Television (CATV) Authority; create .......................HB 1037 Georgia Ports Authority; membership.............................................................................SB 679 Georgia Rail Passenger Authority; members; terms .....................................................HB 850 GeorgiaNet Authority employees; membership; Employees' Retirement System.........................................................................................................HB 203 GeorgiaNet Authority; publication and sale of Georgia Register................................SB 379 Highways; bus shelters on public rights of way; amend provisions.............................SB 616 Hospital authorities; members' country club fees; prohibit payment ......................HB 1171 Hospital authorities; state grants for public health purposes.....................................HB 424
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5924
INDEX
AUTHORITIES (Continued) Hospital authorities; vacancy provisions.......................................................................HB 1186 Hospital Financing Authority; definitions; health facilities; participating providers....................................................................................................SB 731 Hotel-motel tax; certain authorities ..............................................................................HB 1212 Housing and Finance Authority; amend provisions; Hospital Financing Authority; repeal provisions........................................................................SB 600 Housing and Finance Authority; powers..........................................................................SB 513 Housing authorities; commissioners; number and selection ......................................HB 1089 Housing authorities; drug-free recreation or residential zones; provisions..............................................................................................................SB 592 Housing authorities; investments; change provisions..................................................HB 1067 Housing authorities; police powers..................................................................................HB 231 Housing authority commissioners; certain municipalities; amend provisions..........................................................................................................HB 1130 Jekyll Island-State Park Authority; membership............................................................HB 48 Jobs Creation Authority; create .....................................................................................HB 1874 MARTA; alternative fuel plans; provide by January 1, 1992......................................HB 881 MARTA; annual report; public notice............................................................................HB 218 MARTA; certain reserve funds; change date.................................................................HB 221 MARTA; collective bargaining; neutral arbitrator........................................................HB 738 MARTA; operating costs; exclusion from definition...................................................HB 1469 MARTA; police force; qualifications and powers; clarify.............................................HB 659 MARTA; prohibition of certain state funds; repeal......................................................HB 586 MARTA; security and police force; powers....................................................................HB 219 MARTA; state funds; eligibility to receive...................................................................HB 1060 Metropolitan Atlanta Olympic Games Authority; membership..................................HB 921 Municipal Gas Authority; membership; amend provisions...........................................SB 720 Political subdivisions; property purchase; appraisal requirements.............................HB 499 Regional surface and air transportation authorities; create.........................................HB 919 State Tollway Authority; private persons or entities; participation in projects...............................................................................................HB 1429 Upper Savannah River Development Authority; amend provisions.........................HB 1767
AVIATION Aircraft; noise abatement violation; penalty................................................................HB 1908 Airports; acquisition; consent of electors........................................................................HB 121 Airports; acquisition, construction, and maintenance; required consent................................................................................................................HB 73 Airports; certain acquisitions; zoning laws .......................................................................HB 46 Airports; certain property condemnation; prohibit........................................................SB 173 Airports; extraterritorial condemnation of property.......................................................HB 45 Counties and municipalities; acquire property for airport runways; referendum......................................................................................................HB 166 Counties and municipalities; airport outside boundary; Transportation Board approval....................................................................................HB 848 Georgia Airport Development Authority Law; enact....................................................HB 525 Georgia Airport Development Authority Law; enact..................................................HB 1106 Homicide by aircraft; define offense .............................................................................HB 1294 Regional surface and air transportation authorities; create.........................................HB 919 Sales tax; aircraft; definition and exemption.................................................................HB 627 Transportation projects; private entity contracts; authorize.....................................HB 1081
AVONDALE ESTATES, CITY OF; corporate limits...............................................HB 1972
INDEX
5925
B
BAGBY, HONORABLE GEORGE TALMADGE; commend...............................HR 1061
BAIL Acceptance; commitment hearing not required.............................................................HB 495 Bad check prosecution; cash bonds; provisions ...........................................................HB 1685 Bail bond business; prohibit public officials; exception.............................................HB 1802 Bonds; release of surety; surrender of principal..........................................................HB 1706 Delegation of authority to set; exception........................................................................HB 875 Driving under the influence conviction; appeal bond; discretionary........................HB 1584 Offenses bailable only before superior courts; provisions.............................................SB 388 Surety on bail bonds; certain persons...........................................................................HB 2014
BAKER, HONORABLE THURBERT; communication .........................................Page 209
BAKER, SHERIFF FRANK L.; condolences...............................................................HR 908
BAKER, SHERIFF SARAH LOU; commend .............................................................HR 909
BALDWIN COUNTY Board of commissioners; districts ..................................................................................HB 2007 Board of commissioners; districts.....................................................................................SB 625 Board of education; compensation....................................................................................SB 623 Board of education; districts..............................................................................................SB 624 Board of education; districts..............................................................................................SB 867 Convey property..................................................................................................................SR 364 Grant easement....................................................................................................................SR 377 Magistrate court; amend provisions...............................................................................HB 1684 Magistrate court; amend provisions................................................................................SB SEX Magistrate court; repeal Act providing.........................................................................HB 6EX Magistrate pro hac vice; compensation............................................................................SB 842
BANKING AND FINANCE Bad check prosecution; cash bonds; provisions...........................................................HB 1685 Bad checks; present consideration; define.......................................................................SB 131 Bad checks; prosecution by subsequent holder.............................................................HB 151 Bad checks; prosecution in magistrate courts; citation................................................HB 620 Branch banks; counties adjacent to parent bank; revise population figure..............................................................................................................SB 839 Disposition of unclaimed property; amend provisions................................................HB 1397 Education loans; service cancelable; gerontology and geriatrics fields..............................................................................................................HB 1150 Financial institutions and attorneys; trust accounts...................................................HB 1097 Georgia Security for Public Deposits Act; enact.........................................................HB 1096 Insurance Commissioner; certain fees; comprehensive revisions...............................HB 1297 Loan brokers; prohibitions..............................................................................................HB 1210 Loan brokers; prohibitions..............................................................................................HB 1214 Loan brokers; prohibitions..............................................................................................HB 1240 Office of Planning and Budget director; member; State Financial and Investment Commission - CA..............................................................SR 200 Pawnbrokers; regulation and licensing............................................................................HB 471 Real estate brokers and salespersons; interest-bearing trust accounts ....................HB 1002 State depositories; cash management; policies and procedures ................................HB 1400 Uniform Commercial Code; amend..................................................................................HB 762 Uniform Commercial Code; revise...................................................................................HB 761
BANKRUPTCY; filings; recommendations for processing and adjudication.............SR 426
BARBERS Continuation of Board.....................................................................................................HB 1566 Sanitary precautions in shops and schools; compliance.............................................HB 1077
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5926
INDEX
BARNES, BRIAN WESLEY; commend.......................................................................HR 691
BARNESVILLE, CITY OF; amend charter................................................................HB 1499
BARRETT, MARCIA LEIGH; commend.....................................................................HR 697
BARRETT, MARTHA; commend ...................................................................................HR 971
BARROW COUNTY Board of commissioners; reapportion............................................................................HB 1719 Education districts; reapportion.....................................................................................HB 1465
BARTOW COUNTY Board of commissioners; districts ..................................................................................HB 2060 Commissioner; maintain office .......................................................................................HB 1627 GLAD Bag-A-Thon cleanup and recycling program; commend ...............................HR 1245 Probate court judge; nonpartisan...................................................................................HB 1626
BATES, HONORABLE KERMIT F., JR.; communication ...................................Page 861
BAXLEY, BOBBY JOE; commend.................................................................................HR 988
BAXLEY, CITY OF; Baxley Appling County Hospital Authority; members .........HB 2142
BEDELL, ROSA L.; compensate......................................................................................HR 955
BEDINGFIELD, TERRY W.; commend.....................................................................HR 1250
BEER Alcoholic beverage caterers; licensing; prohibitions.......................................................SB 319 Alcoholic beverage sales; certain coliseum authorities................................................HB 1437 Alcoholic beverage sales; certain counties; change population figures.....................HB 1533 Certain excise taxes; increase..........................................................................................HB 1636 Sunday sales and sales by drink; sales in coliseums; population..............................HB 1451
BELL, CLIFFORD RUSTY; commend.....................................................................HR 10EX
BEN HILL COUNTY; Fitzgerald-Ben Hill County Charter Commission; create ...HB 985
BEN JESS LOGAN, SR., MEMORIAL BRIDGE; designate .................................SR 366
BENNETT, HONORABLE ROBERT; commend....................................................HR 1174
BENSON, DR. THEODORE; commend......................................................................HR 1239
BERRIEN COUNTY Board of commissioners; districts..................................................................................HB 2064 Board of education; districts...........................................................................................HB 1924 Exchange property ..............................................................................................................SR 381
BERRY, BILL, PETER BUCK, MIKE MILLS, AND MICHAEL STIPE; commend.......................................................................................HR 945
BERRY COLLEGE NINETIETH ANNIVERSARY; commend...........................HR 964
BEVERAGE CONTAINERS Alcoholic beverages; open container in vehicle; prohibitions.......................................HB 651 Alcoholic beverages; open container while driving or passenger; prohibit.............................................................................................................................HB 254 Alcoholic beverages; open container while driving; prohibitions ...................................SB 52 Commerce and trade; provisions......................................................................................HB 870 Nonrecyclable packaging; urge businesses find alternatives........................................HR 898
BIBB COUNTY Alcoholic beverage sales; certain coliseum authorities................................................HB 1437
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INDEX
5927
BIBB COUNTY (Continued) Alcoholic beverages; Sunday sales and sales by drink; sales in coliseums; population.....................................................................................HB 1451 Board of commissioners; districts ..................................................................................HB 1454 Board of public education; districts...............................................................................HB 2010 Convey property..................................................................................................................SR 474 Juvenile services; transfer to state-wide system..........................................................HB 1578 Keep Macon-Bibb Beautiful Commission; invite to House.........................................HR 770 Macon-Bibb County Governmental Reorganization Study Commission; create.......................................................................................................HB 1093 Macon-Bibb County Water and Sewerage Authority; consolidated charter; name change...................................................................................................HB 1913
BIBB, MAE; commend......................................................................................................HR 1260
BICYCLES Bicycle and pedestrian facilities; Department of Transportation request funds from Federal Highway Administration............................................HB 1036 Bicycle paths; required use by riders; counties and municipalities..........................HB 1447 Bicycle safety; amend provisions.......................................................................................SB 634
BILLING, DAVE; commend.............................................................................................HR 917
BIRDINE, JOHN CHARLES, JR.; condolences.......................................................HR 1091
BIRDS; ostrich farming; urge feasibility study................................................................HR 772
BLACK, REVEREND JERRY D.; welcome................................................................HR 775
BLACK, WILLIAM; condolences...................................................................................HR 1022
BLACKSHEAR, DR. JOHN S.; commend...................................................................HR 904
BLAKELY, CITY OF; municipal elections; change date...........................................HB 2051
BLASTING Blasters; licensing provisions..........................................................................................HB 1485 False or facsimile bombs; prohibitions............................................................................HB 107 Fire safety standards; revise provisions........................................................................HB 1503
BLECKLEY COUNTY; board of education; districts................................................HB 1807
BLIND PERSONS Center for the Visually Impaired; 30th anniversary; invite staff to House.......................................................................................................HR 837 Covered multifamily dwelling; accessibility..................................................................HB 1847 Driver's license; vision standards ........................................................................................SB 81 Georgians with Disabilities Act of 1991; enact..............................................................HB 834 Handicapped parking; other than named person; prohibitions ...................................SB 688 Mobility impaired persons and their service dogs; rights............................................HB 835 Multifamily dwellings; specifications; handicapped persons........................................HB 522 Older Georgians' and Handicapped Transportation Task Force; create....................................................................................................................HR 457 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact.......................................SB 269 Technology Related Assistance Trust Fund for Individuals with Disabilities - CA .....................................................................................................SR 146
BLUE RIDGE JUDICIAL CIRCUIT; add judge.......................................................SB 364
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5928
INDEX
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Certain educational facilities; authorize guaranteed revenue debt - CA ..........................................................................................................HR 384 Education; college preparatory curriculum; sign language.........................................HB 1871 Encourage conversion to semester system....................................................................HR 1026 Full-tuition scholarship program; provide......................................................................HB 515 Full-tuition scholarship program; provide.........................................................................SB 31 Gerontology; urge instruction...........................................................................................HR 648 Outstanding Scholars on Academic Recognition Day; commend..............................HR 1124 Postsecondary institutions; certain immunizations; enrollment requirement...............................................................................................HB 1745 Public employment; veterans' preference.....................................................................HB 1273 Quality basic education; certain officials and employees; serve as substitute teachers...........................................................................................HB 625 Quality basic education; courses at eligible institutions; high school credit............................................................ ...............................................SB 417 Scholarships; certain offices; promote programs ...........................................................HB 695 Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide - CA....................................................HR 399 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia................................................................................................HR 225 University System; earned credit hours; relative to expiration...................................HR 543 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create..........HR 780
BOATS Ad valorem tax; exempt certain boats outside state...................................................HB 1956 Ad valorem tax; functional location...............................................................................HB 1263 Alcoholic beverage sales; passenger vessels ......................................................................HB 49 Boat Safety Act; amend provisions..................................................................................HB 707 Boats and personal watercraft; regulate operation.........................................................SB 474 Coastal marshlands; amend provisions..........................................................................HB 1389 Conservation; disposal of sludge; permit......................................................................HB 1280 Docks on state owned lakes in state parks; urge study by Department of Natural Resources.............................................................................HR 1243 Governor's Ground-water Advisory Council; create; protected fresh waters; prohibit certain vessels............................................................................SB 618 Increase registration fees; game and fish; amend fee provisions...............................HB 1392 Marinas; state owned marshland; delete certain prohibition ....................................HB 1134 Personal watercraft; definition and provisions ............................................................HB 1323 Protection of Tidewaters Act and Right of Passage Act; enact................................HB 1390
BONDS Bail bond business; prohibit public officials; exception.............................................HB 1802 Bail bonds; release of surety; surrender of principal..................................................HB 1706 Capital outlay funds; school construction; base size...................................................HB 1793 Certain counties; bond elections; provisions...................................................................HB 498 Contractors; sales tax on execution of subcontracts.....................................................HB 336 Corporations; treasury shares; preemptive rights........................................................HB 1932 Criminal bonds; certain fees; sheriffs exempt.................................................................SB 246 Driver training schools; surety bond, fee, and license provisions...............................HB 824 Hospitals; permit to operate; insurance or bond requirement..................................HB 1513 Hunting, fishing, and trapping license agents; self-insurance fund; defalcation....................................................................................HB 708 Insurance investments; Israeli securities; authorize ....................................................HB 1326 Notaries public; performance bonds; provisions.............................................................SB 719 Revenue Bond Law; change definition of undertaking.................................................HB 638
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5929
BONDS (Continued) Revenue bonds; services provided or made available; amend provisions................HB 1750 Surety on bail bonds; certain persons...........................................................................HB 2014
BOONDRY, TOMMY J.; commend................................................................................HR 856
BOONE, REVEREND JOSEPH E. Commend...........................................................................................................................HR 1249 Commend...........................................................................................................................HR 1274
BOOTH, THOMAS; commend..........................................................................................HR 970 BORDEAUX, HONORABLE TOM; committee assignment ......................................Page 9 "BORDERLINE" COUNTRY MUSIC BAND; commend....................................HR 1118 BORDERS-BENSON, DR. JUEL PATE; commend..............................................HR 1036
BORDERS, REVEREND WILLIAM HOLMES, SR.; commend........................HR 1034
BORDERS, WILLIAM H., JR., M.D.; commend......................................................HR 1053
BOSTON, REVEREND JAMES THOMAS, SR.; commend................................HR 1015
BOUNDARIES Airports; certain property condemnation; prohibit........................................................SB 173 Property posted against hunting; mark trees with royal purple paint...........................................................................................................HB 745
BOWEN, JAMES W., SR.; commend.........................................................................HR 81EX
BOXING State Boxing and Wrestling Commission; create...............................................................HB 9 State Boxing and Wrestling Commission; create...........................................................HB 108
BOYNTON, RICKY LEE; compensate..........................................................................HR 878 BREMEN HIGH SCHOOL BLUE DEVILS SOFTBALL
TEAM; invite to House....................................................................................................HR 785
BREWER, TIM, BILL ELLIOTT, AND JUNIOR JOHNSON; commend .....HR 1041
BREWER, WILLIAM ERNEST, II; commend.........................................................HR 1054
BRIDGES, HONORABLE WILLIAM "PETE"; commend ..................................HR 1183
BRISCOE, JOHN T., JR.; commend..............................................................................HR 942
BROOKS, FRANKLIN BRYSON; commend..............................................................HR 969
BROOKS, GWENDOLYN; commend ............................................................................HR 987
BROOKS, REBIE VIRGINIA WELLINGTON; condolences ................................HR 759
BROOME, HUGH D.; condolences..................................................................................HR 737
BROWN, ARTHUR D.; condolences.............................................................................HR 1104
BROWN, CANDACE MICHELLE; invite to House..................................................HR 883
BROWN, DEWEY CLEVELAND, JR.; commend...................................................HR 1160
BROWN, JAMES; commend...........................................................................................HR 1133
BROWN, SAMUEL G.; commend.................................................................................HR 1197
BROWN, TOM WATSON; compensate.........................................................................HR 843
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5930
INDEX
BROWN, WALLY; commend............................................................................................HR 690
BROXTON, CITY OF; mayor and council; court provisions.....................................HB 1269
BRUNSWICK, CITY OF; certain property conveyance; repeal Act authorizing.....SR 375
BRUNSWICK JUDICIAL CIRCUIT Add judge...........................................................................................................................HB 1030 Add judge..............................................................................................................................SB 314
BRYAN, CHARLIE L.; condolences.............................................................................HR 1020
BRYAN COUNTY Board of commissioners; districts ..................................................................................HB 1370 Board of commissioners; districts ..................................................................................HB 1730 Board of education; districts...........................................................................................HB 1381 Education; capital outlay; certain sparsity systems; consolidation hearings..................................................................................................HB 1482 Education; capital outlay funds; sparsity systems .........................................................SB 488
BUCK, PETER, BILL BERRY, MIKE MILLS, AND MICHAEL STIPE; commend...............................................................-..-................HR 945
BUCKLEY, BENJAMIN ANTHONY; commend....................................................HR 1050
BUDGET (See Appropriations and Fiscal Affairs)
BUFORD, CITY OF; corporate limits...........................................................................HB 2147
BUILDINGS AND HOUSING Building codes; state minimum standards; certain contractors; licensing exemptions.....................................................................................................HB 1109 Certain municipalities; housing authority commissioners; amend provisions..........................................................................................................HB 1130 Construction codes; liquefied petroleum gas; reenact provisions..............................HB 1308 Covered multifamily dwelling; accessible to handicapped.........................................HB 1847 Fair housing; amend provisions; Commission on Equal Opportunity.........................SB 615 Housing and Finance Authority; amend provisions; Hospital Financing Authority; repeal provisions........................................................................SB 600 Housing and Finance Authority; powers..........................................................................SB 513 Housing authorities; commissioners; number and selection ......................................HB 1089 Housing authorities in certain cities; composition; population brackets......................................................................................................HB 1951 Housing authorities in certain counties; resident commissioner..................................SB 585 Housing authorities; investments; change provisions..................................................HB 1067 Housing authority police; powers.....................................................................................HB 231 Income tax deduction; savings for first-time home purchase....................................HB 1804 Industrialized buildings; inspections; penalty provisions...........................................HB 1284 Insurance Commissioner; certain fees; comprehensive revisions...............................HB 1297 Manufactured and mobile homes; dealers and installers; licensure .........................HB 1039 Mountain and river protection; single-family dwelling; certain exception...........................................................................................................HB 1516 Roofing contractors; regulate..........................................................................................HB 1290 State Housing Trust Fund for the Homeless Commission; powers.............................SB 512
BULLOCH COUNTY; board of commissioners; compensation................................HB 1413
BURCHER, REVEREND RICHARD HERBERT; commend .............................HR 1094
BUREL, R. H.;commend....................................................................................................HR 850
BURGIN, R. F., SR.; commend ........................................................................................HR 891
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5931
BURKE COUNTY Augusta Judicial Circuit; payment of fines directly from state probation office...................................................................................................HB 2174 .Board of commissioners; districts..................................................................................HB 1844 Board of education; districts...........................................................................................HB 1843
BURLEY, JACQUELYN L.; commend.......................................................................HR 1078
BURRELL, CARTER PHILLIPS "PHIL", JR.; commend..................................HR 1196
BURTON'S GRILL; commend.....................................................................................HR 74EX
BUSINESS AND OCCUPATION TAX Corporations; certain foreign income; taxable................................................................HB 339 House License, Occupation, and Professional Tax Study Committee; create...........................................................................................................HR 733 Limitations.........................................................................................................................HB 1536 Practitioner's principal office; amend .............................................................................HB 697 Principal office; certain contractors.................................................................................HB 750 Principal office; maximum................................................................................................HB 624 State tax; certain rentals; proceeds to State Children's Trust Fund ......................................................................................................................HB 956 Study Committee on Professional Tax Equity; create.................................................HR 938 Study Committee on Professional Tax Equity; create..................................................SR 510 Telecommunication services; county license...................................................................HB 677 Utility services; county license .........................................................................................HB 629
BUTCHER, BUD; commend.............................................................................................HR 989
BUTLER, CITY OF; council districts; composition....................................................HB 1800
BUTLER VOLUNTEER FIRE DEPARTMENT; commend.................................HR 851
BUTTS COUNTY Ad valorem tax; homestead definition; population brackets.....................................HB 1945 Board of commissioners; districts ..................................................................................HB 1409 Board of education; districts...........................................................................................HB 1393 Landfill; advisory referendum ......................................................................................HB 28EX Landfill; advisory referendum .........................................................................................SB 6EX
BYRD, DAVID; commend .................................................................................................HR 698
BYRON, CITY OF; annexation of state-owned property in Peach County ..............HR 133
CAIN, SUE ELLEN; commend........................................................................................HR 666
CALHOUN, CITY OF Big Brothers/Big Sisters; authorize appropriation.........................................................SB 813 Calhoun Recreation Authority; create...........................................................................HB 1789
CALHOUN COUNTY Board of commissioners; districts ..................................................................................HB 2156 Board of education; districts...........................................................................................HB 2125 Convey property..................................................................................................................SR 407
CALLAWAY, J. W.; commend..........................................................................................HR 755
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5932
INDEX
CAMP, ARNELLA WILLIAMS; commend...............................................................HR 1177
CAMPAIGN AND FINANCIAL DISCLOSURE Agricultural licensees or lessees; prohibitions.................................................................SB 458 Bribery; exclusions from definition of defense ............................................................HB 1855 Contributions during legislative session; reporting.....................................................HB 1565 Contributions; elected officials; limitation.........................................................................SB 18 Contributions; elected public officials; limitations........................................................HB 521 Contributions; limitations ......................................................................................................SB 4 Contributions; out-of-state sources; prohibitions ........................................................HB 1190 Contributions; political action committees; disclosure ....................................................SB 20 Contributions; rezoning applicants; disclosure................................................................SB 527 Contributions; unopposed candidates; disclosure..........................................................HB 229 Contributions; unused funds; pay prior campaign debt or transfer to state treasury............................................................................................................HB 1923 Ethics; campaign contributions; limitations.................................................................HB 1153 Financial disclosure statements; form...........................................................................HB 1264 Gifts, entertainment, food, lodging over $200; certain information required....................................................................................................HB 1042 Legislators and public officers; honorariums; prohibitions...........................................SB 480 Literature; regulation provisions.........................................................................................SB 22 Lobbyists; change registration from Secretary of State to State Ethics Commission................................................................................................SB 704 Public Officials Conduct and Lobbyist Disclosure Act; enact...................................HB 1125 Rezoning hearings; speakers submit campaign contribution disclosure...................HB 2061 Taxable net income; include campaign contributions and certain expenditures.....................................................................................................HB 1805
CANDIDATES Ballots; order of names; randomized alphabet...............................................................HB 178 Bribery; exclusions from definition of offense.............................................................HB 1855 Campaign contributions; agricultural licensees or lessees; prohibitions.......................................................................................................................SB 458 Campaign contributions; elected officials; limitation.......................................................SB 18 Campaign contributions; limitations ....................................................................................SB 4 Campaign contributions; out-of-state sources; prohibitions ......................................HB 1190 Campaign contributions; political action committees; disclosure ..................................SB 20 Campaign contributions; rezoning applicants; disclosure..............................................SB 527 Campaign contributions; unopposed candidate; disclosure..........................................HB 229 Campaign contributions; unused funds; pay prior campaign debt or transfer to state treasury........................................................................................HB 1923 Campaign literature; regulation provisions........................................................................SB 22 Drug testing; pauper's reimbursement............................................................................HB 601 Elected public officials; campaign contributions; limitations......................................HB 521 Elections; amend provisions............................................................................................HB 1372 Elections; amend provisions............................................................................................HB 1644 Elections; campaign activities and public opinion polling; prohibit within 100 feet of polling place...................................................................HB 2146 Elections; certain county offices; ballot include candidate's chief deputy...................................................................................................................HB 1743 Elections; certain petitions; one signature per card.........................................................SB 25 Elections; nomination petitions; amend provisions.......................................................HB 197 Elections; presidential electors; amend provisions........................................................HB 907 Elections; write-in candidates; notice of intention of candidacy .................................SB 578 Ethics; campaign contributions; limitations.................................................................HB 1153 Expenditures; limitations ..................................................................................................HB 678 Financial disclosure statements; form...........................................................................HB 1264 General Assembly; residency qualifications; jurisdiction ...........................................HB 1690
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INDEX
5933
CANDIDATES (Continued) General primary and nonpartisan primary; change date.............................................HB 342 Presidential preference primary; change date.................................................,,.............HB 196 Probate court judges; nonpartiaan election; qualifying...................................................SB 62 Qualifying fees; form of payment.....................................................................................HB 200 Rezoning hearings; speakers submit campaign contribution disclosure...................HB 2061 State officers and employees; political activities; authorization....................................SB 23 Taxable net income; include campaign contributions and certain expenditures.....................................................................................................HB 1805
CANDLER COUNTY; commission chairman; chief executive officer .....................HB 1990
CANTON, CITY OF; waste management; authorization...............................................SB 851
CARL HARRISON HIGH SCHOOL Commend...........................................................................................................................HR 1122 Girls Varsity Softball Team; commend.......................................................................HR 38EX
CARL, TOWN OF; new charter......................................................................................HB 1467
CARR, JANE C.; commend...........................................................................................HR 82EX
CARROLL COUNTY Ad valorem tax; interest on delinquent taxes; population brackets.........................HB 1878 Alcoholic beverages; Sunday sales; population brackets ............................................HB 1882 Board of commissioners; reapportion districts.............................................................HB 2035 Board of education; reapportion districts.....................................................................HB 2036 Board of elections; certain counties; repeal Act providing.........................................HB 1881 Board of elections; population brackets.........;..............................................................HB 1879 District commissioners; minimum age...........................................................................HB 2033 Homestead exemption applications; population brackets; exclude Carroll County................................................................................................HB 1885 Homestead exemptions; certain residents...............................................:.....................HB 2152 Mobile home permits; population brackets..................................................................HB 1880 State court; solicitor's compensation.............................................................................HB 2133 Tax returns; population brackets applicable to Carroll County; repeal...............................................................................................................HB 1886 Tax returns; time for presentation; population brackets...........................................HB 1883
CARROLLTON, CITY OF; homestead exemptions; certain residents...................HB 2157
CARROLLTON HIGH SCHOOL DEBATE TEAM; commend............................HR 974
CARSON, COACH ALFRED C.; commend................................................................HR 1065
CARTERSVILLE, CITY OF; GLAD Bag-A-Thon cleanup and recycling program; commend..................................................................................HR 1245
CARTERSVILLE HIGH SCHOOL PURPLE HURRICANE FOOTBALL TEAM AND COACH; commend........................................................HR 981
CATHY, S. TRUETT; commend......................................................................................HR 663
CATOOSA COUNTY Board of tax administrators; abolish.............................................................................HB 1443 Board of utilities commissioners; abolish......................................................................HB 1444 Commission; amend provisions.......................................................................................HB 1112 Superior court clerk; clerical help..................................................................................HB 1111
CAUTHORN, HONORABLE TOM; oath of office......................................................Page 9
CEDAR SHOALS HIGH SCHOOL GIRLS' BASKETBALL TEAM; invite to House..................................................................................................HR 1115
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5934
INDEX
CEMETERIES Abandoned; upkeep by counties and municipalities; reimbursement......................HB 1611 Crematories; licensing; exception...................................................................._...............HB 1472
~ Funeral directors and embalmers; apprenticeship; registration..................................HB 576 Funeral home; construction on cemetery property; requirements...............................SB 236 Indian burial grounds, human remains, and burial objects; protection.........................................................................................................................HB 457 Minimum size requirements; exemptions........................................................................SB 490
CENTER FOR ENVIRONMENT, COMMERCE AND ENERGY; ENVIRONMENTAL SOLUTIONS INTERNATIONAL; LYNNE CAMERON; AND CHARLOTTE SMOYER; commend...................HR 1052
CENTER FOR THE VISUALLY IMPAIRED; 30th anniversary; invite staff to House...........................................................................................................HR 837
CENTERVILLE, CITY OF; corporate limits..............................................................HB 1954
CENTRAL SAVANNAH RIVER GIRL SCOUT COUNCIL; commend .........HR 1023
CENTRAL STATE HOSPITAL IN MILLEDGEVILLE; commend................HR 1120
CERTIFICATE OF TITLE (See Motor Vehicles and Traffic)
CHAIKIN, DR. MILTON; condolences .........................................................................HR 848
CHAPLAINS, HOUSE OF REPRESENTATIVES Barrett, Reverend Richard E. (Dick)................................................................................Page 1 Bartlett, Reverend Jack D............................................................................................Page 2299 Beasley, Reverend William C.......................................................................................Page 4643 Bozeman, Reverend D. Kirk...........................................................................................Page 116 Brackman, Reverend Emory.........................................................................................Page 2842 Bryant, Reverend Franklin.............................................................................................Page 191 Cannington, Reverend Henry, Jr...................................................................................Page 227 Carmack, Reverend L. Floyd........................................................................................Page 1151 Carter, Dr. Charles Q.......................................................................................................Page 452 Carter, Reverend C. L...................................................................................................Page 5016 Causseau, Reverend Weldon D....................................................................................Page 4640 Cofer, Reverend J. W.....................................................................................................Page 2100 Collier, Reverend Eddie F...............................................................................................Page 399 Cook, Reverend James R..............................................................................................Page 4198 Elder, Reverend Charles................................................................................................Page 1330 Fishburne, Reverend Donald A........................................................................................Page 46 Folds, Reverend Gary....................................................................................................Page 2984 Frost, Dr. Edward A........................................................................................................Page 770 Goodman, Rabbi Arnold M............................................................................................Page 959 Hall, Reverend Richard L.............................................................................................Page 1521 Heard, Representative Paul..........................................................................................Page 5880 Kennedy, Mr. Kenneth A., Sr........................................................................................Page 484 Key, Reverend William R. (Billy)....................................................................................Page 34 Kirby.Dr. F. Hugh.........................................................................................................Page 1906 Lott, Reverend Doug......................................................................................................Page 5023 Mallard, Reverend James W........................................................................................Page 5702 McElveen, Reverend Elder Harold..............................................................................Page 1713 McLendon, Reverend David .........................................................................................Page 1744 Mohammed, Honorable Imam W. Deen.....................................................................Page 1842 Moore, Reverend Booker T., Jr.....................................................................................Page 355 Morgan, Dr. James L., Jr..............................................................................................Page 4752 Neff, Reverend Blake J.................................................................................................Page 1366 Nimmons, Reverend Billy T.........................................................................................Page 4742
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INDEX
5935
CHAPLAINS, HOUSE OF REPRESENTATIVES (Continued) Orr, Reverend Prank Boyd...........................................................................................Page 4601 Padgett, Reverend Ed............................................................................................,.........Page 427 Ramsey, Reverend Gilbert ............................................................................................Page 1070 Richardson, Reverend John M.....................................................................................Page 1037 Roan, Reverend Grady ..................................................................................................Page 3110 Salter, Dr. J. Edward.....................................................................................................Page 2904 Smith, Dr. W. Ches, III.................................................................................................Page 2188 Smith, Reverend Doyle C..............................................................................................Page 5011 Starling, Dr. Rudolph......................................................................................................Page 912 Sterne, Reverend Martha..............................................................................................Page 1438 Stewart, Reverend Al.......................................................................................................Page 852 Tillman, Reverend Thurmond N.................................................................................Page 3835 Tomberlin, Reverend Mickey.......................................................................................Page 2426 Turnell, Reverend Al.....................................................................................................Page 1611 Walker, Representative Larry ..........................................................................Pages 5007, 5878 Watson, Reverend Joseph L., Jr..................................................................................Page 2586 Wigley, Reverend Robert..................................................................................................Page 88 Woods, Reverend Michael D........................................................................................Page 5477 Zbinden, Reverend Robert H.......................................................................................Page 3572
CHARITIES Excise tax; public accommodations; nonprofit organizations........................................HB 57 Insurable interest; charitable institution; life of donor................................................HB 903 Sales tax; exempt certain purchases................................................................................HB 365 Torts; certain donations to nonprofit organizations; liability....................................HB 1331 Uniform Conservation Easement Act; enact................................................................HB 1388
CHARLTQN COUNTY Board of commissioners; districts ..................................................................................HB 2171 Board of education; districts...........................................................................................HB 2170
CHATHAM COUNTY Board of commissioners; districts.....................................................................................SB 820 Certain property conveyances; repeal Acts authorizing ................................................SR 375 Elections; poll officers; compensation............................................................................HB 2057 Intergovernmental Council; repeal Act creating..........................................................HB 1515 Recorder's court; judicial services.....................................................................................SB 713 Recorder's court; probation services.................................................................................SB 712 Savannah-Chatham County Certified Literate Community Program; commend ..HR 1028 Savannah, City of and Chatham County; education districts......................................SB 763 State court judges; compensation.................................................................................HB 21EX State court judges; compensation...................................................................................HB 1054 Transit services; unincorporated areas..........................................................................HB 1063 Violations of ordinances; citations....................................................................................SB 708
CHATTAHOOCHEE JUDICIAL CIRCUIT; add judge........................................HB 1918
CHATTOOGA COUNTY Board of commissioners; districts ..................................................................................HB 1495 State court; judge and solicitor; compensation..............................................................HB 682
CHECKS (Also, see Banks and Banking or Financial Institutions) Bad checks; present consideration; define.......................................................................SB 131 Bad checks; prosecution by subsequent holder.............................................................HB 151 Bad checks; prosecution; cash bonds; provisions.........................................................HB 1685 Bad checks; prosecution in magistrate courts; citation................................................HB 620
CHEROKEE COUNTY Board of commissioners; districts..................................................................................HB 1984
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5936
INDEX
CHEROKEE COUNTY (Continued) Board of education; districts...........................................................................................HB 1999 Board of Ethics; create ...................................................................................,..............HB 12EX Board of Ethics; repeal provisions...............................................................................HB HEX Water and sewerage authority; meetings.........................................................................SB 570
CHESTNUT MOUNTAIN BAPTIST CHURCH; commend...............................HR 1082
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Age at which a child chooses custodial parent ..............................................................HB 405 Agreement between parents; final judgment................................................................HB 1528 Appeals; inapplicability ......................................................................................................SB 542 Best interest of child; provide criteria.............................................................................SB 210 Certain change of residence; notification........................................................................HB 896 Certain change of residence; notification........................................................................HB 897 Child support awards; change method of computation................................................HB 816 Children in foster care; periodic reviews.........................................................................HB 662 Custodial parent; change of residence; notify noncustodial parent..........................HB 1814 Death of parent; child age 14 or older select custodial relative..................................HB 692 Grandparent visitation rights; determining factors........................................................SB 759 Grandparent visitation rights; ex-affines grandparents..............................................HB 1856 Grandparent visitation rights; prohibitions....................................................................HB 796 Interference with visitation rights; define offense.........................................................HB 243 Modification of visitation rights; residence outside state ..........................................HB 1376 Revise provisions.................................................................................................................HB 445
CHILD SUPPORT (See Alimony and Child Support)
CHIROPRACTORS Clinical laboratories; request for examination of specimens........................................HB 328 Scope of practice...............................................................................................................HB 1483
CHRISTIAN, GEORGE CUNNINGHAM, JR.; commend....................................HR 1069
CIBOULETTE RESTAURANT; commend ...............................................................HR 1080
CIGARS AND CIGARETTES Employees; off-duty lawful activities; nondiscrimination .............................................SB 256 Employees; use of legal agricultural commodities; nonworking hours.......................HB 925 Flue-cured leaf tobacco; auction sales; license fees.....................................................HB 1199 Increase excise tax............................................................................................................HB 1639 Sales tax exemption; bulk curing tobacco barns..........................................................HB 1484 Schools; smoking prohibitions..........................................................................................HB 275 Smoking; amend provisions...............................................................................................HB 728 Smoking in food establishments; prohibitions...............................................................HB 432
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Accountants; actions for damages; limitations.............................................................HB 1219 Ad valorem tax; litigation proceedings; payment of assessment...............................HB 1428 Cause of actions outside state; certain dismissal...........................................................HB 950 Certain actions; jurisdiction; venue................................................................................HB 1827 Childhood sexual abuse; definition; limitation of civil actions..................................HB 1968 Common carriers; repeal presumption of negligence..................................................HB 1470 Continuances; absence of attorney; General Assembly staff ........................................SB 310 Death penalty; eliminate ...................................................................................................HB 106 Deposition; examination of defendant to action..........................................................HB 1524 Deposition or discovery; sanctions.................................................................................HB 1424 Depositions and other discovery material; filing certificate of service........................................................................................................HB 126
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5937
CIVIL PRACTICE (Continued) Depositions by telephone...................................................................................................HB 729 Depositions; plaintiff attend examination ....................................................................HB 1218 ^Dismissal of certain actions; time .....................................................................................SB 649 Hazardous substance or oil spills; actions for damages..............................................HB 1559 Industrialized buildings; inspections; penalty provisions...........................................HB 1284 Injury to minor child; limitation.......................................................................................SB 305 Judicial branch personnel; continuing education; impose fee ......................................SB 518 Judicial sales; legal advertising; official organ provisions ..........................................HB 1545 Jury of 12 in civil action; $100,000 or more....................................................................SB 517 Legal advertisements; publication in certain counties................................................HB 1952 Modification of alimony or child support; nonresident jurisdiction.......................................................................................................................HB 806 Newspaper; official county organ; certain requirement.................................................SB 515 Periodic Payment of Judgments Act; enact.................................................................HB 1329 Personal property sales other than at courthouse in certain counties; change population figure ...............................................................................SB 800 Property; lien against previous owner; cancellation ....................................................HB 1585 Registered or certified mail; filing determined by postmark.......................................HB 698 Service of process by publication; certain requirements............................................HB 1088 Sexual misconduct of psychotherapists; tolling of limitations..................................HB 1716 Stay of proceedings; certain federal provisions..............................................................HB 720 Summons; service by mail...............................................................................................HB 1514 Torts; special damages; payments from collateral sources.........................................HB 1247
CLAIMS ADVISORY BOARD; claims against state; introduction of resolutions in Senate ........................................................................................................SB 16
CLARENCE R. VAUGHN, JR., HIGHWAY; designate...........................................HR 914
CLARK, ELIZABETH S.; compensate...........................................................................HR 727
CLARK, HONORABLE BETTY J.; commend...........................................................HR 890
CLARKE COUNTY Ad valorem tax; interest on delinquent taxes; population brackets.........................HB 1894 Ad valorem tax; mobile homes; population brackets..................................................HB 1895 Alcoholic beverages; sales on Sunday; change population figures............................HB 2089 Athens-Clarke County; commission districts................................................................HB 1491 Athens-Clarke County Industrial Development Authority; membership ...................SB 866 Athens-Clarke County; juvenile court; transfer to state-wide services ....................HB 1494 Athens-Clarke County; state court solicitor; compensation.......................................HB 1492 Athens-Clarke County Unified Government; commend...............................................HR 869 Board of education; districts...........................................................................................HB 1493 Convey property..................................................................................................................HR 939 County tax assessors; time for presenting returns......................................................HB 1248 Grant easement...................................................................................................................HR 829 Homestead exemption; age 65........................................................................................HB 1481 Homestead exemption; applications; population brackets.........................................HB 1896 Homestead exemption; certain residents.........................................................................SB 861 Mobile home permits; population brackets..................................................................HB 1891 Mobile homes; ad valorem tax; county decals..............................................................HB 1616 Tax assessments; population brackets...........................................................................HB 1897 Tax returns; time for making; population brackets....................................................HB 1893 Tax returns; time for presentation; population brackets...........................................HB 1892
CLARKSTON, CITY OF; commend citizens............................................................HR 24EX
CLAY COUNTY; board of commissioners; districts....................................................HB 2099
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5938
INDEX
CLAYTON, CITY OF; Clayton-Rabun County Water and Sewer Authority; create.............................................................................................................HB 1623
CLAYTON CLEAN AND BEAUTIFUL; commend.............................. t................HR 1280
CLAYTON COUNTY Board of commissioners; districts ..................................................................................HB 1368 Board of education; districts...........................................................................................HB 1367 Clayton Judicial Circuit; district attorney; county supplement...................................SB 663 Clayton Judicial Circuit; judges; county supplement ....................................................SB 662 Community improvement districts; create ......................................................................SB 450 Department of Family and Children Services; commend........................................HR 51EX Deputy tax commissioner; compensation.........................................................................SB 456 Homestead exemption; increase ........................................................................................SB 661 Olympic Coordinating Committee; express support; 1996 Olympic Women's Fast-Pitch Softball Event; endorse bid ...................................................HR 1227
CLAYTON JUDICIAL CIRCUIT District attorney; county supplement...............................................................................SB 663 Judges; county supplement................................................................................................SB 662
CLAYTON LEADERSHIP NOW Forest Park High School participants; commend........................................................HR 1190 Leadership Clayton; commend.......................................................................................HR 1189 Lovejoy High School participants; commend...............................................................HR 1193 Morrow High School participants; commend...............................................................HR 1191 Mount Zion High School participants; commend........................................................HR 1192 North Clayton High School participants; commend...................................................HR 1237 Riverdale High School participants; commend............................................................HR 1236 Stephanie Sullivan; commend.........................................................................................HR 1235
CLERKS, SUPERIOR COURT Attending traffic cases in probate court; certain counties; repeal provision.............................................................................................................HB 1645 Compensation; certain counties; change population figure........................................HB 2158 Compensation; certain counties; change population figures.........................................SB 384 Constitutional county officers; compensation.................................................................SB 553 Criminal bonds; certain fees; sheriffs exempt.................................................................SB 246 Fees; certain counties; population classification.............................................................SB 317 Fees; certain counties; population classification.............................................................SB 318 Notaries public; performance bonds; provisions.............................................................SB 719 Qualifications; minimum age ..........................................................................................HB 1950
CLERMONT, TOWN OF; mayor and council; terms.................................................HB 1728
CLINICAL LABORATORIES Blood transfusions; certain information; doctor inform patient...............................HB 1576 Dead bodies; prohibit incineration; exception..............................................................HB 1203 DNA data bank for sexual offenders; provisions............................................................SB 594 Examination of human specimens; request by chiropractors......................................HB 328 Human Resources Department; certain licensing; fee provisions.............................HB 1601 Patient Self-referral Act of 1992; enact........................................................................HB 1842
COBB CLEAN COMMISSION; commend...................................................................HR 853
COBB COUNTY Ad valorem tax; millage rate.............................................................................................HB 330 Ad valorem taxes; change certain homestead exemptions.......................................HB 20EX Additional equalization boards; create..........................................................................HB 1114 Alcoholic beverages; Sunday sales at festivals................................................................SB 728
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INDEX
5939
COBB COUNTY (Continued) Annexation; restriction of rezoning; population figures................................................SB 748 Board of commissioners; amend provisions; districts.................................................HB 1672 Board of commissioners; chairman; county manager...................................................SB 9EX Board of commissioners; compensation...........................................................................HB 497 Board of commissioners; districts..................................................................................HB 1991 Board of commissioners; districts.....................................................................................SB 577 Board of commissioners; districts.....................................................................................SB 829 Board of commissioners; purchases ...............................................................................HB 2160 Board of commissioners; vacancy...................................................................................HB 1852 Board of education; certain vacancy; population brackets ...........................................SB 741 Board of education; compensation.................................................................................HB 1436 Board of education; districts...........................................................................................HB 2052 Board of health; implement injury prevention measures...........................................HB 1817 Branch banks; counties adjacent to parent bank; revise population figure..............................................................................................................SB 839 Campus defined; population figures.................................................................................SB 749 Certain alcoholic beverage sales; prohibitions; population brackets ........................HB 2015 Certain board of health member; population brackets...............................................HB 2027 Certain property conveyance; repeal Act authorizing....................................................SR 375 Civil service board; terms................................................................................................HB 1403 Civil service system; board members................................................................................SB 709 Commissioner districts; reapportion..............................................................................HB 1458 Community improvement districts; amend provisions..................................................SB 785 Community improvement districts; clarification............................................................SB 864 Concord Covered Bridge; oppose highway through area..............................................HR 773 Concord Historic District; urge funding for heritage park ..........................................HR 459 Convey property..................................................................................................................SR 369 County administrator; appointment by probate judge; population figure.................SB 753 County boards of health; eighth member; provisions.................................................HB 1717 County manager; authorization; population figures.......................................................SB 743 Delinquent ad valorem taxes; revise population figures.............................................HB 2042
Elections; ballots include certain candidate's chief deputy; poll officers' compensation..........................................................................................HB 2057
Grand or trial jurors; eligibility to serve again............................................................HB 1178 Intangible recording tax; commission for collection; change
population figures.........................................................................................................HB 2043 Juvenile court judge; compensation.................................................................................HB 961 Legal advertisements; publication..................................................................................HB 1952 Mental health services funding; urge increase...............................................................HR 995 Municipal list of electors; purging; population figures..................................................SB 754 Municipal voter registration list; population brackets ..................................................SB 740 Office of county treasurer; repeal Act abolishing...........................................................SB 739 Private Sector Survey Committee on Cost Control in County
Government; create ........................................................................................................HB 599 Probate court judge and clerk; compensation................................................................HB 966 Property condemnation; assessors' costs; change population figures.......................HB 2044 School taxes; reimbursement for collecting..................................................................HB 2012 School taxes; retainage by tax collector; population brackets......................................SB 803 Sheriff; authority to deposit certain funds; change population figure.....................HB 2054 Sheriffs duties; population brackets................................................................................SB 804 State court; amend provisions..........................................................................................HB 963
State court clerk and deputy; compensation..................................................................HB 965
State court; criminal procedures....................................................................................HB 2132
State court; judges..............................................................................................................HB 970
Superior court clerk and deputy; compensation............................................................HB 964
Tax commissioner, chief clerk, executive secretary; compensation ............................HB 962
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5940
INDEX
COBB COUNTY (Continued) Use of bond funds; revise population figures..................................................................SB 838 Zoning review procedures; change population figures ................................................HB 2045
JCOBB JUDICIAL CIRCUIT Add judge.............................................................................................................................HB 669 District attorney, assistants, investigators; compensation............................................HB 960 Judges; supplement.............................................................................................................SB 371
CODE OF GEORGIA Corrections and revisions ................................................................................................HB 1188 Elections; corrections and revisions...............................................................................HB 1189 Public Revenue; reference date; Federal tax code.......................................................HB 1299 Retirement and Pensions; corrections...........................................................................HB 1234
COFFEE COUNTY Board of commissioners; districts ..................................................................................HB 2137 Board of education; districts...........................................................................................HB 2138
COHEN, MARK H.; commend........................................................................................HR 1286
COKER, ALAN C.; commend .........................................................................................HR 1266
COKER, RANDALL R.; commend................................................................................HR 1267
COLE, DR. JOHNNETTA B; commend .......................................................................HR 644
COLEMAN'S BRIDGE; designate ................................................................................HR 1029
COLLEGES Campus defined in certain counties; population figures...............................................SB 749 Campus policemen; certain colleges; repeal certain definition....................................HB 610 Certain educational facilities; authorize guaranteed revenue debt - CA ..........................................................................................................HR 384 Education; college preparatory curriculum; sign language.........................................HB 1871 Full-tuition scholarship program; provide......................................................................HB 515 Full-tuition scholarship program; provide .........................................................................SB 31 Georgia Military College; board of trustees; composition.............................................SB 461 Georgia Military College; two-year limit; delete............................................................HB 842 High school credits; American sign language count as foreign language...............................................................................................................SB 757 Matthews-Dent scholarships; establish ...........................................................................HB 176 Nonapproved medical schools; certain graduates; limited licenses...........................HB 1736 Postsecondary institutions; certain immunizations; enrollment requirement...............................................................................................HB 1745 Proprietary schools; additional limited exemption........................................................HB 477 Proprietary schools; amend provisions..........................................................................HB 1997 Proprietary schools; exempt certain colleges and universities and certain institutes of paper science and technology..........................................HB 1693 Proprietary schools; fees....................................................................................................HB 318 Proprietary schools; job placement of graduates...........................................................HB 301 Proprietary schools specializing in religious instruction; exemption..........................HB 225 Proprietary schools; tuition guaranty trust fund; establish.........................................HB 319 Quality basic education; certain officials and employees; serve as substitute teachers...........................................................................................HB 625 Quality basic education; courses at eligible institutions; high school credit.............................................................................................................SB 417 Quality basic education; curriculum; sign language for deaf.....................................HB 1617 Scholarships; certain offices; promote programs...........................................................HB 695 Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide - CA....................................................HR 399
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5941
COLLEGES (Continued) State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia.....................................................................................................HR 225 -Study Commission on Postsecondary Technical and Adult Education Finance; create.................................................................................................................SR 431 Tuition equalization grants; define full-time student.................................................HB 1823 University System; earned credit hours; relative to expiration...................................HR 543 University System of Georgia; encourage conversion to semester system...............HR 1026
COLLINS, RAYMOND E.; commend............................................................................HR 907
COLONEL TOM PARROTT PARKWAY; designate...............................................HR 875
COLQUITT COUNTY Annex state property into City of Moultrie.................................................................HR 1017 Board of commissioners; reapportion districts.............................................................HB 2039 Board of education; reapportion districts.....................................................................HB 2040 Grant easement....................................................................................................................SR 418
COLUMBIA COUNTY Augusta Judicial Circuit; payment of fines directly from state probation office...................................................................................................HB 2174 Board of commissioners; districts ..................................................................................HB 2130 Board of commissioners; districts.....................................................................................SB 845 Board of education; districts..............................................................................................SB 844 Board of elections; create................................................................................................HB 2128 Board of elections; create ................................................................................................HB 2129 Board of elections; create ...................................................................................................SB 822 Homestead exemption; certain residents.........................................................................SB 823 School superintendent; elect..............................................................................................SB 501
COLUMBIA COUNTY AND NOWY SACZ, POLAND Commend sister relationship......................................................................................... HR 55EX
COLUMBIA COUNTY DIXIE MAJORS ALLSTARS; commend..................HR 39EX
COMMERCE AND TRADE Ad valorem tax; freeport exemption; local option tax; time for election..............................................................................................................HB 198 Advertising; debt relief; include term bankruptcy.........................................................SB 582 Automobile industry; imposition of certain standards; urge Congress reject........................................................................................................SR 490 Beauty pageants; regulation............................................................................................HB 1978 Beverage containers; provisions........................................................................................HB 870 Cable industry; competition in marketplace; urge United States Congress to enact legislation...............................................................HR 261 Casino gambling; authorize; Gaming Commission; establish.........................................HB 58 Commerce and industry development; remove duty to promote from Department of Natural Resources......................................................HB 755 Construction codes; liquefied petroleum gas; reenact provisions..............................HB 1308 Consumers' utility counsel; change automatic repeal ...................................................HB 262 Corporations; certain foreign income; taxable................................................................HB 339 Deceptive practices; automobile repair; aftermarket crash parts; disclosure..............................................................................................................HB 888 Deceptive practices; certain use of local phone number by nonlocal business; prohibit..........................................................................................HB 1314 Dog racing; authorize pari-mutuel wagering.....................................................................HB 54 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 False advertising; legal services; prohibitions...............................................................HB 1860
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5942
INDEX
COMMERCE AND TRADE (Continued) Farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and representatives; General Assembly regulate - CA...................................................................................SR 486 Fireworks; certain types; sales........................................................................................HB 1035 Flue-cured leaf tobacco; auction sales; license fees.....................................................HB 1199 Freeport tax exemption; continue....................................................................................HB 632 Gasoline; products containing alcohol; label..................................................................HB 564 Geo. L. Smith II Georgia World Congress Center; alcoholic beverage sales; consumption on premises.................................................................HB 1942 Geo. L. Smith II Georgia World Congress Center; alcoholic beverage sales; consumption on premises....................................................................SB 773 Georgia Science and Technology Commission; create..................................................HB 757 Goods and services; regulating cost; exemptions...........................................................HB 747 Horse racing; authorize pari-mutuel wagering.................................................................HB 55 Horse racing; provide for pari-mutuel wagering - CA....................................................HR 22 Insurance; unfair practices; certain advertising; carry-over deductible................................'.........................................................................................HB 904 Joint Study Committee on Gasoline Marketing; create...............................................HR 248 Laundry or dry cleaning equipment; regulation; certain exception............................HB 114 Motor vehicle rentals; regulate.........................................................................................HB 918 Multilevel distribution companies; amend provisions ................................................HB 1502 Nonrecyclable packaging; urge businesses find alternatives........................................HR 898 Pari-mutuel racetracks and wagering; authorize ...........................................................HB 777 Personal care homes; certain services; prohibit certain representations..............................................................................................................HB 1640 Pricing and Advertising of Consumer Items Act of 1991; enact...................................HB 30 Principal and agent; conditional power of attorney....................................................HB 1518 Principal and agent; revise provisions to create agency.............................................HB 1656 Public works contracts; preference to Georgia contractors..........................................HB 993 Residential utility service; deposit requirements...........................................................HB 367 Retail facilities; public rest room.....................................................................................HB 157 Retail stores; relative to price labels on shelves............................................................HR 415 Sales advertisements; availability disclaimer; type size..............................................HB 1556 Sales representatives; contracts; amend provisions........................................................SB 639 Secondary metals recyclers; regulate.............................................................................HB 1756 Telephone systems; warrant availability of service and parts...................................HB 1915 Theft by receiving stolen property; exclude certain ticket purchases......................HB 1589 Ticket sales; authorized service charges...........................................................................SB 700 Trade practices; solicitation of elderly; regulate..........................................................HB 1819 Trademark registration; revise fees; corporations, partnerships, and associations; revise fees................................................................HB 1682 Warehouses; license and inspection fees.......................................................................HB 1225 Waste management; toxic heavy metals in packaging; regulate..................................HB 124 Weights and measures; schedule of fees.......................................................................HB 1193 Works of art; duplicating; remove certain requirements............................................HB 1902
COMMERCE, CITY OF Corporate limits................................................................................................................HB 1998 New charter.........................................................................................................................HB 860 School system; request State Board of Education study.............................................HR 712
COMMERCIAL CODE Aliens; prohibit ownership of public utilities...................................................................HB 12 Security interest in crops; priority.................................................................................HB 1415 Security interest in crops; sharecroppers......................................................................HB 1420 Tax lien; security interest; priority................................................................................HB 1722 Uniform Commercial Code; amend..................................................................................HB 762
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INDEX
5943
COMMERCIAL CODE (Continued) Uniform Commercial Code; definitions; provisions.....................................................HB 1086 Uniform Commercial Code; revise...................................................................................HB 761
COMMISSIONS Appointments to boards, commissions, and committees; ensure state-wide representation; intent of General Assembly............................................HR 817 Casino gambling; authorization; Gaming Commission; membership............................HB 58 Certain obligations of state agencies and authorities; approval by State Financing and Investment Commission....................................................HB 1967 Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; create......................................................................................SB 811 Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create..........................HR 844 Commission on Women; create.........................................................................................HB 654 Desert Storm Monument Commission; create...............................................................HR 414 Georgia Commission on Economic Conversion; create...............................................HB 2183 Georgia Commission on Public Education Progress; establish....................................HB 252 Georgia Council on Environmental Quality; urge creation..........................................HR 101 Georgia folklife; programs, archives, trust fund; provide.............................................HB 946 Georgia Science and Technology Commission; create..................................................HB 757 Governor's Commission on Long-term Care; create ......................................................SR 373 Governor's Commission on Regional Health Care Issues Affecting Grady Memorial Hospital; create.................................................................................HR 224 Joint Legislative Commission on Future Strategies; create.........................................HB 169 Joint Study Commission on Revenue Structure; create................................................SR 443 Judicial Nominating Commission; provide.....................................................................HB 299 Judicial vacancies; Judicial Nominating Commission; provide assistance..........................................................................................................................HB 116 Northeast Georgia Public Health Region Overview Commission; create ..................HR 827 Office of Planning and Budget director; member; State Financial and Investment Commission - CA..............................................................SR 200 Real Estate Commission; terms of office........................................................................HB 430 State Boxing and Wrestling Commission; create...............................................................HB 9 State Boxing and Wrestling Commission; create...........................................................HB 108 State Commission on Family Violence; create................................................................SB 703 State Flag Commission; create.........................................................................................HR 649 State Housing Trust Fund for the Homeless Commission; powers.............................SB 512 Study Commission on Postsecondary Technical and Adult Education Finance; create.............................................................................................HR 928 Study Commission on Postsecondary Technical and Adult Education Finance; create..............................................................................................SR 431 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact............................SB 269 Walter F. George Tribute Commission; create..............................................................HR 881 Workers' Compensation Study Commission; create....................................................HB 2083
COMMITTEES Advisory Committee on Rural Development; membership........................................HB 1233 Appointments to boards, commissions, and committees; state-wide representation; intent of General Assembly...............................................................HR 817 Children and Youth Overview Committee; create..........................................................SB 105 Funds for the aging; committee to oversee; recommend appointment ......................HR 892 Georgia Children and Youth Overview Committee; create..........................................HB 302 Georgia Geographic Information System Study Committee; create...........................HR 183 Health insurance; urge Insurance Department to review private plans..................HR 1074
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5944
INDEX
COMMITTEES (Continued) House Committee to Study Check Dams for the Satilla, Altamaha, Ocmulgee, Oconee, Flint, and Alapaha Rivers; create.............................................HR 1107
- House Communications Technology Study Committee; create ................................HR 1075 House Department of Public Health Study Committee; create................................HR 1063 House Disparity in Sentencing and Sentencing Reform Study Committee; create...........................................................................................................HR 115 House Driver's License Sanctions and Auto Insurance Study Committee; create...........................................................................................................HR 235 House License, Occupation, and Professional Tax Study Committee; create...........................................................................................................HR 733 House Military Support and Assistance Study Committee; create............................HR 211 House Nursing Home Ombudsman Study Committee; create....................................HR 538 House Nursing Home Regulation and Inspection Study Committee; create...........................................................................................................HR 539 House Rules Committee; Ethics and Official Conduct Subcommittee; formulate ethics rules...................................................................................................HR 1184 House Sentencing Guidelines Study Committee; create................................................HR 11 House State Flag Redesign Study Committee; create....................................................HR 25 House State Health Benefit Plan Pharmacy Program Study Committee; create...........................................................................................................HR 731 House Study Committee on Job Creation and Retention for Georgians; create...........................................................................................................HR 1030 House Study Committee on Local Government Revenue Diversification; create ....................................................................................................HR 411 House Study Committee on Physical Fitness and Amateur Sports; create...................................................................................................................HR 540 House Study Committee on the Regulation of Tattooing; create...............................HR 774 House Tiered Pricing of Pharmaceuticals Study Committee; create.........................HR 571 Joint Children's Poison Protection Study Committee; create.....................................HR 190 Joint Comprehensive Transportation Plan for Georgia Study Committee; create.............................................................................................................HR 14 Joint Regional Hospital Study Committee; create........................................................HR 289 Joint Steering Committee for the Georgia General Assembly's Conference on Teenage Homicides and Suicides; create..........................................HR 413 Joint Study Committee for the Well-being of Georgia's Children; create...............................................................................................................HR 333 Joint Study Committee on Alternative Fuels; create...................................................HR 950 Joint Study Committee on Children and Youth; re-create..........................................HR 816 Joint Study Committee on Fines and Forfeitures and an advisory council; create..................................................................................................HR 347 Joint Study Committee on Gasoline Marketing; create...............................................HR 248 Joint Study Committee on Indigent Defense; create.....................................................SR 439 Joint Study Committee on Local Government Services; create..................................HR 894 Joint Study Committee on Regional Hospitals; create.................................................HR 927 Joint Study Committee on State and Local Government Environmental Enforcement Authority; create ..........................................................SR 511 Joint Study Committee on the Disposition of Fines and Forfeitures in Criminal and Traffic Cases; create.....................................................HR 646 Joint Workers' Compensation Study Committee; create .............................................HR 182 Legislative fiscal oversight committee; create; state auditor; powers..........................SB 410
Older Georgians' and Handicapped Transportation Task Force; create...................HR 457
Study Committee on Professional Tax Equity; create.................................................HR 938
Study Committee on Professional Tax Equity; create ..................................................SR 510
University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create................................HR 780
Wetlands Conservation Study Committee; continue....................................................HR 789
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5945
COMMITTEES, STANDING Assignments......................,................................................Pages 7, 8, 9, 11, 11, 259, 4608, 4608 Certain committees; subpoena powers ..............................................................................HB 59 Chairmen; compensation .................................................................................................HB 1038 Electric membership corporations; urge study by Public Service and Utilities Subcommittee of House Industry Committee....................................HR 471 Rules; Ethics and Official Conduct Subcommittee; formulate ethics rules.....................................................................................................................HR 1184
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Alford, Honorable Dean..................................................................................................Page 209 Baker, Honorable Thurbert............................................................................................Page 209 Bates, Honorable Kermit F., Jr.....................................................................................Page 861 Edwards, Honorable Ward..............................................................................................Page 211 Ellard, Honorable Glenn W.; resignation.........................................................................Page 3 Governor......................................................................Pages 2, 4, 5, 10, 4602, 4603, 4606, 4612 Hammond, Honorable John W..........................................................................Pages 116, 2904 Hightower, Honorable Anthony; resignation..................................................................Page 10 Legislative Counsel....................................................................................Pages 12, 13, 208, 210 Lieutenant Governor..............................................................................................Pages 209, 211 Lupton, Honorable John M., Ill; resignation ............................................................Page 4603 Oliver, Honorable Mary Margaret...............................................................................Page 1626 Secretary of State.................................Pages 6, 8, 140, 212, 220, 224, 955, 1436, 1742, 2297, 2841, 3108, 4197, 4604, 4606, 4618, 5002, 5876, 5907 Smyre, Honorable Calvin................................................................................................Page 211 Speaker of the House.............................Pages 2, 3, 7, 8, 9, 11, 11, 209, 211, 259, 4608, 4608 Stephens, Honorable Lawton E.; resignation.............................................................Page 4605 Young-Cummings, Honorable Mary............................................................................Page 3884
COMMUNITY AFFAIRS Community Education and Development Act; enact..................................................HB 1281 Executive Fellows Program; provide ................................................................................SB 426 Governor's Development Council; composition; powers................................................SB 590 Industrialized buildings; inspections; penalty provisions...........................................HB 1284 Regional development centers; create nonprofit corporations .....................................SB 660 Regional development centers; employees; restrictions..............................................HB 1680 Regional development centers; membership ................................................................HB 1442 Regional development centers; ratify certain transfer....................................................HR 79
COMPENSATION RESOLUTIONS Adams, Donald E.; compensate........................................................................................HR 815 Bedell, Rosa L.; compensate.............................................................................................HR 955 Boynton, Ricky Lee; compensate.....................................................................................HR 878 Brown, Tom Watson; compensate ...................................................................................HR 843 Clark, Elizabeth S.; compensate.......................................................................................HR 727 Davidson, Tara Joyner; compensate................................................................................HR 677 Davis, Sandra K.; compensate..........................................................................................HR 879 Introduction in Senate..........................................................................................................SB 16 Savannah Concrete, Inc.; Will D. Herrin, President; compensate..............................HR 651 Ulmer, John Wesley, Jr.; compensate .............................................................................HR 723 Wanzer, Terry; compensate...............................................................................................HR 977
COMPUTERS Ad valorem tax; intangible personal property; include software ..............................HB 2028 Media center materials; hardware and software............................................................HB 999 Privacy for Consumers and Workers Act; enact..........................................................HB 2097 Quality basic education; media center hardware and software; funds........................SB 571
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5946
INDEX
CONASAUGA JUDICIAL CIRCUIT Add judge.............................................................................................................................HB 672 Certain investigators; arrest powers .................................................................................SB 850
-CONDOMINIUMS; certain expenses; liability..............................................................HB 543
CONNELL, JIMMY; commend........................................................................................HR 808
CONSERVATION AND NATURAL RESOURCES Air Quality Act and Motor Vehicle Emission Inspection and Maintenance Act; recodify ..........................................................................................HB 1440 Air Quality Act; comprehensively revise provisions....................................................HB 1439 Air quality; odor-causing chemicals; emission limitations..........................................HB 1554 Aircraft; noise abatement violation; penalty................................................................HB 1908 Aquatic Weed Control Act; enact..................................................................................HB 1552 Automobile industry; imposition of certain standards; urge Congress reject........................................................................................................SR 490 Beach renourishment; additional purpose; local option sales tax...............................HB 622 Bicycle and pedestrian facilities; Department of Transportation request funds from Federal Highway Administration............................................HB 1036 Biomedical waste thermal treatment technology facilities; moratorium........................................................................................................................HR 31 Biomedical waste thermal treatment technology facility; hazardous waste site.....................................................................................................HB 1169 Biomedical waste thermal treatment technology facility; prohibit; exception..........................................................................................................HB 381 Biomedical waste thermal treatment technology facility; prohibit permit..................................................................................................................HB 82 Boat docks on state owned lakes in state parks; urge study by Department of Natural Resources.............................................................................HR 1243 Certain waste treatment facility; permit..........................................................................SB 268 Coastal marshlands; amend provisions..........................................................................HB 1389 Combined sewer overflow; sewage overflow treatment; compliance date................HB 1634 Community Right to Know Act; enact..........................................................................HB 1438 Department of Environmental Protection; create...........................................................HB 80 Department of Natural Resources; commerce and industry development; remove duty to promote........................................................................HB 755 Department of Natural Resources; unclassified hourly employees; selection .......................................................................................................HB 938 Disposal of sludge; permit...............................................................................................HB 1280 Earth Summit; endorse and urge President Bush to attend.....................................HR 1187 Eminent domain; condemned property; environmental compliance ........................HB 1677 Environmental Education Council; recycling awareness program in schools........................................................................................................HB 1412 Environmental Facilities Authority; certain funds; solid waste loans......................HB 1391 Environmental Protection Division; appoint director....................................................SB 102 Environmental Protection Division; director; provide....................................................HB 79 Environmental protection; solid waste fee; Hazardous Site Response Act; enact.....................................................................................................HB 1394 Erosion and Sedimentation Act; certain construction projects; minimum standards......................................................................................................HB 1298 Excise tax; state and county; solid minerals severance................................................HB 696 Gasoline or diesel fuel pump nozzles; safety devices.....................................................SB 609 Georgia Commission on Economic Conversion; create...............................................HB 2183 Georgia Council on Environmental Quality; urge creation..........................................HR 101 Georgia Prescribed Burning Act; enact............................................................................SB 543 Georgia Safe Dams Act; certain orders; filing requirements........................................SB 522 Georgia Science and Technology Commission; create..................................................HB 757
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5947
CONSERVATION AND NATURAL RESOURCES (Continued) Governor's Ground-water Advisory Council; create; protected fresh waters; prohibit certain vessels............................................................................SB 618 Hazardous waste facility; certain permits; prohibit....................................................HB 1092 Hazardous waste facility; near groundwater recharge area; prohibit...........................................................................................................................HB 1091 Hazardous waste management; siting facilities; provisions...........................................SB 745 Hazardous waste; petroleum contaminated soil; permissible limits.........................HB 2095 Herty Foundation; tax exemptions..................................................................................HB 312 Indian burial grounds, human remains, and burial objects; protection.........................................................................................................................HB 457 Jekyll Island-State Park Authority; membership............................................................HB 48 Joint Study Committee on State and Local Government Environmental Enforcement Authority; create ..........................................................SR 511 Landmark historic property; ad valorem tax; preferential assessment.......................SB 607 Liming Materials Act of 1992; provisions........................................................................SB 521 Marinas; state owned marshland; delete certain prohibition....................................HB 1134 Motor vehicle emission inspection; urge Congress allow use of Bar 90 testing system................................................................................................HR 930 Mountain and river protection; single-family dwelling; certain exception...........................................................................................................HB 1516 Natural Resources Department; programs on public property; volunteer services..........................................................................................................HB 1387 Newspapers and newsprint; prohibit in landfills.........................................................HB 2184 Off-road vehicles; registration provisions......................................................................HB 2124 Parks, historic sites, and recreational areas; violations of rules and regulations; probate court jurisdiction................................................HB 1453 Private property rights; certain legislation; urge Congress enact...............................HR 998 Property; public road purpose; wetland mitigation.......................................................HB 674 Protection of Tidewaters Act and Right of Passage Act; enact................................HB 1390 Railroads; abandoned rights of way; convert to trails.....................................................SR 25 Regulatory agencies; comprehensively revise provisions...............................................SB 535 River basin management plans; development; approval...............................................SB 637 Shore Assistance Act; repeal; Shore Protection Act; enact...........................................SB 725 Soil erosion control; buffer zone around stream banks................................................HB 765 Solar or electric powered vehicles; sales tax and license fee exemptions...............................................................................................................HB 1551 Solid waste facility; near certain Georgia lakes; prohibit.............................................HB 784 Solid waste management; amend provisions................................................................HB 1386 Solid waste management; amend provisions; scrap tire disposal; enact provisions.............................................................................................................HB 1385 Solid waste management; state-wide recycling program; establish for state agencies ..........................................................................................................HB 1872 Solid waste reduction; counties and municipalities encouraged to exceed goals ...........................................................................................HB 590 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia.....................................................................................................HR 225 Surface mining; permits; Environmental Protection Division......................................SB 523 Underground storage tank; define; trust fund provisions............................................HB 743 Upper Savannah River Development Authority; amend provisions.........................HB 1767 Vegetative barrier along stream banks; variances by certain entities......................HB 1274 Waste disposal; public or private services; regulation..................................................HB 419
Waste management; low-level radioactive waste; provisions.......................................HB 723
Waste management; municipal solid waste; certain requirements ...............................HB 60
Waste management; recycled content newsprint.............................................................HB 95
Waste management; scrap tire disposal; regulations.....................................................HB 481
Waste management; toxic heavy metals in packaging; regulate..................................HB 124
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5948
INDEX
CONSERVATION AND NATURAL RESOURCES (Continued) Water and sewer systems; materials sold by county; requirements.........................HB 1255 Water quality; limits on phosphorus discharged into Chattahoochee River.......................................................................................................SB 381 Water well contractors; continuing education program; provisions..........................HB 1477 Water well contractors; license renewal; examination..................................................HB 748 Wetlands Conservation Study Committee; continue....................................................HR 789 Wetlands; federal manual; urge Congress to mandate changes..................................HR 114
CONSTITUTIONAL AMENDMENTS Ad valorem tax; appealed assessments; property value; Consumer Price Index....................................................................................................HR 991 Ad valorem tax; exempt certain increase in property value........................................HR 931 Ad valorem tax for school purposes; limitation.............................................................HR 726 Ad valorem tax; property value; acquisition..................................................................HR 188 Bill mandating action by local government; pass only if funded................................HR 873 Boards of education; single member districts..................................................................HR 76 Casino gambling; provide....................................................................................................HR 24 Certain business loans; authorize guaranteed revenue debt........................................HR 385 Certain educational facilities; authorize guaranteed revenue debt.............................HR 384 Certain elected officials; plurality of votes.......................................................................HR 38 Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law..................................................HR 33 County merger or division; remove certain requirement..............................................HR 526 Disaster Emergency Relief Fund; create.........................................................................HR 106 Dog racing; provide for pari-mutuel wagering.................................................................HR 26 Education; five-year budget Act; General Assembly adopt.......................................HR 1248 Education funding; repeal ad valorem tax; impose 3% sales tax...............................HR 655 Elected officials; limit terms.............................................................................................HR 676 Ethics training for public officers; General Assembly provide by law.................................................................................................................HR 859 Farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and representatives; General Assembly regulate.............................................................................................SR 486 Fiscal year; April 1-March 31; authorization...................................................................HR 32 General Assembly and Lieutenant Governor; four-year terms; limit service .....................................................................................................................HR 872 General Assembly; four-year terms..................................................................................HR 861 General Assembly; January and August sessions..........................................................HR 935 General Assembly; special residency requirements.......................................................HR 864 Governor and Lieutenant Governor; one six-year term .................................................HR 17 Governor's veto; three-day session for overriding...........................................................HR 21 Heavy-duty equipment motor vehicles; classification; ad valorem tax purposes................................................................................................HR 715 Horse racing; provide for pari-mutuel wagering..............................................................HR 22 Indigent Care Trust Fund; General Assembly provide by law....................................HR 840 Initiative petition; power to enact or reject...................................................................HR 714 Legislators; create staggered terms; limit service..........................................................HR 671 Local expenditures and tax increases; General Assembly limit by law.....................HR 721 Local income tax; educational purposes..........................................................................HR 818 Local school systems; revenue; General Assembly provide by taxation ....................HR 826 Lotteries; delete prohibitions; provide for nonprofit lottery.......................................HR 226 Lotteries; repeal prohibitions..............................................................................................HR 35 Motor fuel taxes; provide and maintain mass transportation facilities............................................................................................................................HR 161 Office of Planning and Budget director; member; State Financial and Investment Commission........................................................................SR 200 Pardons and Paroles Board; elect members.....................................................................HR 78
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5949
CONSTITUTIONAL AMENDMENTS (Continued) Practice of law; regulation; General Assembly provide by law..........................,........HR 670 Probate court judges; nonpartisan election....................................................................HR 102 Public Service Commission; governor appoint members..............................................HR 332 Real property; bona fide sale; appraised value; Consumer Price Index ....................HR 990 Repealed by local Act; referendum requirement; clarify..............................................HR 997 Revenue bills; originate in either House ..........................................................................SR 13 Revenue; educational purposes; special one percent sales tax....................................HR 108 Revenue; educational purposes; special one percent sales tax ....................................HR 134 Revenue; educational purposes; special one percent sales tax....................................HR 158 Revenue; educational purposes; special one percent sales tax....................................HR 159 Revenue; educational purposes; special one percent sales tax .....................................SR 159 Sales tax exemption; school fund-raisers........................................................................HR 674 Sales tax; food consumed off premises; exemption.........................................................HR 10 Sales tax for educational purposes; General Assembly authorize by law..................HR 672 Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide..............................................................HR 399 Special judicial circuits; investigative grand juries, trial juries, courts, and personnel.........................................................................................HR 260 Special judicial circuits; investigative grand juries, trial juries, courts, and personnel............................................................................................SR 70 Special purpose sales tax for educational purposes; General Assembly authorize by law..........................................................................................HR 1009 Special sales and use taxes; one-third proceeds for education..................................HR 1186 State agencies; certain services; fees to offset expenses ...............................................HR 896 State Board of Education and state school superintendent; appointment....................................................................................................................HR 525 State health insurance system; General Assembly provide by law.............................HR 812 State loans to local governments; solid waste recycling...............................................HR 732 State lottery; continuation; quadrennial voter approval ..............................................HR 895 State lottery for education construction trust fund; provide......................................HR 181 State lottery; indigent care and educational purposes ...................................................HR 36 State lottery; provide for educational purposes...............................................................HR 34 State Revenue Estimate Board; create .........................................................................HR 1027 Superior court judges; Governor appoint..........................................................................HR 37 Superior court judges; residency requirements................................................................HR 75 Superior court judges; terms of office...............................................................................HR 77 Technology Related Assistance Trust Fund for Individuals with Disabilities...............................................................................................................SR 146 Transmittal of bills to Governor during session; veto messages; veto session......................................................................................................................HR 598 Transportation Trust Fund; create...................................................................................SR 477 Workers' compensation; certain trust fund; General Assembly provide by law.................................................................................................................HR 863 Workers' Compensation Trust Fund; General Assembly provide by law...................SR 475
CONSUMER AFFAIRS Advertising; debt relief; include term bankruptcy.........................................................SB 582 Auctioneers and used motor vehicle dealers; licensing provisions............................HB 1637 Bankruptcy filings; recommendations for processing and adjudication.....................SR 426 Beauty pageants; regulation............................................................................................HB 1978 Civil practice; certain actions; jurisdiction; venue.......................................................HB 1827 Commerce and trade; beverage containers; provisions.................................................HB 870 Consumers' utility counsel; change automatic repeal...................................................HB 262 Deceptive practices; automobile repair; aftermarket crash parts; disclosure ..............................................................................................................HB 888 Deceptive practices; certain use of local telephone number by nonlocal business; prohibit....................................................................................HB 1314
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5950
INDEX
CONSUMER AFFAIRS (Continued) Executive Fellows Program; provide ................................................................................SB 426 False advertising; legal services; prohibitions...............................................................HB 1860 Fireworks; certain types; sales........................................................................................HB 1035 Food Act; retail groceries; price on package.....................................................................HB 31 Food labeling; spring water; definition..........................................................................HB 1497 Food sales and service; county or city permits; requirements; prohibitions.......................................................................................................................SB 460 Gasoline; products containing alcohol; label..................................................................HB 564 Georgia Science and Technology Commission; create ..................................................HB 757 Goods and services; regulating cost; exemptions...........................................................HB 747 Health care providers; certain advertisement; deceptive practice............................HB 1347 Household goods carrier; regulation by Public Service Commission........................HB 1539 Insurance; liability and casualty insurers; establish customer affairs and information department..........................................................................HB 1402 Insurance; liability and casualty insurers; information to claimant.........................HB 1421 Insurance; Unfair Claims Settlement Practices Act; enact........................................HB 1346 Insurance; unfair practices; certain advertising; carry-over deductible.........................................................................................................................HB 904 Juries; list for commercial purposes; prohibit................................................................HB 308 Livestock dealers; leased livestock sales; liability to owner or lessor..........................................................................................................................HB 1540 Loan brokers; prohibitions..............................................................................................HB 1210 Loan brokers; prohibitions..............................................................................................HB 1214 Loan brokers; prohibitions..............................................................................................HB 1240 Motor vehicle rentals; regulate.........................................................................................HB 918 Motor vehicles; prohibit obstruction of license plates................................................HB 1602 Multilevel distribution companies; amend provisions ................................................HB 1502 Multiyear leases; Community Education and Development Act; grants....................SB 587 Natural gas; certain retail sales; not under jurisdiction of Public Service Commission ....................................................................................HB 1633 Personal care homes; certain services; prohibit certain representations..............................................................................................................HB 1640 Personal care homes; licensing; long-term care ombudsman........................................SB 561 Pricing and Advertising of Consumer Items Act of 1991; enact...................................HB 30 Privacy for Consumers and Workers Act; enact..........................................................HB 2097 Property and casualty insurance; annual reports; consumer complaints.................HB 1526 Residential utility service; deposit requirements...........................................................HB 367 Retail facilities; public rest room.....................................................................................HB 157 Retail stores; relative to price labels on shelves............................................................HR 415 Sales advertisements; availability disclaimer; type size..............................................HB 1556 Sales tax; new motor vehicles; certain exemption.......................................................HB 1147 Secondary metals recyclers; regulate.............................................................................HB 1756 Small Employer Health Insurance Availability and Consumer Protection Act; enact....................................................................................................HB 1775 Telephone record information disclosure; prohibitions.................................................SB 297 Telephones; advertising or solicitation calls; block access.........................................HB 2185 Telephone systems; warrant availability of service and parts...................................HB 1915 Theft by receiving stolen property; exclude certain ticket purchases......................HB 1589 Ticket sales; authorized service charges...........................................................................SB 700 Trade practices; solicitation of elderly; regulate..........................................................HB 1819 Works of art; duplicating; remove certain requirements............................................HB 1902
CONTRACTORS (CONSTRUCTION) Ad valorem tax; heavy-duty construction equipment.................................................HB 1279 Ad valorem tax; heavy-duty construction equipment; exceptions............................HB 1460
Building codes; state minimum standards; electrical contractors, plumbers, and conditioned air contractors; licensing exemption..........................HB 1109
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INDEX
5951
CONTRACTORS (CONSTRUCTION) (Continued) Construction codes; liquefied petroleum gas; reenact provisions..............................HB 1308 Contracts; timely payments; grounds for withholding................................................HB 1575 Electrical contracting license; include low-voltage contracting...................................HB 869
^Electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; change declaration of purpose................................................................HB 797
Electrical, plumbing, or conditioned air; licensing; grandfathering..........................HB 1840 Engineers and land surveyors; amend provisions..........................................................HB 143 Erosion and Sedimentation Act; certain construction projects;
minimum standards......................................................................................................HB 1298 Fire protection sprinkler system; certificate of competency;
revocation.......................................................................................................................HB 1642 Heavy-duty equipment motor vehicles; classification;
ad valorem tax purposes- CA .......................................................................................HR 715 High-voltage Safety Act; amend provisions..................................................................HB 1663 Master plumbers; licensing; examination requirements...............................................HB 581 Nonprofit contractors; applicability of laws; certain exemption...............................HB 1232 Occupation tax; principal office; certain contractors....................................................HB 750 Plumbing; definition.........................................................................................................HB 1425 Roofing contractors; regulate..........................................................................................HB 1290 Sales tax on execution of subcontracts; bond................................................................HB 336 Sales tax; retail sales definitions; certain exclusion....................................................HB 1250 State Tollway Authority; private persons or entities; participation
in projects ......................................................................................................................HB 1429 Water well contractors; continuing education program; provisions..........................HB 1477
CONTRACTS Boards of health; certain contracts; sealed bids and proposals...................................HB 821 Corporations; execution of documents; presumption of authority............................HB 1612 Counties and municipalities; certain multiyear contracts; referendum ...................HB 1309 County tollway projects; contract with State Tollway Authority...............................HB 713 Local boards of education; certain written employment contracts.............................HB 719 Principal and agent; conditional power of attorney....................................................HB 1518 Principal and agent; revise provisions to create agency.............................................HB 1656 Public works contracts; preference to Georgia contractors..........................................HB 993 Public works; retainage; interest; investment; payment................................................SB 631 Sales representatives; amend provisions..........................................................................SB 639 School systems; multiyear lease, purchase, or lease purchase contracts; real property limitations..............................................................................HB 321 State contracts; minority business participation...........................................................HB 230 State contracts; prohibitions; person, firm or corporation convicted of discrimination...........................................................................................HB 304 State government with retired employees; time limit ...................................................SB 541 Timely payments; grounds for withholding..................................................................HB 1575 Transportation projects; private entity contracts; authorize.....................................HB 1081
CONTROLLED SUBSTANCES Butane; prohibitions...........................................................................................................HB 511 Candidates; drug testing; pauper's reimbursement.......................................................HB 601 Certain violations; prohibit first offender status...........................................................HB 253 Controlled substances or marijuana; misdemeanor possession conviction; driver's license suspension.........................................................................SB 290 Controlled substances and dangerous drugs; amend list............................................HB 1342 Controlled Substances Therapeutic Research Act; amend provisions .....................HB 1187 Counterfeit substances within 1000 feet of school; felony............................................SB 676 Distribution to unborn child; prohibit prosecution.....................................................HB 1152 Driving with suspended license; increase penalty.........................................................HB 163
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5952
INDEX
CONTROLLED SUBSTANCES (Continued) Drug-free recreation or residential zones; provisions.....................................................SB 592 Forfeitures; proceeds..........................................................................................................HB 249 Forfeitures; proceeds.......................................................................................n ....................8B 73
- Forfeitures; proceeds...........................................................................................................SB 569 Hydromorphone oral tablets; prohibit oral prescription..............................................HB 137 Juvenile proceedings; designated felony; drug trafficking..............................................HB 87 Medical assistance; certain drugs; prior authorization and approval....................................................................................................................HB 472 Offense by law enforcement officer or prison guard; felony........................................HB 242 Penal institutions; uniform drug testing; provisions...................................................HB 1066 Prison inmates or personnel; random drug testing.......................................................HB 248 Property exchanged for criminally derived funds; unlawful transaction...................HB 324 Public employee; certain final conviction; ineligible for office....................................HB 255 Trafficking in cocaine, illegal drugs, or marijuana; penalty......................................HB 1917 Trafficking in marijuana; penalty......................................................................................HB 86 Trafficking in methamphetamine; penalty provisions...................................................SB 834 Trafficking near playground or housing project; penalties........................................HB 1779 Trafficking; penalty..........................................................................................................HB 1480 Using minors to manufacture or distribute; penalty .....................................................SB 593
COOK, FIRE CHIEF OMER; commend ...................................................................HR 50EX
COOK, REVEREND JAMES R. "JIMMY"; commend..........................................HR 1025
COOPER, REVEREND EVANS BENJAMIN, SR.; condolences.....................HR 77EX
CORONERS Death investigations; autopsy and limited dissection; redefine...................................SB 322 Death investigations; certain requirements....................................................................HB 520 Death investigations; certain requirements....................................................................HB 673 Qualifications and training; unattended death defined...................................................SB 33
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Execution of documents; presumption of authority....................................................HB 1612 Foreign limited liability companies; provisions ...........................................................HB 1649 Georgia Community Antenna Television (CATV) Authority; create.......................HB 1037 Georgia Property Owners' Association Act; enact.......................................................HB 1078 Hospital Financing Authority; definitions; health facilities; participating providers....................................................................................................SB 731 Income tax; certain corporations; amend provisions...................................................HB 1302 Income tax; certain taxpayers and certain corporations; amend provisions..........................................................................................................HB 1303 Income tax exemption; certain corporations..................................................................HB 650 Income tax; quarterly and monthly returns; deadline for filing...............................HB 1306 Principal and agent; conditional power of attorney....................................................HB 1518 Principal and agent; revise provisions to create agency.............................................HB 1656 Revise fees; trademark registration; revise fees;..........................................................HB 1682 Security agreement transfer; authorization ..................................................................HB 1159 Treasury shares; preemptive rights................................................................................HB 1932
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
COSMETOLOGISTS Continuation of Board.....................................................................................................HB 1571 Continuing education..........................................................................................................SB 181 Operate home beauty shop in van or mobile home......................................................HB 749
COUNTIES (Also, see Local Government or Named County) Abandoned cemeteries; reimbursement for upkeep....................................................HB 1611
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INDEX
5953
COUNTIES (Also, see Local Government or Named County) (Continued) Absentee ballots; courthouse serve as place to receive; population brackets......................................................................................................HB 1816 Ad valorem tax; amend provisions; mobile homes; location permits ..........................SB 617 Ad valorem tax; appealed assessments; property value; Consumer Price Index - CA..........................................................................................HR 991 Ad valorem tax; boats; functional location...................................................................HB 1263 Ad valorem tax; certain documents; escrow accounts.................................................HB 1962 Ad valorem tax collectors and appraisers; duties and responsibilities........................SB 539 Ad valorem tax; delinquency; revise population figures.............................................HB 2042 Ad valorem tax for school purposes; limitation - CA...................................................HR 726 Ad valorem tax; freeport exemption; clarification.......................................................HB 1286 Ad valorem tax; freeport exemption; local option tax; time for election..............................................................................................................HB 198 Ad valorem tax; homestead definition; population brackets.....................................HB 1945 Ad valorem tax; installment payments; due dates......................................................HB 1131 Ad valorem tax; interest on delinquent taxes; population brackets.........................HB 1878 Ad valorem tax; interest on delinquent taxes; population brackets.........................HB 1894 Ad valorem tax; interest on unpaid taxes; change population figures.....................HB 2088 Ad valorem tax; millage rate; publication requirement................................................HB 250 Ad valorem tax; mobile homes; population brackets..................................................HB 1895 Ad valorem tax; payments in certain counties; population brackets ..........................SB 633 Ad valorem tax return; notice of changes; provisions.................................................HB 1963 Ad valorem tax; time for returns; change population figures....................................HB 2085 Ad valorem tax; time for returns; homestead exemption filing date..........................SB 695 Additional equalization boards; create in certain counties........................................HB 1114 Administrator; appointment by probate judge; population figure...............................SB 753 Adult entertainment; urge zoning ordinances to regulate............................................HR 897 Advisory Committee on Rural Development; membership........................................HB 1233 Aircraft; noise abatement violation; penalty................................................................HB 1908 Airport outside boundary; Transportation Board approval.........................................HB 848 Airports; acquisition; consent of electors........................................................................HB 121 Airports; acquisition, construction and maintenance; required consent................................................................................................................HB 73 Airports; certain acquisitions; zoning laws .......................................................................HB 46 Airports; certain property condemnation; prohibit........................................................SB 173 Airports; extraterritorial condemnation of property.......................................................HB 45 Alcoholic beverage sales; certain coliseum authorities................................................HB 1437 Alcoholic beverage sales; certain counties; change population figures.....................HB 1533 Alcoholic beverage sales on Sunday; remove prohibition.............................................HB 459 Alcoholic beverage sales; population brackets..............................................................HB 1708 Alcoholic beverage sales; publicly owned facilities; nondrinking area .....................HB 1906 Alcoholic beverages; sales on Sunday; change population figures ............................HB 2089 Alcoholic beverages; Sunday sales and sales by drink; sales in coliseums; population..............................................................................................HB 1451 Alcoholic beverages; Sunday sales at festivals in certain counties..............................SB 728 Alcoholic beverages; Sunday sales; population brackets ............................................HB 1882 Amateur radio operators; antennae installation; restrictive covenants....................HB 1713 Annexation; comprehensive revision of provisions; unincorporated islands...................................................................................................HB 113 Annexation; restriction of rezoning in certain counties; population figures............................................................................................................SB 748
Assistant district attorneys; define LL.M. degree..........................................................SB 787
Bad check prosecution; cash bonds; provisions ...........................................................HB 1685
Bail bond business; prohibit public officials; exception.............................................HB 1802
Bicycle paths; require use by riders...............................................................................HB 1447
Bill mandating action by local government; pass only if funded - CA......................HR 873
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5954
INDEX
COUNTIES (Also, see Local Government or Named County) (Continued) Board of commissioners; meeting date; repeal; population figures...........................HB 2047 Boards of commissioners; single-member districts........................................................HB 104
- Boards of education; certain vacancy; population brackets..........................................SB 741 Boards of education; operation of schools; population figures.....................................SB 742 Boards of education; programs for children; other than school hours.....................HB 1356 Boards of education; single member districts - CA.........................................................HR 76 Boards of elections in certain counties; population bracket.........................................SB 682 Boards of elections in certain counties; repeal Act creating......................................HB 1759 Boards of elections in certain counties; repeal Act providing...................................HB 1881 Boards of elections; population brackets......................................................................HB 1879 Boards of equalization; authorize additional boards...................................................HB 1889 Boards of equalization; change population figures......................................................HB 2041 Boards of equalization; provisions for additional boards...........................................HB 1890 Boards of health; certain contracts; sealed bids and proposals...................................HB 821 Boards of health; certain member; population brackets ............................................HB 2027 Boards of health; eighth member; provisions...............................................................HB 1717 Boards of health; implement injury prevention measures.........................................HB 1817 Bond funds; use in certain counties; revise population figures....................................SB 838 Branch banks; counties adjacent to parent bank; revise population figure..............................................................................................................SB 839 Business license; require proof of state license before issuing..................................HB 1718 Campus defined in certain counties; population figures...............................................SB 749 Cemeteries; minimum size requirements; exemptions...................................................SB 490 Central accounting system in certain counties; population brackets..........................SB 738 Certain alcoholic beverage sales; prohibitions; population brackets ........................HB 2015 Certain counties; additional equalization boards; repeal............................................HB 1117 Certain counties; development authorities; population classification ......................HB 1231 Certain judicial salaries in certain counties; change population figure..............................................................................................................SB 806 Certain lake property; disposition..................................................................................HB 1667 Certain multiyear contracts; referendum......................................................................HB 1309 Certain tax appeals; time interest accrual begins........................................................HB 1562 Chief appraiser; board of tax assessors member; approval..........................................HB 832 Child care expenses; court-ordered reimbursement; include Department of Human Resources..............................................................................HB 1598 Civil actions; summons; service by mail........................................................................HB 1514 Collection of state moneys; retain percentage..............................................................HB 1790 Collection of state moneys; retain percentage..............................................................HB 1940 Combined sewer overflow; sewage overflow treatment; compliance date................HB 1634 Commercial fertilizers; use of sludge; approval...........................................................HB 1955 Commissioners' compensation; repeal certain Act providing.....................................HB 1725 Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law - CA........................................HR 33 Concealed weapons; state court solicitors; authorization to carry ............................HB 1120 Conservation; disposal of sludge; permit......................................................................HB 1280 Constitutional amendments repealed by local Act; referendum requirement; clarify........................................................................................................HR 997 Constitutional officers; compensation ..............................................................................SB 553 Controlled or counterfeit substances; trafficking near playground or housing project; penalties..................................................................HB 1779
Coroners; qualifications and training; unattended death defined .................................SB 33
Counties and municipalities; acquire property for airport runways; referendum......................................................................................................HB 166
Counties and municipalities; investment of certain funds...........................................HB 602
County and school district project; special purpose sales tax.......................................HB 76
County attorneys; authorization; residency requirements............................................HB 371
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INDEX
5955
COUNTIES (Also, see Local Government or Named County) (Continued) County clerk; compensation; repeal; population figures.............................................HB 2000 County jail fund; provisions for paying over...................................................................SB 164 ounty manager in certain counties; authorization; population figures.....................SB 743 County merger or division; remove certain requirement - CA....................................HR 526 County offices; nonpartisan elections; General Assembly provide by local law......................................................................................................................HB 500 County police force; creation; approval by voters.......................................................HB 1236 County registrar; appointment in certain counties; change population figure..............................................................................................................SB 807 Courthouses; certain relocation; voter approval...........................................................HB 1204 Criminal procedure; restitution unclaimed after seven years; disposition......................................................................................................................HB 1721 Dairy manufacturers; exempt certain retail establishments......................................HB 1194 Death certificates; disposition of body permits; amend provisions..........................HB 1534 Death investigations; autopsy and limited dissection; redefine ...................................SB 322 Death investigations; certain requirements....................................................................HB 520 Death investigations; certain requirements....................................................................HB 673 Dependent children receiving aid; mandatory school attendance; exception.....................................................................................................HB 895 Deposit of certain funds in treasury of certain counties; change population figure................................................................................................SB 799 Deposit of funds; repeal certain provisions; population figures................................HB 2048 Deputy county registrars; appointment in certain counties; population brackets.........................................................................................................SB 832 Deputy registrars in certain counties; change population figure .................................SB 802 Development authorities; joint boards of directors; assumption of powers...................................................................................................HB 1733 Development authorities; number of directors.........................................................'.....HB 666 Distilled spirits; retail dealer license; provisions.........................................................HB 1600 Drug-free recreation or residential zones; provisions.....................................................SB 592 Education; capital outlay; certain sparsity systems; consolidation hearings..................................................................................................HB 1482 Education; demonstration plans and programs; provisions..........................................SB 769 Education; local fair share funds; determination ...........................................................SB 514 Education; local school superintendents; qualifications.............................................HB 1489 Education; multiyear leases; Community Education and Development Act;grants.........................................................................................................................SB 587 Education; office of strategic planning; create...............................................................HB 857 Education; open communication between child and parents; prohibit interference by local systems......................................................................................HB 1761 Education; social values instruction; urge implementation of policy adopted by State Board of Education.............................................................HR 781 Elected public officials; campaign contributions; limitations......................................HB 521 Elections; amend provisions............................................................................................HB 1644 Elections; ballots include certain candidate's chief deputy; poll officers; compensation..........................................................................................HB 2057 Elections; certain county offices; ballot include candidate's chief deputy...................................................................................................................HB 1743 Elections; electors lists; absentee ballots; certain children in voting booth..............................................................................................................HB 1369
Emergency 911 service; monthly charge; local governments impose..........................HB 795
Emergency 911 systems; advisory board; local governments create.........................HB 1583
Employee pension rights in certain counties; change population figures...................SB 789
Ethics training courses; provisions.................................................................................HB 1648
Ethics training for public officers; General Assembly provide by law - CA.......................................................................................................HR 859
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5956
INDEX
COUNTIES (Also, see Local Government or Named County) (Continued) Fire safety standards; revise provisions........................................................................HB 1503 Firearms; regulation by state; exclusions........................................................................HB 375
- Georgia Airport Development Authority Law; enact..................................................HB 1106 Georgia Certified Fire Investigators Act; enact.............................................................HB 969 Georgia Crime Information Center; criminal history records; availability to county registrars....................................................................................HB 207 Georgia Safe Dams Act; certain orders; filing requirements........................................SB 522 Grand or trial jurors; eligibility to serve again; certain counties ..............................HB 1178 Hazardous waste facility; certain permits; prohibit....................................................HB 1092
Hazardous waste facility; near groundwater recharge area; prohibit.................................................................................................................HB 1091
Health Code; amend provisions........................................................................................HB 712 Homestead exemption; applications; population brackets.........................................HB 1896
Homestead exemption applications; population brackets; exclude Carroll County................................................................................................HB 1885
Hospital authorities; state grants for public health purposes.....................................HB 424 Hotel-motel tax; authorization to levy..........................................................................HB 1850 Hotel-motel tax; certain authorities ..............................................................................HB 1212 Housing authorities; commissioners; number and selection ......................................HB 1089 Incarceration costs; reimbursement; annual increase..................................................HB 1866 Income tax credit; certain businesses in certain counties............................................HB 489 Income tax; job tax credit; businesses in certain counties.........................................HB 1399 Indigent defense in certain counties; change population figure...................................SB 809 Indigent defense; multicounty public defender; create office.......................................SB 545 Individual sewage management systems; regulate.......................................................HB 1609 Inmates in detention facilities; medical services; reimbursement.............................HB 1170 Insurance; premium taxes; amend provisions..............................................................HB 1426 Insurance premium taxes; proceeds; street improvement.............................................SB 372 Intangible recording tax; commission for collection; change
population figures.........................................................................................................HB 2043 Jails and other detention facilities; escape; felony offense..........................................HB 566 Jails; certain conditions; dispatcher serve as jailer.......................................................HB 487 Jails; certain medical and wrongful actions costs; inmates reimburse.....................HB 1769 Jails; funds from fees and forfeited bonds; municipal contract................................HB 1149 Jails; inmates with infectious disease or HIV infected; notification...........................SB 128 Joint city-county boards of equalization; create in certain counties........................HB 1653 Judicial sales; legal advertising; official organ provisions..........................................HB 1545 Juries; Public Safety Department; furnish certain list...................................................HB 21 Jury clerk appointment in certain counties; change population figure ......................SB 794 Jury clerk appointment; population bracket...................................................................SB 683 Justice of the peace emeritus in certain counties; change
population figure..............................................................................................................SB 805 Juvenile justice services; local provision; incentives ......................................................SB 378 Land bank authorities; property acquisition; certain taxes.......................................HB 1692 Law enforcement agencies; employ police paraprofessionals.....................................HB 1140 Law libraries; board of trustees; membership..............................................................HB 1861 Law library funds; repeal provisions .............................................................................HB 1783 Legal advertisements in certain counties; change population figure...........................SB 808 Legal advertisements; publication..................................................................................HB 1952 Litter control; amend provisions....................................................................................HB 1181
Local bills; intention to introduce; notice to governing authority..............................HB 565
Local boards of education; additional powers.................................................................SB 721
Local boards of education; certain written employment contracts.............................HB 719
Local expenditures and tax increases; General Assembly limit by law - CA............................................................................................................HR 721
Local governments and boards of education; single-member districts.......................HB 103
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INDEX
5957
COUNTIES (Also, see Local Government or Named County) (Continued) Local governments; fair rent commission.......................................................................HB 111 Local hospital authority; projects in other areas; operate ^ upon request.....................................................................................................................SB 294 Local income tax; election to impose; provisions...........................................................HB 623 Local income tax; referendum; local option sales tax; repeal certain prohibition............................................................................................HB 1300 Local option sales tax; projects other than road, street, or bridge.............................HB 598 Local option sales tax; purposes; add beach renourishment........................................HB 622 Local sales and use taxes; limitation; exclude MARTA.............................................HB 1851 Local school superintendents; minimum salary; state funds.......................................HB 954 Local school systems; certified personnel; grievance procedures..............................HB 1812 Local school systems; revenue; General Assembly provide by taxation - CA .............................................................................................................HR 826 Magistrate courts; filing fees; maximum.......................................................................HB 1848 Metropolitan area planning and development commissions; election of members......................................................................................................HB 1179 Mobile home permits; population brackets..................................................................HB 1880 Mobile home permits; population brackets..................................................................HB 1891 Mobile homes; decal violations; magistrate court enforce..........................................HB 1927 Mobile homes; moving without decals; certain notification.......................................HB 1588 Motor vehicle license plates; revalidation decals; placement.....................................HB 1135 Motor vehicles; certificate of title; inspection of records...........................................HB 1809 Multidoor Courthouse Act; enact...................................................................................HB 1338 Multiyear contracts; certain data; publication.............................................................HB 1811 Municipal ad valorem taxes; county or municipal assessment; population figures.........................................................................................................HB 2034 Municipal ad valorem taxes in certain counties; change population figure..............................................................................................................SB 793 Municipal corporations; boundaries in certain counties; minimum requirements..................................................................................................HB 369 Municipal elections; population bracket..........................................................................SB 684 Municipal list of electors; purging in certain counties; population figures............................................................................................................SB 754 Municipal voter registration list in certain counties; population brackets.........................................................................................................SB 740 Newspaper; official county organ; certain requirement.................................................SB 515 Nonprofit food sales and service; permits; requirements; prohibitions.......................................................................................................................SB 460 Nonresident landlords; service of complaints ..............................................................HB 1270 Occupation or professional tax; limitations..................................................................HB 1536 Occupation taxes; practitioner's principal office; amend .............................................HB 697 Occupation taxes; principal office; certain contractors.................................................HB 750 Occupation taxes; principal office; maximum................................................................HB 624 Occupation taxes; telecommunication services; license.................................................HB 677 Occupation taxes; utility services; county license..........................................................HB 629 Office of county treasurer in certain counties; repeal Act abolishing.........................SB 739 Office of treasurer in certain counties; repeal Act abolishing...................................HB 1652 Peace officers; certain training costs; reimbursement.................................................HB 1829
Peace officers; citizens of adjoining states; training; reimbursement in certain instances..............................................................................SB 750
Personal property sales other than at courthouse in certain counties; change population figure ...............................................................................SB 800
Pesticides; prohibitions....................................................................................................HB 1196
Planning and zoning; exercise powers in inactive municipalities..............................HB 1408
Police department pensions in certain counties; change population figure..............................................................................................................SB 797
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5958
INDEX
COUNTIES (Also, see Local Government or Named County) (Continued) Political subdivisions; property purchase; appraisal requirements.............................HB 499 Probate court costs; population brackets......................................................................HB 1678 Probate court judges; nonpartisan election; qualifying...................................................SB 62 Probate courts; fees for certain hearings........................................................................HB 213 Probate courts; schedule of costs; population brackets..............................................HB 1651 Probation system employees in certain counties; membership in local retirement system; change population figure.....................................................SB 795 Probation systems for municipal courts; authorize........................................................SB 730 Property assessment appeal; taxpayer access to certain information ......................HB 1964 Property condemnation; assessors' costs; change population figures.......................HB 2044 Property in adjoining counties; prohibit purchase; exception...................................HB 1976 Property tax assessments; advertising provision; repeal............................................HB 1160 Public libraries; boards of trustees; compensation........................................................HB 579 Public officers and employees; loyalty oath; change provisions..................................HB 191 Public officers and employees; loyalty oath; delete certain reference..............................................................................................................HB 189 Public officials; vacancies in office; appointments........................................................HB 235 Public records; computerized index; requirements......................................................HB 1378 Public safety radio services in certain counties; change population figure..............................................................................................................SB 801 Public school personnel; payroll deduction; authorization ...........................................SB 591 Quality basic education; certain funding provisions; temporary changes................HB 2EX Quality basic education; local fair share funds and equalization grants ..........................................................................................................SB 537 Quality basic education; local fair share funds; calculation.......................................HB 1869 Quality basic education; local fair share funds; limitation.........................................HB 1119 Quality basic education; local fair share funds; limitation.........................................HB 1801 Quality basic education; textbooks; property of local administration........................HB 727 Rabies control; procedures; inoculation of felines..........................................................SB 602 Railroads; grade crossing elimination costs.....................................................................SB 286 Real estate appraisers; licensing; requirements...........................................................HB 1289
Real property; bona fide sale; appraised value; Consumer Price Index-CA.............................................................................................................HR 990
Real property; sale to highest bidder; provisions........................................................HB 1675 Refuse receptacles in certain counties; population figures ........................................HB 1310 Regional development centers; create nonprofit corporations .....................................SB 660 Regional development centers; employees; restrictions..............................................HB 1680 Regional development centers; membership................................................................HB 1442 Regional development centers; ratify certain transfer....................................................HR 79 Regional surface and air transportation authorities; create.........................................HB 919 Retired policemen and firemen; pensions in certain counties;
change population figure................................................................................................SB 792 Revenue Bond Law; undertaking; change definition....................................................HB 638 Sales, motor fuel, and excise taxes; limit reimbursement to dealers........................HB 1146 Sales tax collections; eliminate reimbursement to dealers.........................................HB 1271 School activities outside academic day; certain students; provisions.......................HB 1681 School buses transporting kindergarteners; provide seat belts...................................HB 937 School consolidation; opposition petitions.......................................................................SB 155
School enrollment; social security number required......................................................SB 507
School superintendents; change applicable provisions; county to local; additional powers of local boards ...............................................................HB 1490
School superintendents; qualifications; residency requirement.................................HB 1371
School systems; multiyear lease, purchase, or lease purchase contracts; real property limitations..............................................................................HB 321
School taxes; retainage in certain counties by tax collector; population brackets.........................................................................................................SB 803
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INDEX
5959
COUNTIES (Also, see Local Government or Named County) (Continued) School textbooks; purchasing by local systems..............................................................HB 193 Schools; certain materials and instruction; prohibit...................................................HB 1703 Schools; student attend where parent employed............................................................SB 533 Seat belts; failure to use; additional violations..............................................................HB 282 Seat belts; failure to use; additional violations...............................................................SB 395 Service of process; authorization....................................................................................HB 1116 Sheriffs; authority to deposit certain funds; change population figure...........................................................................................................HB 2054 Sheriffs; duties in certain counties; population brackets..............................................SB 804 Sheriffs; fees; clerks' recording fees..................................................................................SB 496 Sheriffs; qualifications; amend provisions ....................................................................HB 1613 Solid waste reduction; counties and municipalities encouraged to exceed goals ................................................................................................................HB 590 Special facilities by Department of Human Resources; certain notification required.......................................................................................................HB 573 Special one percent sales tax; imposition; time limit.................................................HB 1674 Special Program of Services for At-Risk Children and Their Families Act; enact.......................................................................................................HB 1073 Special purpose sales tax for educational purposes; General Assembly authorize by law - CA................................................................................HR 1009 Special service districts; administration........................................................................HB 1410 Speed detection devices; certain conditions; prohibit permit....................................HB 1813 Speed detection devices; certain counties or municipalities; restrictions.......................................................................................................................HB 535 Standing timber; purchase reports to tax assessors; disclosure.................................HB 1867 State and local government; public officials; stationery contain phone number...................................................................................................HB 955 State court judge; residency requirement........................................................................SB 486 State courts; furnish services to certain municipalities..............................................HB 1362 State loans to local governments; solid waste recycling - CA .....................................HR 732 Students and possessions; authorized searches on school property..........................HB 1992 Superior court clerks; compensation; change population figure................................HB 2158 Superior court clerks; compensation; change population figures.................................SB 384 Superior court clerks; fees; certain counties; population classification.....................................................................................................................SB 317 Superior court clerks; fees; certain counties; population classification.....................................................................................................................SB 318 Superior court clerks; retirement fund payments in certain counties; change population figure ...............................................................................SB 798 Tax assessment appeal; certain discussion; taxpayer's rights....................................HB 1965 Tax assessment; reduction as result of appeal; property owner's expenses...........................................................................................................HB 1966 Tax assessments; appeals and reviews; certain counties............................................HB 1118 Tax assessments; appeals to superior court; utilize county appraisal staff................................................................................................................HB 1124 Tax assessments; population brackets...........................................................................HB 1897 Tax assessments; taxpayer and board of equalization disputes; arbitration......................................................................................................................HB 1123 Tax assessors; time for presenting returns...................................................................HB 1248 Tax digest; appeal of rejection .........................................................................................HB 411 Tax digest; appeals and arbitrations; conditions for approval....................................HB 858
Tax digest; conditional approval......................................................................................HB 410
Tax digest; disapproval by commissioner; assessment..................................................HB 414
Tax digest; disapproval provisions; exception..............................................................HB 1110
Tax digest; disapproved; collection authorization.........................................................HB 415
Tax digest; evaluation cycle; provisions........................................................................HB 1595
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5960
INDEX
COUNTIES (Also, see Local Government or Named County) (Continued) Tax returns; population brackets applicable to Carroll County; repeal..................HB 1886 Tax returns; time for making; population brackets....................................................HB 1893
- Tax returns; time for presentation; population brackets...........................................HB 1883 Tax returns; time for presentation; population brackets ...........................................HB 1892 Tax sale; right to redeem property; expiration............................................................HB 1095 Taxation; jeopardy assessments by local tax commissioner.......................................HB 1808 Telephones; county-wide local calling; certain exemption.........................................HB 1422 Telephones; new area codes; prohibit splitting counties............................................HB 1643 Tennessee Valley Authority; payments; change apportioning method....................HB 1034 Title insurance; regulate ..................................................................................................HB 2032 Tollway projects; contract with State Tollway Authority............................................HB 713 Traffic cases; additional assessment; costs for binding over..........................................HB 27 Traffic cases in probate court; repeal certain provision.............................................HB 1645 Trial Judges and Solicitors Retirement; county supplement .......................................SB 546 Uniform county commissioners law; repeal....................................................................HB 722 Vegetative barrier along stream banks; variances by certain entities......................HB 1274 Volunteer legal service agencies; fees in certain counties.............................................SB 627 Voter registration cards; certain reimbursement.........................................................HB 1380 Voter registration; driver's license examiners serve as deputy registrars; additional registration places ...................................................................HB 1496 Voter registration; list of electors; population brackets ................................................SB 796 Waste disposal; public or private services; regulation..................................................HB 419 Water and sewer authorities; system improvement fees............................................HB 1103 Water and sewer systems materials; publish standards................................................SB 119 Water and sewer systems; materials sold by county; requirements.........................HB 1255 Water companies; unpaid charges; limited liens ..............................................................SB 10 Water system services; rates, fees, charges; county set ..............................................HB 1057 Workers' compensation; group self-insurance fund; health benefits pilot projects; approval....................................................................................SB 723 Zoning procedures; certain counties; create separate planning commissions for major communities............................................................................HB 825 Zoning review procedures; change population figures ................................................HB 2045
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Adoption; petition verification; criminal records check..............................................HB 1599 AIDS transmitting crimes; test and disclosure upon indictment................................HB 527 Alternative placement programs for nonviolent youthful offenders; urge support................................................................................................HR 1006 Appeals; child custody cases; inapplicability ..................................................................SB 542 Appeals; damages for frivolous appeal..........................................................................HB 1161 Assistant district attorney; certain judicial circuits; population classification..............................................................................................HB 1567 Assistant district attorney; certain judicial circuits; repeal provisions; population figures.........................................................................HB 1907 Assistant district attorneys; define LL.M. degree..........................................................SB 787 Atlanta Judicial Circuit; assistant district attorneys; salaries...................................HB 1398 Augusta Judicial Circuit; payment of fines.....................................................................SB 817 Augusta Judicial Circuit; payment of fines directly to counties...............................HB 2174 Bad check prosecution; cash bonds; provisions...........................................................HB 1685 Bad checks; prosecution in magistrate courts; citation................................................HB 620 Bail; acceptance; commitment hearing not required.....................................................HB 495 Bail bonds; release of surety; surrender of principal..................................................HB 1706 Bail; delegation of authority to set; exception...............................................................HB 875 Bankruptcy filings; recommendations for processing and adjudication .....................SR 426 Blue Ridge Judicial Circuit; add judge............................................................................SB 364 Brunswick Judicial Circuit; add judge..........................................................................HB 1030 Brunswick Judicial Circuit; add judge.............................................................................SB 314
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INDEX
5961
COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Capital cases; demand for trial; serve prosecutor and judge.....................................HB 1742 Certain funds; deposit in interest-bearing trust accounts..........................................HB 1592 "Certain insanity plea; psychological or psychiatric examination required ...................................................................................................HB 1776 Certain judicial circuit; assistant district attorney; population provisions...................................................................................................HB 1157
Certain judicial circuit; judges' expense allowance; population provisions...................................................................................................HB 1158
Chattahoochee Judicial Circuit; add judge...................................................................HB 1918 Child care expenses; court-ordered reimbursement; include
Department of Human Resources..............................................................................HB 1598 Child custody; interference with visitation rights; define offense ..............................HB 243 Child support determination hearings; prohibit jury trial.........................................HB 1318 Child support receiver; collect court costs and service fees.......................................HB 1687 Child support receivers; collect court costs and service fees.....................................HB 1900 Childhood sexual abuse; definition; limitation of civil actions..................................HB 1968 Children and Youth Coordinating Council; authority to inspect
juvenile records................................................................................................................SB 492 Children; certain cases; provide legal counsel................................................................HB 180 Children in foster care; periodic reviews.........................................................................HB 662 Children in foster care; periodic reviews .........................................................................SB 315 Civil action; injury to minor child; limitation.................................................................SB 305
Civil action; registered or certified mail; filing determined by postmark................................................................................................HB 698
Civil actions; sexual misconduct of psychotherapists; tolling of limitations .................................................................................................................HB 1716
Civil actions; summons; service by mail........................................................................HB 1514 Civil practice; cause of actions outside state; certain dismissal..................................HB 950 Civil practice; certain actions; jurisdiction; venue.......................................................HB 1827 Civil practice; deposition; examination of defendant to action.................................HB 1524 Civil practice; deposition or discovery; sanctions........................................................HB 1424 Civil practice; depositions by telephone..........................................................................HB 729 Civil practice; depositions; plaintiff attend examination ...........................................HB 1218 Civil practice; dismissal of certain actions; time............................................................SB 649 Civil practice; service of process by publication;
certain requirements ....................................................................................................HB 1088 Civil practice; stay of proceedings; certain federal provisions.....................................HB 720 Cobb Judicial Circuit; add judge......................................................................................HB 669 Cobb Judicial Circuit; district attorney, assistants,
investigators; compensation ..........................................................................................HB 960 Cobb Judicial Circuit; judges; supplement......................................................................SB 371 Cockfighting; provide for felony offense.........................................................................HB 871 Common carriers; repeal presumption of negligence..................................................HB 1470 Common-law marriage; proof; certain evidence required.............................................HB 539 Conasauga Judicial Circuit; add judge............................................................................HB 672 Conasauga Judicial Circuit; certain investigators; arrest powers.................................SB 850 Concealed weapons; state court solicitors; authorization to carry............................HB 1120 Constitutional county officers; compensation.................................................................SB 553 Continuances; absence of attorney; General Assembly staff ........................................SB 310 Controlled substances; butane; prohibitions...................................................................HB 511 Controlled substances; forfeitures; proceeds .....................................................................SB 73
Council of Special Court Judges; create..........................................................................HB 162
Counties and municipalities; service of process; authorization.................................HB 1116
County jail fund; provisions for paying over...................................................................SB 164
County jails; funds from fees and forfeited bonds; municipal contract...................HB 1149
County law libraries; board of trustees; membership.................................................HB 1861
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5962
INDEX
COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Courthouses; certain relocation; voter approval...........................................................HB 1204 Crimes; use of force against person forcibly entering habitation..............................HB 1638
- Criminal bonds; certain fees; sheriffs exempt.................................................................SB 246 Criminal cases; probated sentences; amend provisions ..............................................HB 1313 Criminal procedure; jurisdiction and venue; transfer of indictment or accusation...............................................................................................HB 847 Death penalty; eliminate...................................................................................................HB 106 Depositions and other discovery material; filing certificate of service........................................................................................................HB 126 Deprived child; foster care; periodic reviews..................................................................HB 519 District attorneys; employ victim or witness assistance personnel...........................HB 1450 Divorce; additional fee; fund for violence shelters..........................................................HB 24 Divorce petitions; require birth date of petitioner and respondent ............................SB 394 Dougherty Judicial Circuit; add judge; Tallapoosa Judicial Circuit; add judge.........................................................................................................HB 1943 Driver's license suspension; payment of fines.................................................................SB 191 Driving under the influence; additional assessment; compensation for crime victims..............................................................................................................SB 524 Driving under the influence; eliminate nolo contendere plea......................................HB 152 Driving under the influence; first offenders; education/intervention program...................................................................................HB 159 Driving under the influence; fourth through sixth convictions; penalties...........................................................................................................................HB 425 Driving under the influence; ignition interlock device; condition of probation....................................................................................................HB 165 Driving under the influence; ignition interlock device; condition of probation..................................................................................................HB 1122 Driving under the influence; third conviction; treatment..............................................HB 77 Driving under the influence; third or subsequent conviction; increase penalty..........................................................................................HB 364 Driving with suspended license; increase penalty.........................................................HB 300 Driving with suspended license; municipal court; jurisdiction..................................HB 1216 Employees' Retirement; creditable service; certain judicial employees......................SB 445 Enotah Judicial Circuit; create.......................................................................................HB 1288 Evidence; revise Code ...........................................................................................................SB 51 Expert testimony; amend provisions.............................................................................HB 1547 Family violence or protective order violations; arrest without warrant...............................................................................................................HB 298 Felony; trial upon accusations; grand jury indictment...............................................HB 1136 Felony trials; size of jury panel; number of peremptory challenges.........................HB 1710 Filing of court documents by facsimile transmission; urge Supreme Court develop procedures..............................................................................................HR 913 Firearm sales; instant background check; regulations...................................................SB 150 Firearms possession; prohibitions; exempt trial court clerk......................................HB 1569 Flint Judicial Circuit; add judge....................................................................................HB 2094 General Assembly candidates; residency qualifications; jurisdiction........................HB 1690 Georgia Safe Dams Act; certain orders; filing requirements ........................................SB 522 Grand juries; authorization to inspect city buildings and records............................HB 1501 Grand or trial jurors; eligibility to serve again; certain counties..............................HB 1178
Griffin Judicial Circuit; add judge....................................................................................SB 334
Gwinnett Judicial Circuit; add judge ..............................................................................HB 534
Indigent defense; multicounty public defender; create office.......................................SB 545
Joint Study Committee on Fines and Forfeitures and an advisory council; create..................................................................................................HR 347
Joint Study Committee on the Disposition of Fines and Forfeitures in Criminal and Traffic Cases; create.....................................................HR 646
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INDEX
5963
COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Judges' allowances; certain judicial circuits; repeal provisions; population figures.........................................................................................................HB 1909 -Judges' supplement; certain judicial circuits; population classification..................................................................................................................HB 1568 Judicial branch personnel; continuing education; impose fee......................................SB 518 Judicial Nominating Commission; provide.....................................................................HB 299 Judicial vacancies; Judicial Nominating Commission; provide assistance...........................................................................................................HB 116 Juries; English language requirement ..............................................................................SB 504 Juries; equal number of peremptory challenges.............................................................SB 383 Juries; impanel additional grand jurors; district attorney's request .............................SB 85 Juries; list for commercial purposes; prohibit................................................................HB 308 Juries; peremptory challenges; equal number..............................................................HB 1635 Juries; peremptory challenges; equal number..............................................................HB 1797 Juries; Public Safety Department; furnish certain list...................................................HB 21 Juries; unexcused absent juror; judges; contempt power..............................................SB 675 Jury clerk appointment in certain counties; change population figure ......................SB 794 Jury clerk appointment in certain counties; population bracket.................................SB 683 Jury duty; exempt persons 65 or older.........................................................................HB 1213 Jury list compilation; include motor vehicle registrants................................................HB 10 Jury of 12 in civil action; $100,000 or more....................................................................SB 517 Juvenile court; senior judge; create office.......................................................................HB 572 Juvenile court; transferred case; death penalty prohibition........................................HB 155 Juvenile judges practicing law; certain judicial circuits; repeal prohibition.........................................................................................................HB 1357 Juvenile judges practicing law; certain judicial circuits; repeal prohibition.........................................................................................................HB 1358 Juvenile judges practicing law; certain judicial circuits; repeal prohibition.........................................................................................................HB 1473 Juvenile judges practicing law; certain judicial circuits; repeal prohibition.........................................................................................................HB 1884 Juvenile justice services; local provision; incentives ......................................................SB 378 Juvenile proceedings and parental rights; amend Code.............................................HB 1076 Juvenile proceedings; certain records; inspection..........................................................HB 683 Juvenile proceedings; counseling for children and parents; procedures and expenses.............................................................................................HB 1977 Juvenile proceedings; Department of Children and Youth Services; create..............................................................................................................HB 1549 Juvenile proceedings; designated felony; drug trafficking..............................................HB 87 Juvenile proceedings; delinquency hearings; open to public ........................................SB 260 Juvenile proceedings; jurisdiction; prohibit for certain crimes ...................................HB 212 Juvenile proceedings; victim impact statement; criminal procedure; sentencing......................................................................................................SB 644 Law enforcement officer; complaints against; establish criteria .................................HB 854 Lookout Mountain Judicial Circuit; add employees...................................................HB 1084 Lookout Mountain Judicial Circuit; add judge..............................................................HB 354 Magistrate courts; certain fees; increase.........................................................................HB 639 Magistrate courts; filing fees; maximum.......................................................................HB 1848 Mentally retarded person; evaluation team report; time for filing...........................HB 1828 Motor vehicle convictions; electronic reporting...........................................................HB 1121 Multidoor Courthouse Act; enact...................................................................................HB 1338
Municipal courts; certain crimes; jurisdiction; fines.....................................................HB 577
Municipal courts; criminal trespass; certain jurisdiction ...........................................HB 1211
Murder and involuntary manslaughter; direct or indirect causes.............................HB 1560
Murder by vehicle; define offense....................................................................................HB 687
Northeastern Judicial Circuit; add judge........................................................................HB 939
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5964
INDEX
COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Northern Judicial Circuit; add judge.............................................................................HB 1669 Nursing homes; receivership; certain violations..............................................................SB 211
- Ogeechee Judicial Circuit; add judge...............................................................................HB 958 Parks, historic sites, and recreational areas; violations of rules and regulations; probate court jurisdiction ................................................HB 1453 Paternity determination; juvenile court jurisdiction; certain cases...................................................................................................................HB 1072
Peace officers; basic training course; completion ..........................................................HB 631 Periodic Payment of Judgments Act; enact.................................................................HB 1329
Photographs or reproductions; sheriffs; right to make; fees.........................................SB 345 Police officers; witness fees...............................................................................................HB 161
Practice of law; urge Supreme Court reconsider admission rules................................SR 514
Probate court; chief clerk acting as judge; compensation.............................................SB 554 Probate court costs; certain counties; population brackets........................................HB 1678
Probate court judges and magistrates; marriage ceremonies; gratuities..................HB 1166 Probate court judges; nonpartisan election....................................................................HB 211 Probate court judges; nonpartisan election - CA...........................................................HR 102 Probate court judges; nonpartisan election; qualifying...................................................SB 62 Probate court judges; office hours; exception.................................................................SB 291
Probate court; service of minor or incapacitated adult; provisions..........................HB 1621 Probate courts; certain counties; chief clerk perform marriages.................................HB 702
Probate courts; certain counties; chief clerk perform marriages.................................HB 703 Probate courts; certain counties; chief clerk's
qualifications and powers..............................................................................................HB 704
Probate courts; certain misdemeanor cases; jurisdiction............................................HB 1098 Probate courts; certain misdemeanor cases; jurisdiction............................................HB 1099 Probate courts; consolidation of records; automation...................................................HB 529
Probate courts; default judgments; medical insurance; certain guardianships...................................................................................................HB 1238
Probate courts; fees for certain hearings ........................................................................HB 213 Probate courts; schedule of costs in certain counties;
population brackets......................................................................................................HB 1651
Probation supervisors; compensation supplement.........................................................HB 409 Property tax litigation; jurisdiction of superior court; payment
of taxes...........................................................................................................................HB 1957
Property; tenant set aside dispossessory default.........................................................HB 1079 Prosecution of felony; victim under age 14; remove limitation...................................HB 571 Rockdale Judicial Circuit; add judge................................................................................SB 127
Seat belts; failure to use; additional violations..............................................................HB 282 Seat belts; failure to use; additional violations...............................................................SB 395 Self-proved will; testator and witnesses; affidavits.......................................................HB 556
Sentence review panel; repeal certain provisions............................................................HB 83 Sheriffs; duties in certain counties; population brackets..............................................SB 804 Sheriffs; fees; clerks' recording fees..................................................................................SB 496
Sheriffs in certain counties; authority to deposit certain funds; change population figure.............................................................................................HB 2054
Sheriffs; qualifications; amend provisions....................................................................HB 1613
Simple battery against police officer or law enforcement dog; penalty......................SB 255 Simple battery in courtroom; define offense................................................................HB 1863
South Georgia Judicial Circuit; add judge......................................................................HB 345 Southern Judicial Circuit; add judge................................................................................SB 776
Special judicial circuits; investigative grand juries, trial juries, courts, and personnel - CA................................................................................HR 260
Special judicial circuits; investigative grand juries, trial juries, courts, and personnel - CA..........................................................................SR 70
State and local government; public officials; stationery contain phone number...................................................................................................HB 955
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INDEX
5965
COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) State contracts; prohibitions; person, firm, or corporation convicted of discrimination...........................................................................................HB 304 State court judge; residency requirement........................................................................SB 486 State courts of counties; furnish services to certain municipalities .........................HB 1362 Stenographer at grand jury proceedings; certain counties; change population figure.............................................................................................HB 2144 Stone Mountain Judicial Circuit; add judge...................................................................SB 301 Stone Mountain Judicial Circuit; superior court judges; supplement......................HB 2082 Superior court clerk; qualifications; minimum age.....................................................HB 1950 Superior court clerks; fees in certain counties; population classification.....................................................................................................................SB 317 Superior court clerks; fees in certain counties; population classification.....................................................................................................................SB 318 Superior court; closed circuit television criminal hearings; judges implement............................................................................................................HB 878 Superior court judges; appointment................................................................................HB 239 Superior court judges; election...........................................................................................HB 99 Superior court judges; Governor appoint - CA................................................................HR 37 Superior court judges; residency requirement - CA........................................................HR 75 Superior court judges; terms of office - CA......................................................................HR 77 Superior court judges; urge single-member districts and abolition of majority vote.............................................................................................................HR 1135 Superior court reporters emeritus; senior court reporter.............................................HB 839 Superior court; request senior judge; consent of counsel.............................................HB 680 Superior court; single-member districts; residency requirements.................................HB 98 Theft; misappropriation of trade secrets.........................................................................SB 320 Traffic cases; additional assessment; costs for binding over..........................................HB 27 Traffic cases in probate court; certain counties; repeal certain provision ...........................................................................................................HB 1645 Trial Judges and Solicitors Retirement; senior judges and district attorneys emeritus; appointment; powers.....................................................HB 900 Trial jurors; certain rights and authority; court inform.............................................HB 1788 Truthful reports from certain persons; privileged communications............................SB 285 Warrants; filing of complaints; not guilty by reason of insanity plea; examination .............................................................................................SB 473 Western Judicial Circuit; add judge..............................................................................HB 1784 Witness fees; pay certain law enforcement officers.....................................................HB 1830 "Workshops to Prepare Court Futures in Georgia"; commend................................HR 1089 Youth development centers; decision making; provisions..........................................HB 1075
COUSINS FAMILY 22ND ANNUAL REUNION; commend ............................HR 1126
COWETA COUNTY Board of commissioners; compensation.........................................................................HB 2108 Board of commissioners; deputy clerk and treasurer..................................................HB 1764 Board of commissioners; repeal certain amendment..................................................HB 1766 Board of education; reapportion districts.....................................................................HB 1839 Commissioner districts; reapportion..............................................................................HB 1765
COX, GEORGE LOVETT; commend..............................................................................HR 832
COX, PAMELA; commend.................................................................................................HR 662
CRAWFORD COUNTY Board of commissioners; reapportion districts.............................................................HB 2031 Board of commissioners; reapportion districts.............................................................HB 2059 Board of commissioners; regulate use of sludge ..........................................................HB 2176 Board of education; compensation.................................................................................HB 2175
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5966
INDEX
CRIMES AND OFFENSES (CRIMINAL CODE) Abandoned motor vehicle; prohibit access by child....................................................HB 1373 Abortions; advertisements; include physicians' names and degrees .........................HB 1064
- Abortions; fetal anesthesia................................................................................................HB 767 Abortions; informed consent...........................................................................................HB 1062 Aggravated animal abuse of dogs or cats; penalty .........................................................SB 772 AIDS transmitting crimes; test and disclosure upon indictment................................HB 527 Ammunition for firearm; selling to person under age 16; prohibit.............................HB 859 Anatomical gifts; amend provisions...............................................................................HB 1929 Bad checks; present consideration; define.......................................................................SB 131 Bad checks; prosecution by subsequent holder.............................................................HB 151 Bad checks; prosecution; cash bonds; provisions.........................................................HB 1685 Bad checks; prosecution in magistrate courts; citation................................................HB 620 Bribery; exclusions from definition of offense.............................................................HB 1855 Bribery; redefine offense .................................................................................................HB 1113 Carrying deadly weapon at school or school function; penalty .................................HB 1755 Casino gambling; provide - CA...........................................................................................HR 24 Child; born or unborn; unlawful to sell...........................................................................HB 458 Child custody; interference with visitation rights; define offense..............................HB 243 Cockfighting; provide for felony offense.........................................................................HB 871 Concealed weapons; state court solicitors; authorization to carry ............................HB 1120 Controlled or counterfeit substances; trafficking near playground or housing project; penalties..................................................................HB 1779 Controlled substances and dangerous drugs; amend list............................................HB 1342 Controlled substances; butane; prohibitions...................................................................HB 511 Controlled substances; certain violations; prohibit first offender status.................................................................................................................HB 253
Controlled substances; counterfeit substances within 1000 feet of school; felony...............................................................................................................SB 676
Controlled substances; distribution to unborn child; prohibit prosecution.....................................................................................................HB 1152
Controlled substances; forfeitures; proceeds ..................................................................HB 249 Controlled substances; forfeitures; proceeds.....................................................................SB 73 Controlled substances; forfeitures; proceeds ...................................................................SB 569
Controlled substances; offense by law enforcement officer or prison guard; felony...................................................................................................HB 242
Controlled substances or marijuana; trafficking; penalty...........................................HB 1480 Controlled substances or marijuana; using minors to manufacture
or distribute; penalty ......................................................................................................SB 593 Crimes against children; certain records; closed to public.........................................HB 1009 Criminal solicitation; increase penalty............................................................................HB 331 Cruelty to animals; define offense .................................................................................HB 1691 DNA data bank for sexual offenders; provisions............................................................SB 594 Dog and cat abuse; prohibit; penalties............................................................................HB 618 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Domestic violence cases; spouse compelled to testify...................................................HB 447 Domestic violence; specialized training for peace officers............................................HB 444 Driver's license or identification card; retroreflective
finish; prohibit alteration..............................................................................................HB 786 Drug-free recreation or residential zones; provisions.....................................................SB 592 Enticing child for indecent purposes; penalties...........................................................HB 1185
False or facsimile bombs; prohibitions............................................................................HB 107
Family violence or protective order violations; arrest without warrant...............................................................................................................HB 298
Firearm sales; instant background check; regulations...................................................SB 150
Firearms; license to carry; amend provisions....................................................................SB 45
Firearms; peace officer provisions; amend.........................................................................SB 53
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INDEX
5967
CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Firearms possession; prohibitions; exempt trial court clerk ......................................HB 1569 Firearms possession; those prohibited; identification method ....................................HB 640 Firearms; regulation by state; exclusions............................................................'............HB 375 Firearms; storage in locked container..............................................................................HB 277 Firearms; storage in locked container............................................................................HB 1154 Fraudulent receipt of rental property; define offense ................................................HB 1474 Horse racing; provide for pari-mutuel wagering - CA....................................................HR 22 Hydromorphone oral tablets; prohibit oral prescription..............................................HB 137 Incest; limitation on prosecutions......................................................................................HB 28 Jails and other detention facilities; escape; felony offense..........................................HB 566 Litter control; amend provisions....................................................................................HB 1181 Lotteries; delete prohibitions; provide for nonprofit lottery - CA..............................HR 226 Lotteries; repeal prohibitions - CA....................................................................................HR 35
Lottery materials and equipment; manufacture for use outside state; authorization..........................................................................................................SB 475
Lottery materials and equipment; out-of-state sales; number of free replays....................................................................................................................HB 50
Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact.........................................................................................................................HB 836
Motor vehicle insurance; comprehensive revision..........................................................HB 314 Motor vehicle theft; sentence; special alternative
incarceration or boot camp............................................................................................SB 350
Motor vehicles; abandoned or unattended; require easy opening from inside.....................................................................................................................HB 1156
Municipal courts; certain crimes; jurisdiction; fines.....................................................HB 577 Murder and involuntary manslaughter; direct or indirect causes.............................HB 1560 Offenses of fornication and adultery; repeal; define adultery.....................................HB 846 Pistol or revolver; license to carry; five-hour training..................................................HB 460 Pistols and revolvers; sales by dealer; required procedure ..........................................HB 278 Property exchanged for criminally derived funds; unlawful transaction...................HB 324 Prosecution of felony; victim under age 14; remove limitation...................................HB 571 Public employee; certain final conviction; ineligible for office....................................HB 255 Railroads; interfering with communication or signal wires;
define offense ................................................................................................................HB 1546 Sexual assault against persons under psychotherapeutic care;
define offense ................................................................................................................HB 1523 Simple and aggravated AIDS battery; provide for offenses;
penalties...........................................................................................................................HB 910 Simple assault or simple battery against a sports official;
define offenses...............................................................................................................HB 1994 Simple battery against police officer or law enforcement dog; penalty......................SB 255 Simple battery in courtroom; define offense ................................................................HB 1863 Smoking; amend provisions...............................................................................................HB 728 Smoking in food establishments; prohibitions...............................................................HB 432 Sodomy and aggravated sodomy; change description of offenses.................................HB 56 Sodomy, fornication, adultery; repeal certain provisions...........................................HB 1781 Sodomy; repeal certain provisions ...................................................................................HB 385 Stalking; definition; penalties.........................................................................................HB 2120 State lottery for education construction trust fund; provide - CA.............................HR 181 State lottery; indigent care and educational purposes - CA..........................................HR 36
State lottery; provide for educational purposes - CA.....................................................HR 34
State lottery; provisions.....................................................................................................HB 780
Street Gang Terrorism and Prevention Act; enact........................................................SB 735
Superior court; closed circuit television criminal hearings; judges implement............................................................................................................HB 878
Theft by extortion against elderly; penalty.....................................................................SB 526
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5968
INDEX
CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Theft by receiving stolen property; exclude certain ticket purchases......................HB 1589 Theft hy shoplifting; sentencing provision; clarification ...............................................SB 635
- Theft; misappropriation of trade secrets.........................................................................SB 320 Therapeutic sexual battery; define offense...................................................................HB 1141 Trafficking in cocaine, illegal drugs, or marijuana; penalty ......................................HB 1917 Trafficking in marijuana; penalty......................................................................................HB 86 Trafficking in methamphetamine; penalty provisions...................................................SB 834 Transit tokens, cards, coins, or similar articles; alterations; prohibitions....................................................................................................................HB 1471 Use of force against person forcibly entering habitation...........................................HB 1638 Weapons or explosives; prohibit at school and on bus..................................................SB 563
CRIMINAL JUSTICE Compensation of crime victims; Coordinating Council serve as Crime Victims Compensation Board............................................................................SB 751 Complaint forms; identification of student and name of school...............................HB 1296 Coordinating Council; add member...............................................................................HB 1641 Evidence; Georgia Bureau of Investigation; written scientific reports ................................................................................................................SB 59 Indigent defense; capital cases; expenses and attorneys' fees...................................HB 1291 Indigent defense; multicounty public defender; create office.......................................SB 545 Joint Study Committee on Indigent Defense; create.....................................................SR 439 Penal institutions; uniform drug testing; provisions...................................................HB 1066
CRIMINAL PROCEDURE AIDS transmitting crimes; test and disclosure upon indictment................................HB 527 Bail; acceptance; commitment hearing not required.....................................................HB 495 Bail bonds; release of surety; surrender of principal..................................................HB 1706 Bail; delegation of authority to set; exception...............................................................HB 875 Bonds and recognizances; surety on bail bonds; certain persons..............................HB 2014 Capital cases; demand for trial; serve prosecutor and judge.....................................HB 1742 Certain insanity plea; psychological or psychiatric examination required...................................................................................................HB 1776 Child; born or unborn; unlawful to sell...........................................................................HB 458 Compensation of crime victims; Criminal Justice Coordinating Council serve as Crime Victims Compensation Board..............................................SB 751 Crime of incest; limitation on prosecutions......................................................................HB 28 Crimes against children; certain records; closed to public.........................................HB 1009 Criminal Justice Coordinating Council; add member.................................................HB 1641 Death penalty; eliminate ...................................................................................................HB 106 Death penalty; murder committed with firearm .........................................................HB 1488 Death penalty; televise executions...................................................................................HB 110 Demand for trial; serve assigned judge.........................................................................HB 1715 Department of Children and Youth Services; create..................................................HB 1549 Disclosure of evidence; exceptions.................................................................................HB 1782 Discovery; witness statement............................................................................................HB 714 Disposition of property; forfeiture of firearms; certain offenses...............................HB 1446 Driving under the influence; additional assessment; compensation for crime victims..............................................................................................................SB 524 Driving under the influence conviction; appeal bond; discretionary........................HB 1584 Driving under the influence; prohibit nolo contendere plea......................................HB 1267 Evidence; Georgia Bureau of Investigation; written scientific reports ................................................................................................................SB 59 Family violence; amend provisions...................................................................................SB 572 Family violence; law enforcement officers; reports and training..............................HB 1763 Family violence or protective order violations; arrest without warrant...............................................................................................................HB 298
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INDEX
5969
CRIMINAL PROCEDURE (Continued) Felony; trial upon accusations; grand jury indictment...............................................HB 1136 Felony trials; size of jury panel; number of peremptory challenges.........................HB 1710 -Georgia Crime Information Center; criminal history records; availability to county registrars....................................................................................HB 207 House Disparity in Sentencing and Sentencing Reform Study Committee; create...............................................................................................HR 115 House Sentencing Guidelines Study Committee; create ................................................HR 11 Indigent defense; capital cases; expenses and attorneys' fees...................................HB 1291 Indigent defense; multicounty public defender; create office.......................................SB 545 Insurance violations; penalties and fines; revise provisions.......................................HB 1345 Joint Study Committee on Indigent Defense; create.....................................................SR 439 Joint Study Committee on the Disposition of Fines and Forfeitures in Criminal and Traffic Cases; create.....................................................HR 646 Juries; equal number of peremptory challenges.............................................................SB 383 Jurisdiction and venue; transfer of indictment or accusation.....................................HB 847 Juvenile proceedings; prohibit for certain crimes..........................................................HB 212 Limitations on prosecution tolled for certain offenses; victim under age 16........................................................................................................HB 240 Motor vehicle insurance; comprehensive revision..........................................................HB 314 Motor vehicle theft; sentence; special alternative incarceration or boot camp............................................................................................SB 350 Offenses bailable only before superior courts; provisions.............................................SB 388 Presentence hearing; victim impact statement............................................................HB 1664 Probated sentences; amend provisions..........................................................................HB 1313 Prosecution of felony; victim under age 14; remove limitation...................................HB 571 Restitution unclaimed after seven years; disposition..................................................HB 1721 Searches with warrants; destruction of property; liability.........................................HB 1749 Sentence review panel; repeal certain provisions ............................................................HB 83 Sentencing; probation; amend provisions.....................................................................HB 1607 Superior court; closed circuit television criminal hearings; judges implement............................................................................................................HB 878 Trial jurors; certain rights and authority; court inform.............................................HB 1788 Victim impact statement; sentencing...............................................................................SB 644 Warrants; filing of complaints; not guilty by reason of insanity plea; examination .............................................................................................SB 473
CRISP COUNTY Grant easement....................................................................................................................SR 417 Magistrate court; law library fees ..................................................................................HB 1695 Tax commissioner; compensation...................................................................................HB 2079
CROSS, K. GORDON; commend...................................................................................HR 1223
CROSS, NATHANIEL; commend.................................................................................HR 1218
CROW, THOMAS BRIAN; commend............................................................................HR 696
CRUMP, PATIA SHERAL; commend ..........................................................................HR 709
CUMMING, CITY OF; Cumming-Forsyth County Charter Commission; create ..HB 2062
CUMMINGS, HONORABLE BILL; committee assignment....................................Page 11
CUMMINGS, RUBY MAE; commend...........................................................................HR 922
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5970
INDEX
D
DADE COUNTY; board of commissioners; districts..................................,,...............HB 2172
DANIELS, CHARLIE; commend................................................................................HR 66EX
DASHER, CITY OF; new charter..................................................................................HB 1316
DAVIDSON, TARA JOYNER; compensate.................................................................HR 677
DAVIS, DR. AND MRS. HENRY GORDON, JR.; commend..............................HR 1254
DAVIS, HONORABLE DOCK H. Committee assignments.......................................................................................................Page 7 Oath of office........................................................................................................................Page 7
DAVIS, SANDRA K.; compensate..................................................................................HR 879
DAWSON, CITY OF; compensation of certain officials; repeal; population figures...................................................................................................SB 758
DAWSON COUNTY Board of Commissioners Study Commission; create...................................................HB 2173 Board of education; districts...........................................................................................HB 2096
DAY CARE Centers; employees' records checks; National Crime Information Center..............HB 2018 Schools; programs for children; other than school hours...........................................HB 1356
DEATH PENALTY Capital cases; demand for trial; serve prosecutor and judge.....................................HB 1742 Criminal procedure; indigent defense; expenses and attorneys' fees .......................HB 1291 Criminal procedure; presentence hearing; victim impact statement........................HB 1664 Eliminate..............................................................................................................................HB 106 Felony trials; size of jury panel; number of peremptory challenges.........................HB 1710 Juvenile court; transferred case; prohibition..................................................................HB 155 Murder committed with firearm....................................................................................HB 1488 Televise executions.............................................................................................................HB 110
DEBTOR AND CREDITOR Advertising; debt relief; include term bankruptcy.........................................................SB 582 Insurance; credit life and credit accident and sickness; investigate applications................................................................................................HB 1237 State and political subdivisions; garnishments; charges for answering......................HB 384
DECATUR, CITY OF Municipal ad valorem taxes; county or municipal assessment; population figures.........................................................................................................HB 2034 Property valuation; county and municipal assessments; municipal ad valorem tax...............................................................................................................HB 1795
DECATUR COUNTY Development authorities; joint boards of directors; assumption of powers...................................................................................................HB 1733 Probate court; schedule of costs; population brackets................................................HB 1651
DEEDS; property to secure debt; title reversion; change time...................................HB 1586
DEES, MRS. WILLIE JO; commend.............................................................................HR 871
DEFENSE, DEPARTMENT OF Income tax return; active military duty; extend time for filing..................................HB 600 Operation Desert Storm; multinational coalition; appreciation...................................SR 133
DEKALB COUNTY Ad valorem tax; certain municipalities; limit millage rate.........................................HB 2134
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INDEX
5971
DEKALB COUNTY (Continued) Additional equalization boards; create..........................................................................HB 1114 Alcoholic beverages; Sunday sales at festivals................................................................SB 728 Annexation; restriction of rezoning; population figures................................................SB 748 Board of commissioners; reapportion............................................................................HB 1577 Board of education; certain vacancy; population brackets ...........................................SB 741 Board of education; operation of schools; population figures ......................................SB 742 Board of education; reapportion ....................................................................................HB 1673 Board of ethics; expanded jurisdiction.............................................................................SB 559 Board of health; implement injury prevention measures...........................................HB 1817 Boards of equalization; change population figures......................................................HB 2041 Branch banks; counties adjacent to parent bank; revise population figure...............................................................................................--....--.....SB 839 Campus defined; population figures.................................................................................SB 749 Certain alcoholic beverage sales; prohibitions; population brackets ........................HB 2015 Certain counties; bond elections; provisions...................................................................HB 498 City of DeKalb Study Commission; additional members ........................................HB 34EX Convey property.................................................................................................................. SR 407 County administrator; appointment by probate judge; population figure .................SB 753 County manager; authorization; population figures.......................................................SB 743 DeKalb Ad Valorem Tax Survey Commission; create............----.----.....................HB 2169 Deputy county registrars; appointment; population brackets......................................SB 832 Deputy registrars; change population figure...................................................................SB 802
Division of Mental Health, Mental Retardation, and Substance Abuse; commend.........................................................................................................HR 41EX
Elections; ballots include certain candidate's chief deputy; poll officers' compensation..........................................................................................HB 2057
Flood loss relief; urge board of commissioners to implement program...................HR 1161 Grand or trial jurors; eligibility to serve again............................................................HB 1178 Homestead exemption; age 65........................................................................................HB 1778 Homestead exemption; certain residents......................................................................HB 2148 Homestead exemption; certain residents......................................................................HB 2149 Homestead exemption; certain residents......................................................................HB 2151 Homestead exemption; certain residents......................................................................HB 2163 Homestead exemption; certain war widows.....................................................................SB 668 Homestead exemption; increase.....................................................................................HB 1044 Homestead exemption; school taxes; certain war widows.............................................SB 667 Intangible recording tax; commission for collection; change
population figures.........................................................................................................HB 2043 Joint city-county boards of equalization; create..........................................................HB 1653 Joint city-county boards of tax assessors; repeal certain Acts..................................HB 1537 Legal advertisements; change population figure.............................................................SB 808 Legal advertisements; publication..................................................................................HB 1952 Municipal ad valorem taxes; change population figure.................................................SB 793 Municipal ad valorem taxes; county or municipal assessment;
population figures.........................................................................................................HB 2034 Municipal list of electors; purging; population figures..................................................SB 754 Municipal voter registration list; population brackets ..................................................SB 740 Office of county treasurer; repeal Act abolishing...........................................................SB 739 Ordinance violations; penalties.......................................................................................HB 1517 Property condemnation; assessors' costs; change population figures .......................HB 2044
Property valuation; county and municipal assessments; municipal ad valorem tax............................................................................................HB 1795
School district; homestead exemption; elderly.............................................................HB 1041
School taxes; retainage by tax collector; population brackets......................................SB 803
Sheriff; authority to deposit certain funds; change population figure.--.................HB 2054
Sheriffs duties; population brackets................................................................................SB 804
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5972
INDEX
DEKALB COUNTY (Continued) Superior court clerks; fees; population classification.....................................................SB 318 Voter registration; list of electors; population brackets ................................................SB 796 Zoning review procedures; change population figures ................................................HB 2045
DEKALB MEDICAL SOCIETY, AUXILIARY TO; commend............................HR 795
DELANEY, REVEREND HENRY; commend........................................................HR 60EX
DELLIBOVI, ALFRED; Deputy Secretary of Department of Housing and Urban Development; invite to House......................................................HR 784
DELTA AIR LINES; flights between Atlanta and Savannah; urge lower fares..HR 64EX
DELTA SIGMA THETA SORORITY; invite to House ...........................................HR 675
DENT, MR. ERASMUS; commend..............................................................................HR 1278
DENT, MRS. CAREY; commend ..................................................................................HR 1277
DENTISTS AND DENTAL HYGIENISTS Accident and sickness insurance; certain disorders; include coverage .....................HB 1854 Dentistry; practicing without license; penalty ................................................................SB 159 Dentists; continuing education.........................................................................................HB 267 Denturist Practice Act; enact.........................................................................................HB 1875
DEPARTMENT OF CORRECTIONS (See Penal Institutions)
DESERT STORM MONUMENT COMMISSION; create.....................................HR 414
DEVELOPMENT AUTHORITIES Certain counties; population classification...................................................................HB 1231 Downtown; amend provisions.........................................................................................HB 1102 Number of directors...........................................................................................................HB 666
DISABLED PERSONS (See Handicapped Persons)
DISMUKE, FREDERICK WYNNE; condolences......................................................HR 868
DISTRICT ATTORNEYS Assistant; certain judicial circuits; population classification.....................................HB 1567 Assistant; certain judicial circuits; population provisions..........................................HB 1157 Assistant; certain judicial circuits; repeal provisions; population figures.........................................................................................................HB 1907 Assistant; define LL.M. degree..........................................................................................SB 787 Child support enforcement; representation..................................................................HB 1815 Employees' Retirement; certain attorneys and employees; membership.....................................................................................................................HB 742 Employees' Retirement; certain employees....................................................................HB 270 Health insurance; benefits for certain personnel...........................................................HB 194 Judges; former district attorneys; retain membership in District Attorneys' Retirement System.......................................................................HB 801 Juries; impanel additional grand jurors; district attorney's request .............................SB 85 Retirement; district attorneys emeritus; spouses' benefits..........................................HB 551 Retirement; membership...................................................................................................HB 184 Superior court; request senior judge; consent of counsel.............................................HB 680 Trial Judges and Solicitors Retirement; senior judges or district attorneys emeritus; appointment; powers.....................................................HB 900 Victim or witness assistance personnel; employ..........................................................HB 1450
DISTRICT 17 OF THE UNITED STATES POWER SQUADRON DAY; designate March 20, 1992.........................................................HR 1077
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INDEX
5973
DIVORCE (See Domestic Relations)
DODD, PROFESSOR EMERITUS LAMAR; commend.........................................HR 867
DOGS Aggravated animal abuse of dogs or cats; penalty .........................................................SB 772 Dog and cat abuse; prohibit; penalties............................................................................HB 618 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Pet dealers and kennel, stable, and animal shelter operators; license fees.....................................................................................................................HB 1201 Rabies control; procedures; inoculation of felines..........................................................SB 602 Racing; authorize pari-mutuel wagering............................................................................HB 54 Simple battery against law enforcement dog or police officer; penalty ......................SB 255
DOLLAR, ALVIN;commend..........................................................................................HR 1275
DOMESTIC RELATIONS Adoption; petition verification; criminal records check..............................................HB 1599 At-risk children and youth; establish goals.....................................................................SB 104 Child; born or unborn; unlawful to sell...........................................................................HB 458 Child custody; age at which a child chooses custodial parent.....................................HB 405 Child custody; agreement between parents; final judgment......................................HB 1528 Child custody; best interest of child; provide criteria ...................................................SB 210 Child custody; certain change of residence; notification ..............................................HB 896 Child custody; certain change of residence; notification ..............................................HB 897 Child custody; interference with visitation rights; define offense ..............................HB 243 Child custody; modification of visitation rights; residence outside state...................................................................................................................HB 1376 Child custody; revise provisions .......................................................................................HB 445 Child support; accident and sickness insurance; coverage.........................................HB 1383 Child support awards; change method of computation................................................HB 816 Child support; certain assistance past age of majority..................................................SB 360 Child support; continuation past age of majority........................................................HB 1519 Child support determination hearings; prohibit jury trial.........................................HB 1318 Child support enforcement; district attorney; representation...................................HB 1815 Child support; health insurance; payroll deduction....................................................HB 1276 Child support; over age 18; high school enrollment....................................................HB 1013 Child support; paternity; putative father registry .......................................................HB 1277 Child support receiver; collect court costs and service fees.......................................HB 1687 Child support receiver; collect court costs and service fees.......................................HB 1900 Child support recovery; amend provisions......................................................................HB 426 Child support recovery; amend provisions....................................................................HB 1384 Common-law marriage; proof; certain evidence required.............................................HB 539 Custodial parent; change of residence; notify noncustodial parent..........................HB 1814 Death of parent; child age 14 or older select custodial relative..................................HB 692 Divorce; additional fee; fund for domestic violence shelters.........................................HB 24 Divorce petitions; require birth date of petitioner and respondent ............................SB 394 Domestic violence cases; spouse compelled to testify...................................................HB 447 Domestic violence; specialized training for peace officers............................................HB 444 Family violence; amend provisions...................................................................................SB 572 Family violence or protective order violations; arrest without warrant.....................HB 298 Georgia At-risk Children, Youth, and Family Services Inventory; relative to.........................................................................................................................HR 948 Grandparent visitation rights; determining factors........................................................SB 759 Grandparent visitation rights; ex-affines grandparents..............................................HB 1856 Grandparent visitation rights; prohibitions....................................................................HB 796 Joint Study Committee for the Well-being of Georgia's Children; create ................HR 333 Juvenile proceedings and parental rights; amend Code .............................................HB 1076 Marriage ceremonies; judge performing; gratuities........................................................SB 495
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5974
INDEX
DOMESTIC RELATIONS (Continued) Marriage license; require HIV testing...........................................................................HB 1246 Marriage licenses; amend provisions .............................................................................HB 1822 Modification of alimony or child support; nonresident jurisdiction...........................HB 806
^Offenses of fornication and adultery; repeal; define adultery.....................................HB 846 Paternity determination; father's written statement.....................................................SB 565 Paternity determination; juvenile court jurisdiction; certain cases..........................HB 1072 Probate court judges and magistrates; marriage ceremonies; gratuities..................HB 1166 Probate courts; certain counties; chief clerk perform marriages.................................HB 702 Probate courts; certain counties; chief clerk perform marriages.................................HB 703 Sodomy, fornication, adultery; repeal certain provisions...........................................HB 1781 State budget; items affecting children; budget unit heads; submit separate children, youth, and families budget............................................HB 1798 State Commission on Family Violence; create................................................................SB 703
DOOLY COUNTY Board of commissioners; districts..................................................................................HB 2080 Board of education; districts...........................................................................................HB 2078
DOSTER, SIMUEL F. (PETE); commend.................................................................HR 1148
DOUGHERTY COUNTY Board of commissioners; districts ..................................................................................HB 2110 Board of education; districts...........................................................................................HB 2111 Department of Family and Children Services; Division of Youth Services, Division of Mental Health, and Division of Special Education Services; commend..................................................................................HR 42EX Magistrate court; add magistrates ...............................................................................HB 15EX
DOUGHERTY JUDICIAL CIRCUIT; add judge....................................................HB 1943
DOUGLAS, CITY OF; city commissioner; term..........................................................HB 1973
DOUGLAS COUNTY Board of commissioners; districts ..................................................................................HB 1920 Board of education; districts...........................................................................................HB 1921 Certain community improvement districts; activate...................................................HB 2087 Community improvement districts; amend provisions...............................................HB 9EX Department of Family and Children Services; commend........................................HR 45EX Division of Youth Services; commend.........................................................................HR 46EX Douglasville-Douglas County Water and Sewer Authority; powers..........................HB 2086
DOUGLASVILLE, CITY OF; Douglasville-Douglas County Water and Sewer Authority; powers..............................................................................HB 2086
DRIVER'S LICENSE Age restrictions .................................................................................................................HB 1139 Age 18 years or under; education requirements ..............................................................HB 23 Alcohol and drug courses; fee...........................................................................................HB 164 Alcohol and drug education course; fees.........................................................................HB 147 Alcoholic beverages; possession by persons under age 21; driver's license suspension; DUI Alcohol or Drug Use Risk Reduction Program...............HB 150 Certain driver's licenses and identification cards; retroreflective finish.......................................................................................................HB 786 Certain traffic offenses; persons under age 18; suspend driver's license until 18..................................................................................................HB 868 Commercial; time for obtaining; urge extension..........................................................HR 1170 Controlled substances or marijuana; misdemeanor possession conviction; suspension.....................................................................................................SB 290
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INDEX
5975
DRIVER'S LICENSE (Continued) Driving under the influence; first offenders; education/intervention program...................................................................................HB 159
Driving under the influence; ignition interlock device; condition of probation....................................................................................................HB 165
Driving under the influence; ignition interlock device; condition of probation..................................................................................................HB 1122
Driving under the influence; implied consent.................................................................SB 528 Driving under the influence; marked driver's license
and bumper sticker.........................................................................................................HB 530 Driving with suspended license; increase penalty.........................................................HB 163 Driving with suspended license; increase penalty.........................................................HB 300 Driving with suspended license; municipal court; jurisdiction ..................................HB 1216 DUI alcohol or drug use risk reduction programs.........................................................HB 297 DUI alcohol or drug use risk reduction programs; instructors;
criminal records checks..................................................................................................HB 358 Examiners; deputies to certain boards of registrars......................................................HB 473
Federal Commercial Motor Vehicle Safety Act of 1986; urge exemption of local government drivers.......................................................................HR 947
Fees; amend provisions....................................................................................................HB 1145 Firearms possession; those prohibited; identification method ....................................HB 640 Habitual impaired driving offense; probationary license;
endangering a child by driving under the influence..................................................SB 487 Highlighted birthdate; renewal by mail........................................................................HB 1868 House Driver's License Sanctions and Auto Insurance Study
Committee; create...........................................................................................................HR 235 Migrant farm workers; exemption..................................................................................HB 1138 Motor vehicle convictions; electronic reporting...........................................................HB 1121 Motor vehicle insurance cancellation; second offense; suspension ...........................HB 2117 Motor vehicle insurance; prohibit surcharge; driver clinic attendance ....................HB 1760 Motor vehicle theft prevention program; establish.......................................................HB 807 Motor vehicles; amend Code.............................................................................................HB 245 Motor vehicles; amend provisions....................................................................................HB 494 Motor vehicles; amend provisions.....................................................................................SB 505 Motor vehicles; unlawful passing of school bus; penalties.........................................HB 2118 Murder by vehicle; define offense....................................................................................HB 687 Parent's signature; subsequent application..................................................................HB 1590 Personal identification card for mentally retarded persons.......................................HB 1937 Reinstatement; certain courses; out-of-state certificate .............................................HB 1508 Renewal by mail; limitations ..........................................................................................HB 1222 Restoration; certain clinics; restrict solicitations.........................................................HB 1582 Restoration; certain course completion; points reduction.............................................SB 579 Serious offender status; provisions ................................................................................HB 1938 Suspension; certain course completion for reinstatement.............................................SB 596 Suspension; change provisions and penalties..................................................................SB 274 Suspension; driving under the influence; amend provisions.........................................SB 489 Suspension; driving under the influence; amend provisions.........................................SB 665 Suspension; exemption of application fee.....................................................................HB 1462 Suspension; payment of fines ............................................................................................SB 191 Suspension; refusing chemical test; certain traffic
accident; definition.........................................................................................................HB 451
Suspension; reinstatement.................................................................................................HB 840
Suspension; repeal certain provisions; driving under the influence; nolo contendere plea.....................................................................................SB 478
Traffic violations; driver improvement program.........................................................HB 1275
Veterans; qualifications ........................................................................................................SB 69
Veterans; qualifications ......................................................................................................SB 199
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5976
INDEX
DRIVER'S LICENSE (Continued) Veterans; requirements; clarification................................................................................SB 555 Vision standards...................................................................................................................,SR 81 Voter registration; driver's license examiners serve as deputy registrars; additional registration places...................................................................HB 1496
DRIVING UNDER THE INFLUENCE Additional assessment; compensation for crime victims...............................................SB 524 Additional penalties...............................................7...........................................................HB 115 Alcohol and drug education course; fees.........................................................................HB 147 Alcohol concentration level.................................................................................................HB 64 Alcohol concentration level.................................................................................................HB 75 Alcohol concentration level ...............................................................................................HB 363 Alcohol concentration level................................................................................................SB 113 Alcoholic beverages; open container while driving or passenger; prohlbit.............................................................................................................................HB 254 Alcoholic beverages; open container while driving or passenger; prohibit.............................................................................................................................HB 651 Alcoholic beverages; open containers while driving; prohibitions..................................SB 52 Alcoholic beverages; possession by persons under age 21; driver's license suspension; DUI Alcohol or Drug Use Risk Reduction Program...............HB 150 Appeal bond; discretionary.............................................................................................HB 1584 Boats and personal watercraft; regulate operation.........................................................SB 474 Certain traffic offenses; persons under age 18; suspend driver's license until 18..................................................................................................HB 868 Defendant's record of traffic offenses; attach to judge's sentence ..............................SB 664 Driver's license reinstatement; certain courses; out-of-state certificate..................................................................................................HB 1508 Driver's license restoration; certain clinics; restrict solicitations..............................HB 1582 Driver's license restoration; certain course completion; points reduction...............................................................................................................SB 579 Driver's license suspension; amend provisions................................................................SB 489 Driver's license suspension; amend provisions................................................................SB 665 Driver's license suspension; certain course completion for reinstatement .............................................................................................................SB 596 Driver's license suspension; change provisions and penalties.......................................SB 274 Driver's license suspension; refusing chemical test; certain traffic accident; definition.............................................................................................HB 451 Driver's license suspension; reinstatement .....................................................................HB 840 Drivers' licenses; implied consent.....................................................................................SB 528 Drivers' licenses; serious offender status; provisions ..................................................HB 1938 DUI alcohol or drug use risk reduction programs.........................................................HB 297 DUI alcohol or drug use risk reduction programs; instructors; criminal records checks..................................................................................................HB 358 Eliminate nolo contendere plea........................................................................................HB 152 Endangering a child by driving under the influence; define separate offense.............................................................................................................HB 1266 First conviction; written notification to defendant of subsequent conviction penalties.................................................................................HB 2116 First offenders; education/intervention program...........................................................HB 159 Fourth through sixth convictions; penalties...................................................................HB 425 Habitual violator; forfeiture................................................................................................HB 74 Homicide by aircraft; define offense .............................................................................HB 1294 Ignition interlock device; condition of probation..........................................................HB 165 Ignition interlock device; condition of probation........................................................HB 1122 Marked driver's license and bumper sticker..................................................................HB 530 Motor vehicles; amend Code.............................................................................................HB 245 Motor vehicles; amend provisions.....................................................................................SB 505
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INDEX
5977
DRIVING UNDER THE INFLUENCE (Continued) Motor vehicles; habitual impaired driving offense; probationary license; endangering a child by driving under the influence ....................................SB 487 Murder by vehicle; define offense......................,.............................................................HB 687 Nolo contendere plea; eliminate; driver's license suspension; repeal certain provisions.................................................................................................SB 478 Nolo contendere plea; prohibit.......................................................................................HB 1267 Nolo contendere plea; restrictions ....................................................................................SB 640 Optional sentence; appear before victims or survivors...............................................HB 1995 Publication of conviction notice; payment...................................................................HB 1683 Suspension of driver's license .............................................................................................HB 65 Symbol of conviction; affix to license plates................................................................HB 1268 Third conviction; treatment................................................................................................HB 77 Third or subsequent conviction; increase penalty .........................................................HB 364 Trial by jury; waiver ...........................................................................................................SB 525 Uniform rules of the road; nolo contendere plea; restrictions......................................SB 516
DRUGS AND DRUG DEPENDENCY AND ABUSE Alcohol and drug courses; fees..........................................................................................HB 164 Alcohol and drug courses; State Board of Education supply teachers ......................HB 562 Boats and personal watercraft; regulate operation.........................................................SB 474 Candidates; drug testing; pauper's reimbursement.......................................................HB 601
Clinical social worker; involuntary emergency treatment certification; evaluation team report.........................................................................HB 1068
Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; create......................................................................................SB 811
Controlled or counterfeit substances; trafficking near playground or housing project; penalties..................................................................HB 1779
Controlled substances and dangerous drugs; amend list............................................HB 1342 Controlled substances; butane; prohibitions...................................................................HB 511
Controlled substances; certain violations; prohibit first offender statua.................................................................................................................HB 253
Controlled substances; distribution to unborn child; prohibit prosecution .....................................................................................................HB 1152
Controlled substances; forfeitures; proceeds ..................................................................HB 249 Controlled substances; forfeitures; proceeds.....................................................................SB 73 Controlled substances; forfeitures; proceeds ...................................................................SB 569 Controlled substances; offense by law enforcement officer
or prison guard; felony...................................................................................................HB 242 Controlled substances or marijuana; trafficking; penalty...........................................HB 1480 Controlled Substances Therapeutic Research Act; amend provisions .....................HB 1187 Department of Corrections and Board of Pardons and Paroles;
drug tests on inmates; procedures ................................................................................SB 678 Doctor of pharmacy; definition ......................................................................................HB 1360 Driver's license reinstatement; certain courses;
out-of-state certificate..................................................................................................HB 1508 Driver's license restoration; certain clinics; restrict solicitations..............................HB 1582 Driver's license restoration; certain course completion;
points reduction...............................................................................................................SB 579 Driver's license suspension; driving under the influence;
amend provisions.............................................................................................................SB 665 Driver's license suspension; refusing chemical test; certain
traffic accident; definition.............................................................................................HB 451 Driver's license suspension; reinstatement.....................................................................HB 840 Drivers' licenses; driving under the influence; implied consent...................................SB 528 Driving under the influence; additional assessment; compensation
for crime victims..............................................................................................................SB 524 Driving under the influence; additional penalties.........................................................HB 115
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5978
INDEX
DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Driving under the influence; alcohol and drug education course; fees ......................HB 147 Driving under the influence; certain drivers' licenses and identification cards; retroreflective finish...................................................................HB 786 Driving under the influence conviction; appeal bond; discretionary........................HB 1584 Driving under the influence; defendant's record of traffic offenses; attach to judge's sentence..............................................................................SB 664 Driving under the influence; driver's license suspension; amend provisions.............................................................................................................SB 489 Driving under the influence; driver's license suspension; certain course completion for reinstatement...............................................................SB 596 Driving under the influence; driver's license suspension; change provisions and penalties.................................................................................................SB 274 Driving under the influence; eliminate nolo contendere plea......................................HB 152 Driving under the influence; first conviction; written notification to defendant of subsequent conviction penalties...............................HB 2116 Driving under the influence; first offenders; education/intervention program...................................................................................HB 159 Driving under the influence; fourth through sixth convictions; penalties...........................................................................................................................HB 425 Driving under the influence; habitual violator; forfeiture of vehicle............................HB 74 Driving under the influence; ignition interlock device; condition of probation....................................................................................................HB 165 Driving under the influence; ignition interlock device; condition of probation..................................................................................................HB 1122 Driving under the influence; marked driver's license and bumper sticker................................................................................................................HB 530 Driving under the influence; nolo contendere plea; driver's license suspension; repeal certain provisions...............................................................SB 478 Driving under the influence; nolo contendere plea; restrictions..................................SB 640 Driving under the influence; optional sentence; appear before victims or survivors......................................................................................................HB 1995 Driving under the influence; persons under age 18; suspend driver's license until 18..................................................................................................HB 868 Driving under the influence; prohibit nolo contendere plea......................................HB 1267 Driving under the influence; publication of conviction notice; payment.............................................................................................................HB 1683 Driving under the influence; suspension of driver's license...........................................HB 65 Driving under the influence; symbol of conviction; affix to license plates.............................................................................................................HB 1268 Driving under the influence; third conviction; treatment..............................................HB 77 Driving under the influence; third or subsequent conviction; increase penalty...............................................................................................................HB 364 Driving under the influence; trial by jury; waiver..........................................................SB 525 Drug abuse prevention services; good faith provider; liability....................................HB 827 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991; enact...........................................................................................................HB 933 DUI alcohol or drug use risk reduction programs.........................................................HB 297 DUI alcohol or drug use risk reduction programs; instructors; criminal records checks..................................................................................................HB 358 Endangering a child by driving under the influence; define separate offense.............................................................................................................HB 1266
Homicide by aircraft; define offense .............................................................................HB 1294
Hydromorphone oral tablets; prohibit oral prescription..............................................HB 137
Juvenile proceedings; designated felony; drug trafficking..............................................HB 87
Medical assistance; certain drugs; prior authorization and approval.........................HB 472
Mental health; patient cost of care; amend provisions...............................................HB 1597
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INDEX
5979
DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Mental health services; equitable funding; urge Department of Human Resources......................................................................................................HR 934 Motor vehicles; habitual impaired driving offense; probationary license; endangering a child by driving under the influence....................................SB 487 Murder by vehicle; define offense....................................................................................HB 687 Penal institutions; uniform drug testing; provisions...................................................HB 1066 Pharmacists; license hearings; certain disabilities.........................................................HB 136 Prison inmates or personnel; random drug testing.......................................................HB 248 Property exchanged for criminally derived funds; unlawful transaction...................HB 324 Psychologists; powers and functions................................................................................HB 408 Public employee; certain final conviction; ineligible for office....................................HB 255 Sales tax; exempt certain purchases for charitable purposes......................................HB 365 Special facilities by Department of Human Resources; certain notification required.......................................................................................................HB 573 Students and possessions; authorized searches on school property..........................HB 1992 Testing of state employees in high-risk jobs...................................................................SB 459 Torts; certain donations to nonprofit organizations; liability....................................HB 1331 Torts; certain drugs; punitive damages; limitations and exception..........................HB 1332 Trafficking in cocaine, illegal drugs, or marijuana; penalty ......................................HB 1917 Trafficking in marijuana; penalty......................................................................................HB 86 Trafficking in methamphetamine; penalty provisions...................................................SB 834
DUKE, SARAH CATHERINE; commend..................................................................HR 1039
DUNBAR, DR. ERNEST A., JR.; commend................................................................HR 963
DUNBAR, WILLIAM "BUSTER" ALLEN, SR.; condolences ..............................HR 986
DUNN, ANSLYN KATHRYN; commend....................................................................HR 866
DUNN, HONORABLE WESLEY; committee assignment..........................................Page 8
DUPREE, COACH DAVID; commend........................................................................HR 1024
E
EARLY COUNTY; board of commissioners; districts ................................................HB 2090
EARTH SUMMIT; endorse and urge President Bush to attend..............................HR 1187
EAST DUBLIN, CITY OF; councilmember at large offices; plurality vote.........HB 14EX
EAST POINT, CITY OF Building authority; membership.....................................................................................HB 1935 Business and industrial development authority; membership...................................HB 1936 Mayor's veto; provisions to overrule................................................................................HB 994 Parking authority; composition......................................................................................HB 2126 Parking authority; membership......................................................................................HB 1934
EASTERWOOD, GWENDOLYN C.; commend..........................................................HR 958
EASTMAN, CITY OF; corporate limits .......................................................................HB 2155
EATONTON, CITY OF; mayor and aldermen; election...............................................SB 690
EAVENSON, COMMANDER CLIFTON AND JOHN L. WHITWORTH VFW POST IN LAVONIA; commend .....................................................................HR 1102
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5980
INDEX
ECHO RIDGE RECREATION CLUB USTA 3.0 MEN'S TENNIS TEAM; commend........................................................................................HR 72EX
ECHOLS COUNTY - Board of commissioners; compensation.........................................................................HB 1699
County clerk; compensation; repeal; population figures.............................................HB 2000
ECONOMY; certain business loans; authorize guaranteed revenue debt - CA..........HR 385
EDENFIELD, LONNIE, SR.; commend .....................................................................HR 1285
EDUCATION Ad valorem tax for school purposes; limitation - CA...................................................HR 726 Alcohol and drug course; State Board of Education supply teachers........................HB 562 Boards of education; single member districts - CA.........................................................HR 76 Campus defined in certain counties; population figures...............................................SB 749 Capital outlay; certain sparsity systems; consolidation hearings..............................HB 1482 Capital outlay funds; school consolidation; opposition petitions.................................SB 155 Capital outlay funds; school construction; base size...................................................HB 1793 Certain competitive sports for female athletes; urge Department of Education to offer....................................................................................................HR 1016 Certain educational facilities; authorize guaranteed revenue debt - CA...................HR 384 Certain elected officials; plurality of votes - CA.............................................................HR 38 Certain materials or instructional methods; urge Department of Education not use......................................................................................................HR 842 Certain prisoners and probationers; mandatory educational instruction ..................HB 244 Certain prisoners; parole requirement; general educational development equivalency diploma.............................................................................HB 1180 Certain state and local officials; commend.....................................................................HR 940 Certain students; school activities outside academic day; provisions.......................HB 1681 Child support; certain assistance past age of majority..................................................SB 360 Child support; over age 18; high school enrollment....................................................HB 1013 College preparatory curriculum; sign language............................................................HB 1871 Colleges; full-tuition scholarship program.........................................................................SB 31 Colleges; Matthews-Dent scholarships; establish...........................................................HB 176 Community Education and Development Act; enact..................................................HB 1281 Community Education and Development Act; repeal; prohibit certain access to public records.....................................................................................SB 588 Compulsory school attendance; extend to age 18........................................................HB 1975 Correctional Education School Authority; create..........................................................HB 517 County boards of education; certain vacancy; population brackets ............................SB 741 County school superintendents; qualifications; residency requirement ...................HB 1371 Crimes; carrying deadly weapon at school or school function; penalty...................HB 1755 Criminal justice; complaint forms; identification of student and name of school...............................................................................................................HB 1296 Demonstration family resource center program; create..............................................HB 1074 Demonstration plans and programs; provisions..............................................................SB 769 Department of Children and Youth Services; create..................................................HB 1549 Department personnel; salary limit.................................................................................HB 817 Distance Learning and Telemedicine Act; enact............................................................SB 144 Driver's license; age 18 or under; requirements...............................................................HB 23 Educational assistance program; Labor Department personnel................................HB 1658 Elementary, secondary, and adult education; pilot projects; decategorize funds ..........................................................................................................HB 744 Environmental Education Council; recycling awareness program in schools........................................................................................................HB 1412 Five-year budget Act; General Assembly adopt - CA.................................................HR 1248 Full-tuition scholarship program; provide......................................................................HB 515 Funding; repeal ad valorem tax; impose 3% sales tax - CA........................................HR 655
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5981
EDUCATION (Continued) Georgia Commission on Public Education Progress; establish....................................HB 252 Georgia Military College; board of trustees; composition.............................................SB 461 J-leorgia Military College; two-year limit; delete............................................................HB 842 Gerontology; urge instruction throughout University System.....................................HR 648 High school credits; American sign language count as foreign language....................SB 757 High schools; laboratory courses; teacher-pupil ratio...................................................HB 512
Homicide by vehicle; failure to stop for school bus.......................................................SB 646 Homicide by vehicle; student entering or exiting school bus; penalty.....................HB 1726 Jackson County; request State Board of Education study school systems...............HR 712
Loans; certain teachers; service cancelable.....................................................................HB 305 Local boards; additional powers........................................................................................SB 721 Local boards; certain written employment contracts....................................................HB 719
Local boards; programs for children; other than school hours..................................HB 1356
Local expenditures and tax increases; General Assembly limit by law - CA............................................................................................................HR 721
Local fair share funds; determination..............................................................................SB 514 Local governments and boards of education; single-member districts.......................HB 103
Local income tax; educational purposes - CA................................................................HR 818 Local school superintendents; minimum salary; state funds .......................................HB 954
Local school superintendents; qualifications................................................................HB 1489 Local school systems; certain materials and instruction; prohibit............................HB 1703
Local school systems; certified personnel; grievance procedures ..............................HB 1812 Local school systems; resident students; fees.................................................................HB 513
Local school systems; revenue; General Assembly provide by taxation - CA .............................................................................................................HR 826
Mandatory education; age requirement............................................................................HB 25 Media center materials; computer hardware and software..........................................HB 999
Minors; working hours; prohibitions................................................................................HB 368
Multiyear leases; Community Education and Development Act; grants ....................SB 587 No Pass/No Participate provisions; applicability ...........................................................SB 622
No Pass/No Participate rule; not applicable; certain students .................................HB 1901 Office of minority educator recruitment; create.............................................................SB 433
Office of strategic planning; create ..................................................................................HB 857
Open communication between child and parents; prohibit interference by local systems............................................................................................................HB 1761
Pay-for-performance programs; capital outlay funds; sparsity systems; school consolidation opposition.....................................................................SB 488
Postsecondary institutions; certain immunizations; enrollment requirement....................................................................................................................HB 1745
Professional school personnel; certification; waive certain fees..................................HB 391 Professional Standards Commission; amend provisions................................................SB 777
Proprietary schools; additional limited exemption........................................................HB 477 Proprietary schools; amend provisions..........................................................................HB 1997
Proprietary schools; exempt certain colleges and universities and certain institutes of paper science and technology..........................................HB 1693
Proprietary schools; fees.................................,..................................................................HB 318 Proprietary schools; job placement of graduates...........................................................HB 301
Proprietary schools specializing in religious instruction; exemption..........................HB 225 Proprietary schools; tuition guaranty trust fund; establish.........................................HB 319 Public libraries; boards of trustees; compensation........................................................HB 579
Public school personnel; payroll deduction; authorization ...........................................SB 591 Quality basic education; certain courses; amend provisions ......................................HB 1837
Quality basic education; certain funding provisions; temporary changes................HB 2EX
Quality basic education; certain officials and employees; serve as substitute teacher............................................................................................HB 625
Quality basic education; certain psychiatric or psychological courses; boards adopt policies.......................................................................................HB 404
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5982
INDEX
EDUCATION (Continued) Quality basic education; courses at eligible institutions; high school credit.............................................................................................................SB 417 Quality basic education; criterion referenced and basic skills tests; eliminate................................................................................................................HB 644 Quality basic education; curriculum; sign language for deaf.....................................HB 1617 Quality basic education; enrollment counts; funding calculation ................................SB 784 Quality basic education; local fair share funds and equalization grants ..........................................................................................................SB 537 Quality basic education; local fair share funds; calculation.......................................HB 1869 Quality basic education; local fair share funds; limitation.........................................HB 1119 Quality basic education; local fair share funds; limitation.........................................HB 1801 Quality basic education; media center computer hardware and software; funds.........................................................................................................SB 571 Quality basic education; midterm adjustment; program adjustment.........................HB 393 Quality basic education; pregame program by student council; local boards allow before football games...................................................................HB 2084 Quality basic education; school athletic activities; equal opportunity .........................................................................................................HB 2105 Quality basic education; textbooks; property of local administration........................HB 727 Quality basic education; Youth Apprenticeship Program; eligibility .......................HB 1931 Remedial programs; include grades six through eight..................................................HB 523 Remedial programs; eligibility.............................................................................................SB 32 Revenue; educational purposes; one percent special sales tax - CA...........................HR 108 Revenue; educational purposes; one percent special sales tax - CA...........................HR 134 Revenue; educational purposes; one percent special sales tax - CA...........................HR 158 Revenue; educational purposes; one percent special sales tax - CA...........................HR 159 Revenue; educational purposes; one percent special sales tax - CA............................SR 159 Sales tax exemption; certain sales by schools ................................................................HB 234 Sales tax for educational purposes; General Assembly authorize by law - CA....................................................................................................HR 672 Scholarships; certain offices; promote programs ...........................................................HB 695 Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide - CA....................................................................HR 399 School buses; strobe lights; provisions ..........................................................................HB 1974 School buses transporting kindergarteners; provide seat belts ...................................HB 937 School closing; certain conditions; certain personnel authorized to leave.............................................................................................................................HB 453 School enrollment; social security number required......................................................SB 507 School fund-raisers; sales tax exemption ......................................................................HB 1155 School fund-raisers; sales tax exemption - CA ..............................................................HR 674 School personnel; sick leave; personal and professional use........................................HB 851 School superintendents; change applicable provisions; county to local; additional powers of local boards ...............................................................HB 1490 School systems; multiyear lease, purchase, or lease purchase contracts; real property limitations..............................................................................HB 321 School textbooks; purchasing by local systems..............................................................HB 193 Schools; age range per grade.............................................................................................HB 142 Schools; certain courses of study; offer...........................................................................HB 908 Schools; certain employees; deferred compensation....................................................HB 1176 Schools; comprehensive evaluation; exemption ..............................................................SB 484 Schools; compulsory attendance; age.................................................................................HB 71
Schools; corporal punishment.............................................................................................HB 18
Schools; sex education and AIDS prevention; sexual abstinence................................HB 675
Schools; smoking prohibitions ..........................................................................................HB 275
Schools; student attend where parent employed............................................................SB 533
Schools; uniform scale of grading.....................................................................................HB 370
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INDEX
5983
EDUCATION (Continued) Seat belts on school buses; urge Department of Education to study.........................HR 567 Service cancelable loans; gerontology and geriatrics fields ........................................HB 1150
- Social values instruction; urge implementation of policy adopted by State Board of Education.........................................................................HR 781
Special alternative incarceration; adult education courses; requirement....................................................................................................................HB 1688
Special purpose sales tax for educational purposes; General Assembly authorize by law - CA.................................................................HR 1009
Special sales and use taxes; one-third proceeds for education - CA........................HR 1186 State agencies and schools; include term "multiracial" on
forms requesting racial identification..................,.....................................................HB 1295 State Arboretum of Georgia; designate Thompson Mills forest of
University of Georgia.....................................................................................................HR 225 State Board of Education and state school superintendent;
appointment - CA...........................................................................................................HR 525 State Board of Education; delegate certain powers to State
School Superintendent...................................................................................................HB 959 State lottery for education construction trust fund; provide - CA.............................HR 181 State lottery; indigent care and educational purposes - CA..........................................HR 36 State lottery; provide for educational purposes - CA.....................................................HR 34 Student loans in default; prohibit state employment.................................................HB 1343 Student with infectious disease; notify certain personnel............................................HB 741 Students and possessions; authorized searches on school property..........................HB 1992 Students; certain school-sponsored activities; eligibility..............................................HB 768 Study Commission on Postsecondary Technical and Adult
Education Finance; create.............................................................................................HR 928 Study Commission on Postsecondary Technical and Adult
Education Finance; create..............................................................................................SR 431 Teachers and public school employees; health insurance;
amend provisions .............................................................................................................SB 190 Teachers and substitute teachers; daily planning period..........,..................................HB 372 Teachers; duty-free lunch periods..............................,.....................................................HB 373 Teachers of the Year; salary increases.............................................................................SB 412 Teachers Retirement; attendance officers; membership...............................................HB 353 Teachers Retirement; certain employees of the Professional
Practices Commission ....................................................................................................HB 265 Technical and adult education; federal assistance;
notification exemption.................................................................................................HB 1701 Technical and adult education; personnel actions ......................................................HB 1228 Technical and adult education; quick start training program...................................HB 1873 Tuition equalization grants; approved schools.............................................................HB 1287 Tuition equalization grants; define full-time student.................................................HB 1823 University System; earned credit hours; relative to expiration...................................HR 543 University System; encourage conversion to semester system ..................................HR 1026 University System Laboratory, Equipment, Rehabilitation
Technology, and Eminent Scholars Endowment Study Committee; create..........HR 780 Water safety programs; urge school systems adopt ....................................................HR SEX
EDWARD C. MOSES HIGHWAY; designate..............................................................HR 946
EDWARDS, HONORABLE WARD; communication..............................................Page 211
EDWARDS, KIMBERLY NICOLE; commend..........................................................HR 870
EDWARDS, PAT; commend .............................................................................................HR 822
EFFINGHAM COUNTY Board of commissioners; amend provisions..................................................................HB 1253
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5984
INDEX
EFFINGHAM COUNTY (Continued) Board of commissioners; districts ..................................................................................HB 1382 Board of education; districts...........................................................................................HB 1379 Development authorities; joint boards of directors; assumption of powers...................................................................................................HB 1733
ELBERT COUNTY; board of commissioners; county administrator.......................HB SEX
ELDERLY Accident and sickness insurance; persons over 60; continuation rights...................HB 1202 Certificate of need; multiple petitions for judicial review; consolidation..................................................................................................................HB 1512 Driver's license; renewal by mail; limitations...............................................................HB 1222 Education loans; service cancelable; gerontology and geriatrics fields..............................................................................................................HB 1150 Fair housing; amend provisions; Commission on Equal Opportunity.........................SB 615 Funds for the aging; committee to oversee; recommend appointment......................HR 892 Gerontology; urge instruction throughout University System.....................................HR 648 Governor's Commission on Long-term Care; create......................................................SR 373 Health care; indigent and elderly patients; ventilator assistance...............................HB 130 Health care; urge Congress to enact universal-coverage national health plan.......................................................................................................HR 711 Home Delivered Meals and Transportation Services for the Elderly Fund; establish................................................................................................HB 1650 Home Delivered Meals, Transportation Services to the Elderly, and Preschool Children with Special Needs Fund; create......................HB 1542 Homestead exemption; age 65 or over; increase to $10,000 .......................................HB 2072 Hospice patients; pronouncement of death by registered nurse ...............................HB 1857 Hospice patients; pronouncement of death by registered professional nurses ..........................................................................................................SB 693 Housing and Finance Authority; powers..........................................................................SB 513 Incapacitated adults; hearings for guardians; compensation.....................................HB 1175 Income tax; retirement income; increase exclusion.......................................................HB 779 Insurance; medicare supplement; regulate.......................................................................SB 564 Jury duty; exempt persons 65 or older .........................................................................HB 1213 Living wills; life-sustaining procedures; amend provisions..........................................HB 968 Living wills; life-sustaining procedures; conditions for withholding ...........................SB 605 Medical assistance; certain drugs; prior authorization and approval.........................HB 472 Medical records; access by long-term care ombudsman or Department of Human Resources.........................................................................................................SB 87 Mental illness; certain definitions; include gravely disabled.....................................HB 1292 Motor vehicles and transportation; define certain van .................................................SB 729 Nursing facility; voluntary termination of provider agreement with Department of Medical Assistance......................................................................SB 681 Nursing homes; certain sprinkler system; requirement.................................................SB 182 Nursing homes; receivership; certain violations..............................................................SB 211 Older Georgians' and Handicapped Transportation Task Force; create...................HR 457 Personal care homes; restrictions on referrals ................................................................SB 669 Probate court; service of minor or incapacitated adult; provisions..........................HB 1621 Probationer; community service; perform tasks for handicapped or elderly................................................................................................HB 1527 Public assistance; food stamp recipients; photo identification....................................HB 893 Retail stores; relative to price labels on shelves............................................................HR 415 Sales tax exemption; durable medical equipment and prosthetic devices; certain purchases..............................................................................................HB 332 Social security recipients; outside income; urge not limiting....................................HR 1166 State Housing Trust Fund for the Homeless Commission; powers.............................SB 512 Tax deferral; alternative method .....................................................................................HB 505
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5985
ELDERLY (Continued) Tax deferral; annual income of $25,000..........................................................................HB 507 Tax deferral; annual income of $40,000..........................................................................HB 506 Tax deferral; certain counties; alternative method.......................................................HB 503 Tax deferral; certain counties; repeal alternative method...........................................HB 504 Taxable net income; exclusion for certain retirement income ..................................HB 1000 Theft by extortion against elderly; penalty.....................................................................SB 526 Trade practices; solicitation; regulate............................................................................HB 1819
ELECTIONS Absentee ballots; courthouse serve as place to receive; population brackets......................................................................................................HB 1816 Alcoholic beverages; prohibit certain sales on election day..........................................SB 549 Amend Code......................................................................................................................HB 1189 Amend Code; presidential electors...................................................................................HB 907 Amend provisions .............................................................................................................HB 1372 Amend provisions .............................................................................................................HB 1644 Ballots in certain counties; certain candidate's chief deputy; poll officers of certain counties; compensation........................................................HB 2057 Ballots; order of names; randomized alphabet...............................................................HB 178 Campaign activities and public opinion polling; prohibit within 100 feet of polling place..................................................................................HB 2146 Campaign contributions; agricultural licensees or lessees; prohibitions.......................................................................................................................SB 458 Campaign contributions during legislative session; reporting...................................HB 1565 Campaign contributions; elected officials; limitation.......................................................SB 18 Campaign contributions; limitations ....................................................................................SB 4 Campaign contributions; out-of-state sources; prohibitions ......................................HB 1190 Campaign contributions; political action committees; disclosure ..................................SB 20 Campaign contributions; rezoning applicants; disclosure..............................................SB 527 Campaign contributions; unopposed candidates; disclosure........................................HB 229 Campaign contributions; unused funds; pay prior campaign debt or transfer to state treasury...............................................................................HB 1923 Campaign literature; regulation provisions........................................................................SB 22 Candidates; drug testing; pauper's reimbursement.......................................................HB 601 Candidates; expenditures; limitations .............................................................................HB 678 Certain county offices; ballot include candidate's chief deputy................................HB 1743 Certain elected officials; plurality of votes - CA.............................................................HR 38 Certain municipal offices; commencement; General Assembly provide.....................HB 934 Certain petitions; one signature per card ..........................................................................SB 25 Counties; boards of commissioners; single-member districts.......................................HB 104 County courthouses; certain relocation; voter approval.............................................HB 1204 County merger or division; remove certain requirement - CA....................................HR 526 County offices; nonpartisan; General Assembly provide by local law........................HB 500 County registrar; appointment in certain counties; change population figure..............................................................................................................SB 807 County school superintendents; qualifications; residency requirement ...................HB 1371 Deputy county registrars; appointment in certain counties; population brackets.........................................................................................................SB 832 Deputy registrars of certain counties; change population figure .................................SB 802
Driver's license examiners; serve as deputies to certain boards of registrars.........................................................................................................HB 473
Elected public officials; campaign contributions; limitations......................................HB 521 Electors lists; absentee ballots; certain children in voting booth..............................HB 1369 Ethics; campaign contributions; limitations.................................................................HB 1153 Financial disclosure; gifts, food, entertainment, lodging over
$200; certain information required ............................................................................HB 1042 Financial disclosure statements; form...........................................................................HB 1264
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5986
INDEX
ELECTIONS (Continued) General Assembly candidates; residency qualifications; jurisdiction........................HB 1690 General Assembly; special residency requirements - CA.............................................HR 864 General primary and nonpartisan primary; change date .........................~....................HB 342 Legislators and public officers; honorariums; prohibitions...........................................SB 480 Lobbyists; change registration from Secretary of State to State Ethics Commission................................................................................................SB 704 Local governments and boards of education; single-member districts.......................HB 103 Municipal contested elections; comprehensive revision of provisions......................HB 1374 Municipal elections in certain counties; population bracket........................................SB 684 Municipal elections; terms; General Assembly change by local law...........................HB 467 Municipal elections; utilize county voter registration system.....................................HB 205 Municipal list of electors; purging in certain counties; population figures............................................................................................................SB 754 Municipal voter registration list in certain counties; population brackets.........................................................................................................SB 740 Nomination petitions; amend provisions ........................................................................HB 197 Plurality vote; exceptions..................................................................................................HB 100 Presidential preference primary; change date................................................................HB 196 Probate court judges; nonpartisan election....................................................................HB 211 Probate court judges; nonpartisan election - CA...........................................................HR 102 Probate court judges; nonpartisan election; qualifying...................................................SB 62 Public Officials Conduct and Lobbyist Disclosure Act; enact...................................HB 1125 Public safety examiners; deputy registrars.....................................................................HB 206 Qualifying fees; form of payment.....................................................................................HB 200 State officers and employees; political activities; authorization....................................SB 23 Superior court judges; residency requirement - CA........................................................HR 75 Superior court judges; revise method of election.............................................................HB 99 Voter registration cards; certain reimbursement to counties ....................................HB 1380 Voter registration; driver's license examiners serve as deputy registrars; additional registration places......................................................HB 1496 Voter registration; list of electors; population brackets................................................SB 796 Voting; minors accompany parents in booth; authorization......................................HB 1579 Write-in candidates; notice of intention of candidacy...................................................SB 578
ELECTRICAL SERVICE Electric membership corporations; cable television; own and service systems................................................................................................................HB 892 Electric membership corporations; urge study by Public Services and Utilities Subcommittee..........................................................................................HR 471 Electrical contracting license; include low-voltage contracting...................................HB 869 Electricity Generating Plant Condemnation Review Board; create ...........................HB 898 High-voltage Safety Act; amend provisions..................................................................HB 1663 Public Service Commission; special fees; method of calculating.................................HB 901 Sales tax; retail sales definitions; certain exclusion....................................................HB 1250 Tennessee Valley Authority; payments; change apportioning method ....................HB 1034
ELI LANDERS AND ELIZABETH WHITLEY ROBERSON DAY Designate March 8, 1992................................................................................................. HR 1002
ELLARD, HONORABLE GLENN WILSON "JACK" Commend.............................................................................................................................HR 695 Resignation............................................................................................................................Page 3
ELLAVILLE, CITY OF; new charter...........................................................................HB 2135
ELLIOTT, BILL, JUNIOR JOHNSON, AND TIM BREWER; commend .....HR 1041
ELLIOTT, TALMADGE; condolences.........................................................................HR 1200
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5987
ELLIS, HONORABLE ROBERT; commend.............................................................HR 1231
ELLIS, REVEREND EDWARD LAMAR, JR.; commend....................................HR 1081
ELLIS, TONDA; commend................................................................................................HR 746
EMANUEL COUNTY Board of education; vacancies.........................................................................................HB 1659 Convey property ..................................................................................................................SR 407
EMERGENCIES AND EMERGENCY SERVICES Cardiopulmonary resuscitation; candidate for nonresuscitation; amend provisions..........................................................................................................HB 1223 Cardiopulmonary resuscitation; candidate for nonresuscitation; amend provisions.............................................................................................................SB 815 Cardiopulmonary resuscitation; nonresuscitation provisions; delete certain requirement..........................................................................................HB 1953 Certain public employees; indemnification; $100,000...................................................HB 705 Clinical social worker; involuntary emergency treatment certification; evaluation team report.........................................................................HB 1068 Community Right to Know Act; enact..........................................................................HB 1438 Disaster Emergency Relief Fund; create - CA...............................................................HR 106 Emergency Telephone Number 911; amend provisions..............................................HB 1142 Emergency 911 service; monthly charge; local governments impose..........................HB 795 Emergency 911 systems; advisory board; local governments create.........................HB 1583 Georgia Emergency Management Agency; create...........................................................SB 595 Hospital Cost Containment Law; enact........................................................................HB 1841 Intravenous fluids on vehicles; requirements..................................................................SB 284 Living wills; life-sustaining procedures; amend provisions..........................................HB 968 Living wills; life-sustaining procedures; conditions for withholding ...........................SB 605 Motor vehicle insurance; accidents involving firemen or emergency medical technicians; surcharge................................................................HB 1416 Personnel; certain recertification standards; delete.......................................................SB 365 Prestige license plates; licensed emergency medical technicians................................HB 838 State-wide "911" system; relative to development........................................................HR 936 Workers' compensation; rehabilitation benefits; catastrophic injury.........................HB 815
EMINENT DOMAIN Condemned property; environmental compliance.......................................................HB 1677 Property condemnation; assessors' costs in certain counties; change population figures............................................................................................HB 2044 Upper Savannah River Development Authority; amend provisions.........................HB 1767
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Collective bargaining; factfinder; recommendations .....................................................HB 636 Commission on Equal Opportunity; change name from Fair Employment Practices....................................................................................................SB 614 Employees; certain family or medical leave...................................................................HB 510 Employees; off-duty lawful activities; nondiscrimination .............................................SB 256 Employees; use of legal agricultural commodities; nonworking hours.......................HB 925 Employment security; aliens; hearing officers; extended benefits...............................SB 560 Equal Employment Opportunity Act; enact...................................................................HB 153 Former employers; references; immunity from liability.............................................HB 1215 House Study Committee on Job Creation and Retention for Georgians; create...........................................................................................................HR 1030 Jobs Creation Authority; create .....................................................................................HB 1874 Labor organizations; nonmembers; pay fair share fee................................................HB 2053
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5988
INDEX
EMPLOYMENT (Continued) Labor pools; regulation; unlawful practices; penalties................................................HB 1912 Motor vehicle insurance; defensive driving course; repair facilities.........................HB 1899
- Privacy for Consumers and Workers Act; enact..........................................................HB 2097 Technical and adult education; quick start training program...................................HB 1873 Veterans' employment preference; certain National Guard members........................SB 552
ENERGY Electric membership corporations; cable television; own and service systems................................................................................................................HB 892 Joint Study Committee on Gasoline Marketing; create...............................................HR 248 MARTA; alternative fuels plan; provide by January 1, 1992......................................HB 881 Savannah River; Department of Energy site; new production reactor; support...........................................................................................................HR HEX Savannah River nuclear plant; relative to..................................................................HR 53EX Savannah River Site; decontaminate and restore area; oppose restart of "K" nuclear reactor; urge Congress..............................................HR 860 Solar or electric powered vehicles; sales tax and license fee exemptions...............................................................................................................HB 1551
ENGINEERS AND LAND SURVEYORS Amend provisions ...............................................................................................................HB 143 "Engineers Day" in Georgia; declare February 11, 1992..............................................HR 834
ENGLAND, DR. CLIFF; commend..............................................................................HR SEX
ENGLISH, HONORABLE PASCHAL A.; commend................................................HR 750
ENGLISH, WILLIAM M., JR.; commend....................................................................HR 967
ENOTAH JUDICIAL CIRCUIT; create....................................................................HB 1288
ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) Air Quality Act and Motor Vehicle Emission Inspection and Maintenance Act; recodify ..........................................................................................HB 1440 Air Quality Act; comprehensively revise provisions....................................................HB 1439 Air quality; odor-causing chemicals; emission limitations..........................................HB 1554 Automobile industry; imposition of certain standards; urge Congress reject........................................................................................................SR 490 Coastal marshlands; amend provisions..........................................................................HB 1389 Conservation Use Valuation Advisory Group; commend...........................................HR 1105 Earth Summit; endorse and urge President Bush to attend.....................................HR 1187 Eminent domain; condemned property; environmental compliance........................HB 1677 Environmental Education Council; recycling awareness program in schools........................................................................................................HB 1412 Environmental Facilities Authority; certain funds; solid waste loans......................HB 1391 Environmental Protection Division; appoint director....................................................SB 102 Georgia Commission on Economic Conversion; create...............................................HB 2183 Georgia Council on Environmental Quality; urge creation..........................................HR 101 Georgia Prescribed Burning Act; enact............................................................................SB 543 Governor's Ground-water Advisory Council; create; protected fresh waters; prohibit certain vessels............................................................................SB 618 Hazardous substance or oil spills; actions for damages..............................................HB 1559 Hazardous waste management; siting facilities; provisions...........................................SB 745 Hazardous waste; petroleum contaminated soil; permissible limits.........................HB 2095 Joint Study Committee on Alternative Fuels; create...................................................HR 950 Joint Study Committee on State and Local Government Environmental Enforcement Authority; create......................................................................................SR 511
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INDEX
5989
ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) (Continued) Motor vehicle emission inspection; urge Congress allow use of - Bar 90 testing system.....................................................................................................HR 930 Newspapers and newsprint; prohibit in landfills.........................................................HB 2184 Nonrecyclable packaging; urge businesses find alternatives........................................HR 898 Protection of Tidewaters Act and Right of Passage Act; enact................................HB 1390 River basin management plans; development; approval ...............................................SB 637 Savannah River; Department of Energy site; new production reactor; support...........................................................................................................HR HEX Savannah River nuclear plant; relative to..................................................................HR 53EX Savannah River Site; decontaminate and restore area; oppose restart of "K" nuclear reactor; urge Congress..............................................HR 860 Shore Assistance Act; repeal; Shore Protection Act; enact...........................................SB 725 Soil erosion control; buffer zone around stream banks................................................HB 765 Solid waste fee; Hazardous Site Response Act; enact................................................HB 1394 Solid waste management; amend provisions................................................................HB 1386 Solid waste management; amend provisions; scrap tire disposal; enact provisions.............................................................................................................HB 1385 Solid waste management; state-wide recycling program; establish for state agencies..........................................................................................HB 1872 Solid waste reduction; counties and municipalities encouraged to exceed goals ................................................................................................................HB 590 Surface mining; permits................................................................................................:.....SB 523 Uniform Conservation Easement Act; enact................................................................HB 1388 Waste disposal; public or private services; regulation..................................................HB 419 Waste management; municipal solid waste; certain requirements ...............................HB 60 Waste management; scrap tire disposal; regulations.....................................................HB 481 Waste management; toxic heavy metals in packaging; regulate..................................HB 124 Wetlands Conservation Study Committee; continue....................................................HR 789
EPLAN, LEON S.; commend........................................................................................HR 73EX
EQUAL RIGHTS Certain competitive sports for female athletes; urge Department of Education to offer.........................................................................................................HR 1016 Commission on Equal Opportunity; change name from Fair Employment Practices....................................................................................................SB 614 Commission on Women; create.........................................................................................HB 654 Education; office of minority educator recruitment; create..........................................SB 433 Fair housing; amend provisions; Commission on Equal Opportunity.........................SB 615 Henry Ossian Flipper; commemorative postage stamp; urge issuance by Postmaster General...................................................................................................HR 345 Indian burial grounds, human remains, and burial objects; protection.....................HB 457 Quality basic education; school athletic activities; equal opportunity.........................................................................................................HB 2105 Schools; certain courses of study; offer...........................................................................HB 908 State agencies and schools; include term "multiracial" on forms requesting racial identification........................................................................HB 1295 State contracts; minority business participation...........................................................HB 230 State contracts; prohibitions; person, firm, or corporation convicted of discrimination...........................................................................................HB 304 Voting Rights Act of 1965; urge Congress apply provisions to every state.................................................................................................................HR 1085 Women's fastpitch softball programs in schools; urge athletic associations to offer......................................................................................................HR 1087 Year of American Indian; urge President to proclaim 1992......................................HR 1204
ESCO, DICK;commend......................................................................................................HR 667
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5990
INDEX
ESTATES Disposition of unclaimed property; amend provisions................................................HB 1397 Lost or destroyed will; copy accepted for probate........................................................HB 440
- Lost or destroyed will; presumption of revocability; applicability ..............................SB 828 Self-proved will; testator and witnesses; affidavits.......................................................HB 556 Title insurance; regulate..................................................................................................HB 2032 Torts; Elimination of Double Recoveries Act; enact...................................................HB 1330 Unrepresented; temporary administrator; appointment; powers ..............................HB 2037 Year's support; certain items; delete provisions............................................................HB 541
EUHARLEE, CITY OF; mayor; term...........................................................................HB 1628
EUROPEAN PEACE PILGRIMAGE; commend.....................................................HR 1229
EVANS COUNTY Board of commissioners; reapportion............................................................................HB 1457 Board of education; reapportion ....................................................................................HB 1456
EVERETT, GEORGE SAMUEL; commend...............................................................HR 1272
EVIDENCE Civil practice; deposition; examination of defendant to action.................................HB 1524 Civil practice; deposition or discovery; sanctions........................................................HB 1424 Civil practice; depositions by telephone..........................................................................HB 729 Civil practice; depositions; plaintiff attend examination ...........................................HB 1218 Common-law marriage; proof; certain evidence required.............................................HB 539 Criminal procedure; disclosure; exceptions...................................................................HB 1782 Criminal procedure; discovery; witness statement........................................................HB 714 DNA data bank for sexual offenders; provisions............................................................SB 594 Domestic violence cases; spouse compelled to testify...................................................HB 447 Exhibits in trials; prohibit public inspection...............................................................HB 1591 Expert testimony; amend provisions.............................................................................HB 1547 Georgia Bureau of Investigation; written scientific reports............................................SB 59 Law enforcement officers; complaints against; establish criteria................................HB 854 Law enforcement officers; witness fees...........................................................................HB 148 Medical malpractice; expert witness; qualifications......................................................HB 621 Personal care homes; evidence in mitigation and explanation..................................HB 1080 Police officers; witness fees...............................................................................................HB 161 Psychologists or psychiatrists and patients; privileged communications.............................................................................................................HB 1435 Revise Code............................................................................................................................SB 51 Witness fees; pay certain law enforcement officers.....................................................HB 1830
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX Alcohol, distilled spirits, table wines, and dessert wines; first sale, use, or final delivery...................................................................................HB 1741 Alcoholic beverage caterers; licensing; prohibitions.......................................................SB 319 Alcoholic beverages; increase..........................................................................................HB 1636 Cigarettes; increase...........................................................................................................HB 1639 Hotels and motels; certain authorities..........................................................................HB 1212 Hotels and motels; certain counties and municipalities; authorization to levy....................................................................................................HB 1850 Hotels and motels; certain municipalities; additional levy........................................HB 1836 Limit reimbursement to dealers.....................................................................................HB 1146 Malt beverages; production for home consumption........................................................HB 62 Public accommodations; nonprofit organizations............................................................HB 57 State and county; solid minerals severance....................................................................HB 696
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INDEX
5991
EXECUTIONS AND JUDICIAL SALES Civil actions; registered or certified mail; filing determined by postmark.....................................................................................................................HB 698 Civil practice; stay of proceedings; certain federal provisions.....................................HB 720 Legal advertising; official organ provisions ..................................................................HB 1545 Sheriffs; fees; clerks' recording fees..................................................................................SB 496 Tax executions; surety bond for condemnation money................................................HB 341 Tax sale; right to redeem property; expiration............................................................HB 1095
FAIRBURN, CITY OF; franchises; authorize.............................................................HB 1949
FAITH TABERNACLE UNITED PENTECOSTAL HOLINESS CHURCH OF GOD, INC.; congratulate............................................HR 683
FAMILY (Also, see Domestic Relations) Aid to dependent children; certain ineligibility; exception........................................HB 1509 Aid to dependent children; preschool age child; provisions.......................................HB 1312 Aid to families with dependent children; all welfare benefits; Department of Human Resources make study........................................................HB 1511 Aid to families with dependent children; certain incremental benefits; eliminate.........................................................................................................HB 1510 At-risk children and youth; establish goals.....................................................................SB 104 Children and youth; community innovation zones; designate...................................HB 1050 Children and Youth Overview Committee; create..........................................................SB 105 Children in foster care; periodic reviews.........................................................................HB 662 Children in foster care; periodic reviews .........................................................................SB 315 Children, youth, family issues; urge presidential candidates to identify their position on each .....................................................................................HR 912 Commission on Women; create.........................................................................................HB 654 Compensation of crime victims; Criminal Justice Coordinating Council serve as Crime Victims Compensation Board..............................................SB 751 Crime of incest; limitation on prosecutions......................................................................HB 28 Day-care centers; employees' records checks; National Crime Information Center.......................................................................................................HB 2018 Demonstration family resource center program; create..............................................HB 1074 Dependent children receiving aid; mandatory school attendance; exception..........................................................................................................................HB 895 Deprived child; foster care; periodic reviews..................................................................HB 519 Domestic violence or protective order violations; arrest without warrant...............................................................................................................HB 298 Employees; certain family or medical leave...................................................................HB 510 Family preservation and child protection; pilot projects; amend provisions..........................................................................................................HB 1981 Family violence; law enforcement officers; reports and training ..............................HB 1763 Georgia At-risk Children, Youth, and Family Services Inventory; relative to......................................................................................................HR 948 Gun safety training for children; urge campaign to educate adults.........................HR 1007 Handicapped parking; temporarily handicapped person redefined.............................SB 643 Home Delivered Meals, Transportation Services to the Elderly, and Preschool Children with Special Needs Fund; create......................HB 1542 Joint Study Committee for the Well-being of Georgia's Children; create...............................................................................................................HR 333
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5992
INDEX
FAMILY (Also, see Domestic Relations) (Continued) Joint Study Committee on Children and Youth; re-create..........................................HR 816 Offenses of fornication and adultery; repeal; define adultery.....................................HB 846
- Public assistance; food stamp recipients; photo identification....................................HB 893 Quality basic education; Youth Apprenticeship Program; eligibility .......................HB 1931 Special Program of Services for At-Risk Children and Their Families Act; enact.......................................................................................................HB 1073 State budget; items affecting children; budget unit heads; submit separate children, youth, and families budget............................................HB 1798 State Commission on Family Violence; create................................................................SB 703 State employees; family leave; provisions.......................................................................SB 831 Violence; amend provisions................................................................................................SB 572 Welfare reform; urge study by House...........................................................................HR 1181 Year's support; certain items; delete provisions............................................................HB 541
FANNIN COUNTY 9 AND 10 YEAR OLD GIRLS BASKETBALL TEAM; commend............................................................................ HR 1209
FARGO, CITY OF; charter provisions...........................................................................HB 1916
FARMS AND FARM PRODUCTS Agricultural products; delete dairy products from definition ......................................SB 519 Agricultural products; payment by dealer to producer..............................................HB 1241 Aquaculture Development Act; repeal; reenact..............................................................SB 630 Certain agricultural, farm, and crop definitions; Humane Care for Equines Act; enact...........................................................................................SB 520 Commercial Code; security interest in crops; sharecroppers.....................................HB 1420 Commercial Code; security interests in crops; priority...............................................HB 1415 Commercial feeds; amend provisions.............................................................................HB 1200 Commercial fertilizers; use of sludge; approval...........................................................HB 1955 Cruelty to animals; define offense.................................................................................HB 1691 Drivers' licenses; migrant farm workers; exemption...................................................HB 1138 Farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and representatives; General Assembly regulate - CA...................................................................................SR 486 Farm wineries in state; wine in bond; sell to each other.............................................HB 756 Grain dealers; license fees...............................................................................................HB 1198 Honeybees; compensation for destroyed colonies........................................................HB 1195 Irrigation contractors; licensing........................................................................................HB 559 Labels for agricultural seeds; show year produced......................................................HB 1747 Motor vehicles; failure to secure load; points ..............................................................HB 1487 Ostrich farming; urge feasibility study............................................................................HR 772 Perishable Agricultural Commodity Act; provide........................................................HB 1414 Sales tax; exempt food.......................................................................................................HB 401 Sales tax exemption; bulk curing tobacco barns..........................................................HB 1484 Sales tax; farm equipment repair; exempt from definitions......................................HB 1419 Sales tax; food consumed off premises; exemption.......................................................HB 105 Sales tax; food consumed off premises; exemption - CA...............................................HR 10 Standing timber; purchase reports to tax assessors; disclosure.................................HB 1867 Standing timber; sales and harvests; when taxable.....................................................HB 1834 Uniform Commercial Code; definitions; provisions.....................................................HB 1086 Warehouses; license and inspection fees.......................................................................HB 1225 Wineries; Sunday sales; remote tasting rooms...............................................................HB 676
FAYETTE COUNTY Board of commissioners; compensation ...........................................................................SB 827 Board of commissioners; districts .....................................................................................SB 868 Economic development authority; create......................................................................HB 2050 Regional development centers; ratify certain transfer....................................................HR 79
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INDEX
5993
FAYETTEVILLE, CITY OF; mayor and council; elections.....................................HB 1606
FEDERAL GOVERNMENT Ad valorem tax; fair market value; state or federal restrictions on property use..........................................................................................HB 233 Amateur radio operators; antennae installation; restrictive covenants....................HB 1713 Bicycle and pedestrian facilities; Department of Transportation request funds from Federal Highway Administration............................................HB 1036
Cable industry; competition in marketplace; urge United States Congress to enact legislation.........................................................................................HR 261
Children, youth, family issues; urge presidential candidates to identify their position....................................................................................................HR 912
Commercial vehicle registration; reciprocal agreements; deadlines..........................HB 1686 Congressional districts; reapportion...............................................................................HB 1404 Constitutional convention; prohibit Congress from certain expenditures.................HR 937 Day-care centers; employees' records checks; National Crime
Information Center.......................................................................................................HB 2018 Disaster Emergency Relief Fund; create - CA...............................................................HR 106
Disrespect to flag; sanctions; urge United States constitutional convention...............................................................................................SR 151
Earth Summit; endorse and urge President Bush to attend.....................................HR 1187 Elected officials; limit terms - CA...................................................................................HR 676 Elections Code; presidential electors; amend provisions..............................................HB 907 Employees' Retirement System; certain former employees of Centers
for Disease Control; creditable service........................................................................HB 913 Federal Budget Enforcement Act of 1991; urge Congress amend ..............................HR 836 Federal budget not balanced; Constitutional convention to
prohibit adopting............................................................................................................HR 975 Federal Commercial Motor Vehicle Safety Act of 1986; urge
exemption of local government drivers.......................................................................HR 947 Funding for federally mandated programs; urge Georgia
Congressional delegation take certain action.............................................................HR 813 Guadalcanal veterans; urge Congress recognize and honor ..........................................SR 505
Health care; urge Congress to enact universal-coverage national health plan.......................................................................................................HR 711
Health insurance; uniform claim form; urge Congress to require...............................HR 779 Henry Ossian Flipper; commemorative postage stamp; urge issuance
by Postmaster General...................................................................................................HR 345 Income tax; capital gains adjustment..............................................................................HB 456 Income tax credit; uncompensated indigent health care............................................HB 1083 Independent republics of the former Soviet Union; urge airlift of food ...................HR 692 Insurance; medicare supplement; regulate.......................................................................SB 564 Medical care expenses; gross income deduction; urge Congress authorize................HR 725 Medical insurance cost; gross income deduction; urge Congress
authorize...........................................................................................................................HR 724 Monorail people mover for the Buckhead area; urge United States
funding for study............................................................................................................HR 597 Operation Desert Storm; multinational coalition; appreciation...................................SR 133 Prayer in public schools; urge legislation by Congress to allow................................HR 1169 Presidential preference primary; change date................................................................HB 196 Private property rights; certain legislation; urge Congress enact...............................HR 998 Property; public road purpose; wetland mitigation.......................................................HB 674 Public assistance; food stamp recipients; photo identification....................................HB 893 Public Revenue Code; reference date; Federal tax code............................................HB 1299 Reapportionment; Congressional districts..................................................................HB 23EX Reapportionment; Congressional districts..................................................................HB 25EX Reapportionment; Congressional districts..................................................................HB 33EX Reapportionment; Congressional districts..................................................................HB 35EX
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5994
INDEX
FEDERAL GOVERNMENT (Continued) Reapportionment; Congressional districts....................................................................HB 1525 Reapportionment; Congressional districts....................................................................HB 1657
- Reapportionment; Congressional districts.....................................................................SB 2EX Reapportionment; Congressional districts .......................................................................SB 705 Sales tax exemption; durable medical equipment and prosthetic devices; certain purchases..............................................................................................HB 332 Savannah River; Department of Energy site; new production reactor; support...........................................................................................................HR HEX Savannah River nuclear plant; relative to..................................................................HR 53EX Savannah River Site; decontaminate and restore area; oppose restart of "K" nuclear reactor; urge Congress ...........................................................HR 860 Social security number required for school enrollment.................................................SB 507 Social security recipients; outside income; urge not limiting....................................HR 1166 Surface Transportation Efficiency Act of 1991; express support...........................HR 69EX Surface Transportation Reauthorization Act; urge United States passage..................SR 98 Tennessee Valley Authority; payments; change apportioning method....................HB 1034 Torts; Elimination of Double Recoveries Act; enact...................................................HB 1330 Veterans' hospitals; urge Congress oppose use by nonveterans...................................SR 444 Voting Rights Act of 1965; urge Congress apply provisions to every state.............HR 1085 Wetlands; federal manual; urge Congress to mandate changes..................................HR 114 Year of American Indian; urge President Bush to proclaim 1992............................HR 1204
FEDERATION OF SOUTHERN COOPERATIVES/LAND ASSISTANCE FUND; 25th anniversary; commend...............................................HR 1000
FHA/HERO DAY AT CAPITOL; proclaim 2/11/92...................................................HR 810
FIDUCIARIES Administrator, executor, or guardian; distributing fiduciary; commission.....................................................................................................................HB 1521 Executors and trustees; certain investments; authorize.............................................HB 1821 Fiduciary powers; incorporation by citation; repealed statute.....................................SB 670 Powers incorporated by reference; certain Code provision........................................HB 1249 Self-proved will; testator and witnesses; affidavits.......................................................HB 556
FINANCIAL INSTITUTIONS Electronic funds transfer; certain tax payments .........................................................HB 1395 Financial institutions and attorneys; trust accounts...................................................HB 1097 Georgia Security for Public Deposits Act; enact.........................................................HB 1096 Housing and Finance Authority; amend provisions; Hospital Financing Authority; repeal provisions........................................................................SB 600 Housing authorities; investments; change provisions..................................................HB 1067 Insurers; investments and surplus lines provisions; health insurance; spousal coverage.........................................................................................HB 1532 Intangible tax; exempt certain stock.............................................................................HB 1655 Intangible tax; repeal Code chapter...............................................................................HB 1877 Investment of state funds; South Africa; prohibitions.................................................HB 101 Investment of state funds; South Africa; prohibitions.................................................HB 102 Real estate appraisers; classification; exemptions..........................................................SB 536 Real estate appraisers; classification; exemptions..........................................................SB 613 Real estate; trust or escrow accounts; federally insured ............................................HB 1283 Retirement and pension funds; prohibit investments in institutions with outstanding loans to South Africa.................................................HB 156
FIRE PROTECTION Blasters; licensing provisions..........................................................................................HB 1485 Certain public employees; indemnification; $100,000...................................................HB 705 Corrections Department; certain facilities; fire safety regulations...........................HB 1174
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INDEX
5995
FIRE PROTECTION (Continued) Department of Public Safety; amend provisions..............................................................SB 74 Firemen's Pension Fund; certain insurance premium tax .........................................HB 1796 -Firemen's Pension Fund; certain members; creditable service....................................HB 634 Firemen's Pension Fund; continued membership; certain persons ............................HB 711 Firemen's Pension Fund; repeal certain exemptions..................................................HB 1593 Firemen's Pension Fund; spouse's benefits; provisions................................................HB 635 Fireworks; certain types; sales........................................................................................HB 1035 Gasoline or diesel fuel pump nozzles; safety devices.....................................................SB 609 Georgia Certified Fire Investigators Act; enact.............................................................HB 969 Georgia Prescribed Burning Act; enact............................................................................SB 543 Insurance Commissioner; certain fees; comprehensive revisions...............................HB 1297 Manufactured and mobile homes; dealers and installers; licensure.........................HB 1039 Motor vehicle insurance; accidents involving firemen or emergency medical technicians; surcharge................................................................HB 1416 Nursing homes; certain sprinkler system; requirement.................................................SB 182 Safety standards; revise provisions................................................................................HB 1503 Special license plates; firefighters; amend provisions...................................................HB 613 Sprinkler system; certificate of competency; revocation............................................HB 1642
FIREARMS Ammunition; selling to person under age 16; prohibit.................................................HB 859 Concealed weapons; state court solicitors; authorization to carry............................HB 1120 Crimes; carrying deadly weapon at school or school function; penalty ...................HB 1755 Disposition of property; forfeiture; certain offenses ...................................................HB 1446 Driver's license or identification card; dealer test for retroreflective finish.......................................................................................................HB 786 False or facsimile bombs; prohibitions............................................................................HB 107 Fishing; amend provisions...............................................................................................HB 1324 Game and fish; wildlife; amend provisions...................................................................HB 1322 Gun safety training for children; urge campaign to educate adults.........................HR 1007 Gun safety training for children; urge education of adults .......................................HR 1090 Hunting wildlife; prohibitions; designate Pogo 'Possum official state 'possum....................................................................................................HB 1548 License to carry; amend provisions.....................................................................................SB 45 Murder committed with firearm; death penalty..........................................................HB 1488 Peace officer provisions; amend ..........................................................................................SB 53 Pistol or revolver; license to carry; five-hour training..................................................HB 460 Pistols and revolvers; sales by dealer; required procedure ..........................................HB 278 Possession; prohibitions; exempt trial court clerk.......................................................HB 1569 Possession; those prohibited; identification method.....................................................HB 640 Regulation by state; exclusions.........................................................................................HB 375 Sales; instant background check; regulations..................................................................SB 150 Storage in locked container...............................................................................................HB 277 Storage in locked container.............................................................................................HB 1154 Students and possessions; authorized searches on school property..........................HB 1992 Weapons or explosives; prohibit at school and on bus..................................................SB 563
FIREFIGHTERS RECOGNITION DAY; 20th annual; commend .........................HR 796
FIRST BAPTIST CHURCH OF SYLVESTER; commend ..................................HR 1198
FISH AND FISHING (Also, see Game and Fish) Amend fee provisions; registration of vessels; increase fees......................................HB 1392 Amend provisions .............................................................................................................HB 1324 Aquaculture Development Act; repeal; reenact..............................................................SB 630 Catch-out pond; definition and provisions...................................................................HB 1947 Certain municipalities; binding contracts; nonprofit aquariums...............................HB 1555
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5996
INDEX
FISH AND FISHING (Also, see Game and Fish) (Continued) Hunting, fishing, and trapping license agents; self-insurance fund; defalcation.............................................................................................................HB 708
_ K. T. Kennedy Reef; designate ........................................................................................HR 500 Possession limits; prohibit transfer at sea....................................................................HB 1660 Trout waters without seasons; add certain streams.......................................................SB 672 Wildlife; hunting and fishing privileges; suspension...................................................HB 1365
FITE, DORIS "WOODIE"; commend............................................................................HR 886
FITZGERALD, CITY OF; Fitzgerald-Ben Hill County Charter Commission; create..............................................................................................HB 985
FLAGS Disrespect to flag; sanctions; urge United States constitutional convention...............................................................................................SR 151 House State Flag Redesign Study Committee; create....................................................HR 25 State flag; change design.....................................................................................................HB 53 State Flag Commission; create .........................................................................................HR 649 State flag; redesign; nonbinding referendum .................................................................HR 650
FLEMING, BILLIE S., SR.; commend........................................................................HR 1033
FLEMING, HOLDEN; commend...................................................................................HR 1103
FLINT JUDICIAL CIRCUIT; add judge...................................................................HB 2094
FLOYD COUNTY Board of commissioners; terms.......................................................................................HB 1862 Central accounting system; population brackets............................................................SB 738 Convey property..................................................................................................................SR 407 County manager recommend certain appointments....................................................HB 1876 Homestead exemption; $5000 .........................................................................................HB 1704 Homestead exemption; certain residents......................................................................HB 2076 Homestead exemption; school district taxes; certain residents.................................HB 1705 Hospital authority; vacancies..........................................................................................HB 1831 Rome-Floyd County Commission on Children and Youth; membership.................HB 1928
FOOD Agricultural products; delete dairy products from definition ......................................SB 519 Alcoholic beverage caterers; licensing; prohibitions.......................................................SB 319 Aquaculture Development Act; repeal; reenact..............................................................SB 630 Certain fish; possession limits; prohibit transfer at sea.............................................HB 1660 Dairy manufacturers; exempt certain retail establishments......................................HB 1194 Labeling; spring water; definition..................................................................................HB 1497 Nonprofit food sales and service; county or city permits; requirements; prohibitions.............................................................................................SB 460 Retail groceries; price on package......................................................................................HB 31 Sales tax exemption............................................................................................................HB 401 Sales tax exemption; charitable purposes.......................................................................HB 365 Sales tax exemption; food and telephone service..........................................................HB 154 Sales tax exemption; food consumed off premises........................................................HB 105 Sales tax exemption; food consumed off premises - CA................................................HR 10 Smoking in food establishments; prohibitions...............................................................HB 432 Uniform Commercial Code; definitions; provisions.....................................................HB 1086
FORD, REVEREND AUSTIN AND EMMAUS HOUSE; commend................HR 1145
FORDHAM, W. C. "BILL"; commend ...........................................................................HR 660
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INDEX
5997
FORECLOSURE Real estate transfer tax; exempt foreclosure sale........................................................HB 1464 Tax sale; right to redeem property; expiration............................................................HB 1095
FOREIGN GOVERNMENTS Commercial vehicle registration; reciprocal agreements; deadlines..........................HB 1686 Independent republics of the former Soviet Union; urge airlift of food...................................................................................................................HR 692 Insurance investments; Israeli securities; authorize....................................................HB 1326 Investment of state funds; South Africa; prohibitions.................................................HB 101 Investment of state funds; South Africa; prohibitions.................................................HB 102 Retirement and pension funds; prohibit investments in institutions with outstanding loans to South Africa.................................................HB 156
FORESTS AND PLANT RESOURCES Aquatic Weed Control Act; enact..................................................................................HB 1552 Conservation Use Valuation Advisory Group; commend...........................................HR 1105 Georgia Prescribed Burning Act; enact............................................................................SB 543 Logging trucks entering highway; warning signs for motorists; urge Department of Transportation adopt standard design....................................HR 771 Standing timber; purchase reports to tax assessors; disclosure.................................HB 1867 Standing timber; sales and harvests; when taxable.....................................................HB 1834 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia.....................................................................................................HR 225 Uniform Conservation Easement Act; enact................................................................HB 1388 Workers' compensation; rejected policies; vendors of logging services.......................SB 701
FORSYTH COUNTY Board of commissioners; districts..................................................................................HB 1320 Board of education; districts...........................................................................................HB 1319 Cumming-Forsyth County Charter Commission; create.............................................HB 2062 Homestead exemption; certain residents......................................................................HB 2063 Purchases; bid requirement; dollar amount.................................................................HB 1321
FORT OGLETHORPE, TOWN OF Redesignate as City of Fort Oglethorpe........................................................................HB 1278 Redesignate as City of Fort Oglethorpe........................................................................HB 1466
FORT VALLEY, CITY OF; Perry-Fort Valley Airport Authority; member name designee to serve in member's place..............................HB 29EX
FOSTER, DR. STEVE AND EASTSIDE MEDICAL CLINIC; commend staff................................................................................................ HR 1147
4-H DAY; recognize; invite Georgia winners and state president to House.............................................................................................................HR 673
FOWLER, JOEL; condolences.........................................................................................HR 1268
FOWLER, ROBERT "ROB" BRUCE; condolences .................................................HR 1131
FRANCHISES Multilevel distribution companies; amend provisions ................................................HB 1502 Public utilities; operating property; return for taxation ............................................HB 1671
FRANKLIN COUNTY; homestead exemption; age 65..............................................HB 1581
FRANKLIN SPRINGS, CITY OF; new charter..........................................................SB 824
FRAUD Fraudulent receipt of rental property; define offense ................................................HB 1474
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5998
INDEX
FRAUD (Continued) Theft; misappropriation of trade secrets.........................................................................SB 320 Transit tokens, cards, coins, or similar articles; alterations; prohibitions...............................................................................................HB 1471
FREEMAN, MAJOR MYRON EUGENE; commend..............................................HR 1049
FREEMAN, MISS WALTER MAE; commend...........................................................HR 682
FUEL (See Gas, Gasoline and Gas Service)
FULTON COUNTY Absentee ballots; courthouse serve as place to receive; population brackets......................................................................................................HB 1816 Ad valorem tax; collections for City of Atlanta; payment.........................................HB 1777 Ad valorem tax revenues; limitation.................................................................................SB 453 Ad valorem taxes; homestead exemption....................................................................HB 30EX Additional equalization boards; create..........................................................................HB 1114 Alcoholic beverages; Sunday sales at festivals................................................................SB 728 Annexation; restriction of rezoning; population figures ................................................SB 748 Bids; change provisions.......................................................................................................SB 556 Board of commissioners; purchasing................................................................................HB 826 Board of commissioners; residency................................................................................HB 1538 Board of education; operation of schools; population figures ......................................SB 742 Board of education; retirement system; 30 years............................................................HB 16 Board of education; semiannual retirement benefit......................................................HB 724 Board of health; implement injury prevention measures...........................................HB 1817 Branch banks; counties adjacent to parent bank; revise population figure..............................................................................................................SB 839 Building within 500 feet of lake; repeal certain Act...................................................HB 1364 Campus defined; population figures.................................................................................SB 749 Certain counties; bond elections; provisions...................................................................HB 498 Certain judicial salaries; change population figure ........................................................SB 806 City of Atlanta and Fulton County Recreation Authority; amend provisions..........................................................................................................HB 1363 City of Atlanta and Fulton County Recreation Authority; redefine project.............................................................................................................HB 1835 City of North Fulton County; incorporate......................................................................SB 452 City of South Fulton County; incorporate.......................................................................SB 451 Commission chairman; limit terms...................................................................................SB 226 Convey property..................................................................................................................SR 414 County administrator; appointment by probate judge; population figure .................SB 753 County manager; authorization; population figures.......................................................SB 743 County registrar; appointment; change population figure ............................................SB 807 Deposit of certain funds in treasury; change population figure...................................SB 799 Education districts; reapportion.....................................................................................HB 1740 Elections; ballots include certain candidate's chief deputy; poll officers' compensation..........................................................................................HB 2057 Employee pension rights; change population figures.....................................................SB 789 Governing authority; code of ethics.................................................................................HB 932 Grand or trial jurors; eligibility to serve again............................................................HB 1178 Homestead exemption; $10,000 ......................................................................................HB 1553 Homestead exemption; age 70........................................................................................HB 1411 Homestead exemption; certain residents......................................................................HB 1654 Homestead exemption; certain residents....................................................................HB 31EX Homestead exemption; school district taxes................................................................HB 1820 Housing authority; resident commissioner ......................................................................SB 585 Indigent defense; change population figure.....................................................................SB 809
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INDEX
5999
FULTON COUNTY (Continued) Intangible recording tax; commission for collection; change population figures.........................................................................................................HB 2043 Joint city-county boards of equalization; create..........................................................HB 1653 Joint city-county boards of tax assessors; repeal certain Acts..................................HB 1537 Jury clerk appointment; change population figure ........................................................SB 794 Justice of the peace emeritus; change population figure ..............................................SB 805 Law library funds; repeal provisions .............................................................................HB 1783 Legal advertisements; publication..................................................................................HB 1952 Magistrate court; additional magistrates.........................................................................SB 548 New landfill site; prohibit ..................................................................................................SB 270 Office of county manager; create......................................................................................HB 725 Office of county manager; create................................................................................----HB 726 Office of county treasurer; repeal Act abolishing...........................................................SB 739 Personal property sales other than at courthouse; change population figure................................................................................................SB 800 Police department pensions; change population figure..........................................--SB 797 Probation system employees; membership in local retirement system; change population figure..................................................................................SB 795 Property condemnation; assessors' costs; change population figures...................--.HB 2044 Public safety radio services; change population figure..................................................SB 801 Retired policemen and firemen; pensions; change population figure..........................SB 792 Sheriff; authority to deposit certain funds; change population figure.--.................HB 2054 South Fulton Tennis Center; venue for 1996 Olympic tennis competition; endorse......................................................................................................HR 367 Superior court clerks; fees; population classification.....................................................SB 317 Superior court clerks; fees; population classification.....................................................SB 318 Superior court clerks; retirement fund payments; change population figure.........................................................--.......................................--....SB 798 Tax assessments; appeals and reviews ..........................................................................HB 1118 Volunteer legal service agencies; fees...........................--...............................................SB 627 Zoning review procedures; change population figures ................................................HB 2045
FUNERAL DIRECTORS Funeral directors and embalmers; amend provisions..........--...................................HB 1349 Funeral directors and embalmers; apprenticeship; registration..................................HB 576 Crematories; licensing; exception...................................................................................HB 1472 Dead bodies; prohibit incineration; exception..............................................................HB 1203 Funeral establishments; amend provisions...................................................................HB 2136 Funeral home; property dedicated for cemetery; requirements...................................SB 236
FUTURE BUSINESS LEADERS OF AMERICA-PHI BETA LAMBDA, INC.; commend..............................................................................HR 688
G
GAMBLING Casino gambling; authorization; Gaming Commission; create.......................................HB 58 Casino gambling; provide - CA...........................................................................................HR 24 Cockfighting; provide for felony offense...:.....................................................................HB 871 Dog racing; authorize pari-mutuel wagering.....................................................................HB 54 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Horse racing; authorize pari-mutuel wagering--..............................................................HB 55 Horse racing; provide for pari-mutuel wagering - CA.................................................--HR 22
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6000
INDEX
GAMBLING (Continued) Lotteries; delete prohibitions; provide for nonprofit lottery - CA..............................HR 226 Lotteries; repeal prohibitions - CA....................................................................................HR 35 Lottery materials and equipment; manufacture for use outside state; authorization..........................................................................................................SB 475 Lottery materials and equipment; out-of-state sales; number of free replays....................................................................................................................HB 50 Pari-mutuel racetracks and wagering; authorize ...........................................................HB 777 Sales tax; retail sales definition; add lottery tickets...................................................HB 1235 State lottery; continuation; quadrennial voter approval - CA.....................................HR 895 State lottery for education construction trust fund; provide - CA.............................HR 181 State lottery; indigent care and educational purposes - CA..........................................HR 36 State lottery; provide for educational purposes - CA.....................................................HR 34 State lottery; provisions.....................................................................................................HB 780 State lottery; provisions...................................................................................................HB 1541
GAME AND FISH Amend fee provisions; registration of vessels; increase fees......................................HB 1392 Aquaculture Development Act; repeal; reenact..............................................................SB 630 Catch-out pond; definition and provisions...................................................................HB 1947 Certain fish; possession limits; prohibit transfer at sea.............................................HB 1660 Falconry; amend provisions.............................................................................................HB 1418 Fishing; amend provisions...............................................................................................HB 1324 Georgia Prescribed Burning Act; enact............................................................................SB 543 Hunting, fishing, and trapping license agents; self-insurance fund; defalcation.............................................................................................................HB 708 Hunting wildlife; prohibitions; designate Pogo 'Possum official state 'possum....................................................................................................HB 1548 K. T. Kennedy Reef; designate........................................................................................HR 500 Live fox; trapping and selling; provisions.....................................................................HB 1668 Property posted against hunting; mark trees with royal purple paint ......................HB 745 Trout waters without seasons; add certain streams.......................................................SB 672 Wildlife; amend provisions..............................................................................................HB 1322 Wildlife; hunting and fishing privileges; suspension...................................................HB 1365
GARDEN CITY, CITY OF Corporate limits................................................................................................................HB 2161 Recorder's court; fines .....................................................................................................HB 2162
GARNISHMENT; state and political subdivisions; charges for answering...............HB 384
GAS, GASOLINE AND GAS SERVICE Automobile industry; imposition of certain standards; urge Congress reject........................................................................................................SR 490 Construction codes; liquefied petroleum gas; reenact provisions..............................HB 1308 Gasoline or diesel fuel pump nozzles; safety devices.....................................................SB 609 Hazardous waste; petroleum contaminated soil; permissible limits.........................HB 2095 Joint Study Committee on Gasoline Marketing; create...............................................HR 248 MARTA; alternative fuels plan; provide by January 1, 1992......................................HB 881 Municipal Gas Authority; membership; amend provisions...........................................SB 720 Natural gas; certain retail sales; not under jurisdiction of Public Service Commission .........................................................................................HB 1633 Products containing alcohol; label...................................................................................HB 564 Public Service Commission; special fees; method of calculating.................................HB 901 Underground storage tank; define; trust fund provisions............................................HB 743
GATEWOOD SCHOOLS, INC. Baseball team; commend...............................................................................................HR 18EX
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INDEX
6001
GATEWOOD SCHOOLS, INC. (Continued) Debate team; commend.................................................................................................HR 19EX Girls' track team; commend..........................................................................................HR 17EX
GEARING, REVEREND C. D., JR.; commend.............................................l.........HR 88EX
GENERAL ASSEMBLY Adjourn 8/31/91; reconvene 9/4/91.................................................................................SR 4EX Adjourn 1/17/92; reconvene 2/3/92..................................................................................HR 642 Adjourn 2/7/92; reconvene 2/10/92..................................................................................HR 830 Adjourn 2/14/92; reconvene 2/17/92.................................................................................SR 476 Adjourn 2/21/92; reconvene 2/24/92................................................................................HR 929 Adjourn 2/28/92; reconvene 3/2/92..................................................................................HR 992 Adjourn 3/6/92; reconvene 3/11/92................................................................................HR 1018 Adjourn 3/12/92; reconvene 3/18/92..............................................................................HR 1038 Adjourn 3/20/92; reconvene 3/23/92..............................................................................HR 1106 Adjourn 3/25/92; reconvene 3/30/92..............................................................................HR 1182 Adjourn sine die 9/5/91.................................................................................................HR 87EX Adjourn sine die 3/31/92 .................................................................................................HR 1263 Air travel costs; reimbursement.....................................................................................HB 1311 Annexation; comprehensive revision of provisions; unincorporated islands...................................................................................................HB 113 Appropriations bills; time period before consideration..............................................HB 1191 Bill mandating action by local government; pass only if funded - CA.................................................................................................................HR 873 Campaign contributions during legislative session; reporting...................................HB 1565 Campaign contributions; elected officials; limitation.......................................................SB 18 Campaign contributions; limitations ....................................................................................SB 4 Candidates; residency qualifications; jurisdiction........................................................HB 1690 Certain committees; subpoena powers ..............................................................................HB 59 Certain municipal offices; commencement; General Assembly provide.....................HB 934 Claims against state; introduction of resolutions in Senate ...........................................SB 16 Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law - CA........................................HR 33 Continuances; absence of attorney; General Assembly staff ........................................SB 310 County offices; nonpartisan elections; provide by local law........................................HB 500 Education; five-year budget Act; adopt - CA...............................................................HR 1248 Elected officials; limit terms - CA...................................................................................HR 676 Employees' Retirement System; creditable service; certain part-time employment...................................................................................................HB 972 Ethics training courses; provisions.................................................................................HB 1648 Expense accounts; documentation ...................................................................................HB 119 Filing of bills and resolutions when not in session; provisions.................................HB 1845 Fiscal year; April 1-March 31; authorization - CA..........................................................HR 32 Former members; identification cards..............................................................................SB 220 Four-year terms - CA.........................................................................................................HR 861 General appropriations; FY 1992-93..............................................................................HB 1261 General Assembly and Lieutenant Governor; four-year terms; limit service - CA............................................................................................................HR 872 Governor's veto; three-day session for overriding - CA..................................................HR 21 Honorariums; prohibitions.................................................................................................SB 480 January and August sessions - CA...................................................................................HR 935 Joint Session; Governor's message...................................................................................HR 638 Joint Session; Governor's message...................................................................................HR 640 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges ............................................................................................HR 639 Joint Session; message from Chief Justice of Supreme Court....................................HR 641 Joint Session; message from Robert Edward Turner III; invite Governor................HR 814
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6002
INDEX
GENERAL ASSEMBLY (Continued) Legislative fiscal oversight committee; create; state auditor; powers..........................SB 410 Legislative Retirement; increase allowance....................................................................HB 552 Legislative Retirement; monthly service allowance.......................................................HB 710 Legislative Retirement; return to service; less than 1040 hours.................................HB 310 Legislators; create staggered terms; limit service - CA.................................................HR 671 Lobbying; registration of representatives of state agencies...........................................HB 20 Lobbying; registration of representatives of state agencies............................................SB 55 Lobbyists; change registration from Secretary of State to State Ethics Commission................................................................................................SB 704 Local bills; intention to introduce; notice to governing authority..............................HB 565 Local expenditures and tax increases; General Assembly limit by law - CA............................................................................................................HR 721 Members; full-time officials; salary supplement..........................................................HB 1043 Municipal elections; terms; change by local law............................................................HB 467 Notify Governor; General Assembly convened............................................................HR 2EX Notify Governor; General Assembly convened...............................................................SR 360 Practice of law; regulation; General Assembly provide by law - CA..........................HR 670 Public Officials Conduct and Lobbyist Disclosure Act; enact...................................HB 1125 Quality basic education; certain officials and employees; serve as substitute teacher............................................................................................HB 625 Reapportionment; House of Representatives...............................................................HB SEX Reapportionment; House of Representatives...............................................................HB 1337 Reapportionment; House of Representatives...............................................................HB 1340 Reapportionment; House of Representatives...............................................................HB 1407 Reapportionment; House of Representatives; districts 102, 132, 133, 135, 136.....................................................................................................................SB 174
Reapportionment; relative to statistically adjusted census population figures.......................................................................................................HR 89EX
Reapportionment; Senate................................................................................................HB 1406 Reapportionment; Senate.................................................................................................SB 1EX
Reapportionment; Senate...................................................................................................SB 566 Reapportionment; Senate...................................................................................................SB 567
Recordation and transcription of sessions and certain committee meetings......................................................................................................HB 1806
Reduce compensation; employee furlough days..............................................................SB 510
Revenue bills; originate in either House - CA..................................................................SR 13
Special facilities by Department of Human Resources; certain notification required.......................................................................................................HB 573
Special residency requirements - CA...............................................................................HR 864 Standing committee chairmen; compensation..............................................................HB 1038
State agencies; certain programs; periodic review.........................................................HB 818
State and local government; public officials; stationery contain phone number...................................................................................................HB 955
State Board of Education and state school superintendent; appointment - CA...........................................................................................................HR 525
State government; lobbyists; limitations.........................................................................HB 855 State Properties Commission; acquisitions; reports; budget estimates.......................SB 638
State Revenue Estimate Board; create - CA................................................................HR 1027 Supplemental appropriations; FY 1991-92...................................................................HB 1EX
Supplemental appropriations; FY 1991-92.....................................................................HB 286 Supplemental appropriations; FY 1991-92...................................................................HB 1126
Supplemental appropriations; FY 1991-92...................................................................HB 1127 Supplemental appropriations; FY 1991-92...................................................................HB 1262
Transmittal of bills to Governor during session; veto messages; veto session - CA............................................................................................................HR 598
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INDEX
6003
GENEVIE DICKEY BRIDGE Designate..............................................................................................................................HR 652 Designate..............................................................................................................................HR 783
GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER Aderhold, Chairman John E.; commend.......................................................................HR 1044
GEORGE WALTON ACADEMY FOOTBALL TEAM; invite to House.............HR 730
"GEORGIA APPRECIATION DAY"; urge Governor to proclaim........................HR 1088
GEORGIA ASSOCIATION OF EDUCATORS; commend...................................HR 1142
GEORGIA BANKERS ASSOCIATION; commend ................................................HR 1149
"GEORGIA BLUEBERRY WEEK"; recognize.........................................................HR 1291
GEORGIA BUILDING AUTHORITY Department of Georgia Buildings; create .....................................................................HB 2065 Former members of General Assembly; identification cards........................................SB 220 Solid waste management; state-wide recycling program; establish for state agencies..........................................................................................HB 1872
GEORGIA CITIZENS FOR THE ARTS; commend.................................................HR 754
GEORGIA DRY HYDRANT ASSISTANCE PROGRAM; commend ..............HR 1071
"GEORGIA GERONTOLOGY MONTH"; declare October, 1992...........................HR 828
GEORGIA MOUNTAIN APPLE GROWERS ASSOCIATION Urge rental agreement.....................................................................................................HR 1097
GEORGIA NO-TILLAGE ASSISTANCE PROGRAM; commend ....................HR 1070
GEORGIA PEACH FESTIVAL Commend.............................................................................................................................HR 888 Invite representative to House.........................................................................................HR 880
"GEORGIA QUALITY MONTH"; designate October, 1992......................................SR 383
GEORGIA RECREATION AND PARKS ASSOCIATION; invite representatives to House......-......-.....--.............................................................................HR 728
GEORGIA YOUTH ASSEMBLY; commend...............................................................HR 944
"GEORGIA 500" PROJECT; support...........................................................................HR 819
GERMAN BUNDESTAG; visiting delegation; invite to House.............................HR 15EX
GILBERT, CAROLYN BEASLEY; invite to House................................................HR 1019
GILBERT, GERALD S.; commend.................................................................................HR 962
GIRL SCOUTS; commend on 80th anniversary...........................................................HR 1023
GLYNN COUNTY Alcoholic beverages; Sunday sales and sales by drink; sales in coliseums; population.....................................................................................HB 1451 Board of commissioners; districts ..................................................................................HB 1461 Board of commissioners; districts.....................................................................................SB 854 Board of education; compensation; audits....................................................................HB 2178 Board of education; districts...........................................................................................HB 1980 Board of education; districts..............................................................................................SB 855 Change Colonel's Island to Vandiver Island...................................................................SR 248 Commission on Children and Youth; commend........................................................HR 47EX
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6004
INDEX
GLYNN COUNTY (Continued) Convey property..................................................................................................................SR 408 Education districts; reapportion.....................................................................................HB 1620 Grant easement...................................................................................................................HR 788
GOEL, ANUPAM;commend.............................................................................................HR 708
GOODWIN, LILLA PRATT; condolences..................................................................HR 1035
GORDON COUNTY Board of commissioners; abolish; office of commissioner; provide...........................HB 1735 Certain property conveyance; repeal Act authorizing....................................................SR 375 Convey property..................................................................................................................HR 716 Convey property..................................................................................................................HR 841
GORDY, HONORABLE CHARLES; commend.......................................................HR 1143
GOVERNOR Authorization to order furloughs for state officers and employees ..........................HB SEX Communications....................................................................Pages 2, 4, 5, 10, 4603, 4606, 4612 Executive branch; certain agency subdivisions; name change procedure..........................................................................................................................HB 603 Georgia folklife; programs, archives, trust fund; provide.............................................HB 946 Governor and Lieutenant Governor; one six-year term - CA........................................HR 17 Governor's Commission on Long-term Care; create......................................................SR 373 Governor's Commission on Regional Health Care Issues Affecting Grady Memorial Hospital; create.................................................................................HR 224 Governor's Development Council; composition; powers................................................SB 590 Governor's Ground-water Advisory Council; create; protected fresh waters; prohibit certain vessels............................................................................SB 618 Governor's veto; three-day session for overriding - CA..................................................HR 21 Joint Session; Governor's message...................................................................................HR 638 Joint Session; Governor's message...................................................................................HR 640 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges ............................................................................................HR 639 Joint Session; message from Robert Edward Turner III; invite Governor................HR 814 Judicial Nominating Commission; provide.....................................................................HB 299 Judicial vacancies; Judicial Nominating Commission; provide assistance..........................................................................................................................HB 116 Notify Governor; General Assembly convened............................................................HR 2EX Notify Governor; General Assembly convened...............................................................SR 360 Office of Planning and Budget director; member; State Financial and Investment Commission - CA..............................................................SR 200 Proclamation calling Special Session ..........................................................................Page 4602 Public officials; vacancies in office; appointments........................................................HB 235 Public Service Commission; governor appoint members - CA....................................HR 332 State Board of Education and state school superintendent; appointment - CA...........................................................................................................HR 525 Superior court judges; Governor appoint - CA................................................................HR 37 Transmittal of bills to Governor during session; veto messages; veto session - CA ............................................................................................................HR 598
GRADY MALLARD BRIDGE; designate....................................................................HR 845
GRANT, CAROLYN; commend .......................................................................................HR 820
GRANTS Education; tuition equalization grants; approved schools..........................................HB 1287 Full-tuition scholarship program; provide......................................................................HB 515 Full-tuition scholarship program; provide.........................................................................SB 31
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INDEX
6005
GRANTS (Continued) Hospital authorities; state grants for public health purposes.....................................HB 424 Scholarships; certain offices; promote programs ...........................................................HB 695 ^Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide - CA....................................................................HR 399
GRAYSVILLE ELEMENTARY SCHOOL IN CATOOSA COUNTY; commend.......................................................................................................HR 1048
GREEN, HONORABLE GEORGE F.; commend......................................................HR 1062
GREEN INDUSTRY DAY; proclaim 1/16/92..............................................................HR 678
GREENE COUNTY Board of commissioners; chairman's compensation.......................................................SB 859 Tax commissioner; compensation......................................................................................SB 860
GREENE, REVEREND BERNITA RIVERS; commend........................................HR 659
GREENVILLE HIGH SCHOOL BOYS' BASKETBALL TEAM; commend............................................................................................................HR 1112
GREGG, JULIE; commend................................................................................................HR 669
GRIFFETH, JAMIE; commend........................................................................................HR 702
GRIFFIN, CITY OF Griffin-Spalding County; board of education; districts..............................................HB 2112 Griffin-Spalding County Development Authority; powers.........................................HB 2140
GRIFFIN, DIXIE; commend.............................................................................................HR 701
GRIFFIN JUDICIAL CIRCUIT; add judge.................................................................SB 334
GUARDIAN AND WARD Administrator, executor, or guardian; distributing fiduciary; commission...................................................................................................HB 1521 Child with living parent; appointment by probate judge...........................................HB 1564 Education; open communication; prohibit interference by local systems................HB 1761 Incapacitated adults; hearings for guardians; compensation.....................................HB 1175 Probate courts; default judgments; medical insurance; certain guardianships...................................................................................................HB 1238 Probate courts; fees for certain hearings........................................................................HB 213 Probate courts; service of minor or incapacitated adult; provisions ........................HB 1621
GUY, MRS. EDDIE BELL; commend................................................................,........HR 1242
GWINNETT COUNTY Ad valorem tax; payments; population brackets............................................................SB 633 Board of commissioners; reapportion districts.............................................................HB 2049 Board of education; districts..............................................................................................SB 762 Change organization of governing authority ...................................................................SB 413 County and school district; millage rate.........................................................................HB 663 County historian; amend provisions................................................................................HB 926 Elections; poll officers; compensation............................................................................HB 2057 Hospital authority; vacancies........................................................................................HB 10EX Hospital authority; vacancies..........................................................................................HB 1192 Legal advertisements; publication..................................................................................HB 1952 Recorder's court; solicitor and assistants....................................................................HB 17EX Recreation authority; millage rate ...................................................................................HB 664 Road improvement projects; studies and audits.............................................................SB 849 School taxes; retainage by tax collector; population brackets......................................SB 803
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6006
INDEX
GWINNETT COUNTY (Continued) Sheriffs duties; population brackets................................................................................SB 804 State court judges; qualifications.................................................................................HB 16EX
GWINNETT JUDICIAL CIRCUIT; add judge..........................................................HB 534
H
HABERSHAM COUNTY Board of education; districts..............................................................................................SB 862 Chief magistrate; provisions...............................................................................................SB 852 Deposit of funds; repeal certain provisions; population figures................................HB 2048
HACKNEY, JOHN MARVIN "PETE"; commend...................................................HR 1289
HALEY, ALEX Condolences.........................................................................................................................HR 889 In tribute............................................................................................................................HR 1066
HALEY, FRED CARLTON; commend..........................................................................HR 657
HALL COUNTY Annex property...................................................................................................................HR 645 Board of commissioners; districts ..................................................................................HB 1351 Board of commissioners; expenses.................................................................................HB 1353 Board of commissioners; vacancies................................................................................HB 2058 Board of education; districts...........................................................................................HB 1352 Civil service system; amend provisions.........................................................................HB 1094 State court; associate judge................................................................................................SB 726 Water and sewerage authority; create...........................................................................HB 2056
HALL, LYNWOOD; commend.........................................................................................HR 753
HAMILTON, CITY OF; mayor's court; provisions...................................................HB 13EX
HAMILTON COUNTY, TENNESSEE; certain property conveyances; repeal Acts authorizing.......................................................................................................SR 375
HAMILTON, HONORABLE DEWAYNE; commend.............................................HR 1234
HAMILTON, JOEY; commend........................................................................................HR 865
HAMMOND, HONORABLE JOHN W.; communication.......................................Page 116
HANCOCK COUNTY; board of commissioners; compensation.................................HB 951
HANDICAPPED PERSONS Center for the Visually Impaired; 30th anniversary; invite staff to House.......................................................................................................HR 837 Certain parking provisions; appoint handicapped persons to enforce.....................HB 2121 Covered multifamily dwelling; accessibility..................................................................HB 1847 Drivers' licenses; personal identification card for mentally retarded persons............................................................................................................HB 1937 Drivers' licenses; vision standards ......................................................................................SB 81 Employees' Retirement System; disability beneficiaries; income limitations ............................................................................................................HB 38 Fair housing; amend provisions; Commission on Equal Opportunity.........................SB 615 Georgians with Disabilities Act of 1991; enact..............................................................HB 834
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INDEX
6007
HANDICAPPED PERSONS (Continued) Governor's Commission on Long-term Care; create ......................................................SR 373 Handicapped parking; other than named person; prohibitions ...................................SB 688 ^Handicapped parking; temporarily handicapped person; redefine..............................SB 643 Human Resources Board; include physically handicapped member........................HB 1162 Incapacitated adults; hearings for guardians; compensation.....................................HB 1175 Insurance; medicare supplement; regulate.......................................................................SB 564 Medical records; access by long-term care ombudsman or Department of Human Resources..............................................................................SB 87 Mental illness; certain definitions; include gravely disabled.....................................HB 1292 Mentally retarded person; evaluation team report; time for filing...........................HB 1828 Mobility impaired persons and their service dogs; rights............................................HB 835 Motor vehicles and transportation; define certain van .................................................SB 729 Motor vehicles; special license plates; certain disabled veterans..............................HB 1758 Multifamily dwellings; specifications; handicapped persons........................................HB 522 Older Georgians' and Handicapped Transportation Task Force; create................................................................................................................................HR 457 Parking violations; penalties...........................................................................................HB 1182 Probate court; service of minor or incapacitated adult; provisions..........................HB 1621 Probationers; community service; perform tasks for handicapped or elderly................................................................................................HB 1527 Retail stores; relative to price labels on shelves............................................................HR 415 Sales tax exemption; durable medical equipment and prosthetic devices; certain purchases..............................................................................................HB 332 Self-sufficiency Trust Fund for Mentally Disabled Persons; create................................................................................................................................HB 689 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact..................................................SB 269 Technology Related Assistance Trust Fund for Individuals with Disabilities - CA .....................................................................................................SR 146
HANNA, AARON; commend ............................................................................................HR 707
HANNER, REPRESENTATIVE BOB; Chairman of House Committee on Legislative and Congressional Reapportionment; commend..............................HR 83EX
HARALSON COUNTY; board of education; districts...............................................HB 1696
HARDAWAY HIGH SCHOOL VARSITY CHEERLEADERS; commend .......HR 806
HARDY, FLOYD E.; commend....................................................................................HR 52EX
HARPER, I. W., SR.; commend........................................................................................HR 803
HARRIS COUNTY Board of education; competitive bids............................................................................HB 1864 Coroner; compensation.....................................................................................................HB 1128
HARRY LEON SIMPSON PARKWAY; designate...................................................HR 978
HART COUNTY Homestead exemption; certain residents......................................................................HB 1983 Water and sewer utility authority; create.....................................................................HB 2141
HART COUNTY HIGH SCHOOL Commend...........................................................................................................................HR 1208 Girls' basketball team; invite to House.........................................................................HR 1113
HARTWELL, CITY OF; new charter...........................................................................HB 1774
HATCHER, GEORGIA FRANCIS; condolences.........................................................HR 758
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6008
INDEX
HATLEY, ROBYN MAURICE, M.D.; commend.......................................................HR 920
HAUGHT, MARCIA LYNN; commend.........................................................................HR 704
HAVRILLA, JOHN; commend.......................................................................................HR 1265
HAZARDOUS SUBSTANCES Biomedical waste thermal treatment technology facilities; moratorium .....................HR 31 Biomedical waste thermal treatment technology facility; hazardous waste site.....................................................................................................HB 1169 Biomedical waste thermal treatment technology facility; prohibit; exception..........................................................................................................HB 381 Biomedical waste thermal treatment technology facility; prohibit permit..................................................................................................................HB 82 Community Right to Know Act; enact..........................................................................HB 1438 Environmental Facilities Authority; certain funds; solid waste loans......................HB 1391 Environmental protection; Hazardous Site Response Act; enact..............................HB 1394 Georgia Commission on Economic Conversion; create...............................................HB 2183 Hazardous substance or oil spills; actions for damages..............................................HB 1559 Hazardous waste facility; certain permits; prohibit....................................................HB 1092 Hazardous waste facility; near groundwater recharge area; prohibit.......................HB 1091 Hazardous waste management; siting facilities; provisions...........................................SB 745 Labor pools; regulation; unlawful practices; penalties................................................HB 1912 Petroleum contaminated soil; permissible limits.........................................................HB 2095 Public Employee Hazardous Chemical Protection and Right to Know Act; transfer administration to merit system..........................................HB 2029 Solid waste facility; near certain Georgia lakes; prohibit.............................................HB 784 Solid waste management; amend provisions................................................................HB 1386 Solid waste management; amend provisions; scrap tire disposal; enact provisions.............................................................................................................HB 1385 Waste management; low-level radioactive waste; provisions.........................................HB723
HEALTH Accident and sickness insurance; certain secondary conditions; coverage..........................................................................................................................HB 1132 Accident and sickness insurance; mammograms, Pap smears, and prostate specific antigen tests; coverage..............................................................HB 538 Acupuncturists; regulation ..................................................................................................HB 88 Aid to dependent children; preschool age child; provisions.......................................HB 1312 Air quality; odor-causing chemicals; emission limitations..........................................HB 1554 Amend Code provisions.....................................................................................................HB 712 Anesthesiologists; supervise four physician's assistants...............................................HB 214 Barbershops and schools; sanitary precautions; compliance......................................HB 1077 Biomedical waste thermal treatment technology facilities; moratorium .....................HR 31 Biomedical waste thermal treatment technology facility; hazardous waste site....................................................................................................HB 1169 Biomedical waste thermal treatment technology facility; prohibit; exception..........................................................................................................HB 381 Biomedical waste thermal treatment technology facility; prohibit permit..................................................................................................................HB 82 Birth certificates; adoption or legitimation; amend provisions....................................SB 601 Birth certificates; amend provisions................................................................................HB 273 Birth registration; social security numbers of parents................................................HB 1177 Blood transfusions; certain information; doctor inform patient...............................HB 1576 Boards of health; certain contracts; sealed bids and proposals...................................HB 821 Boards of health; certain counties; implement injury prevention measures.....................................................................................................HB 1817 Boards of health in certain counties; certain member; population brackets......................................................................................................HB 2027
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INDEX
6009
HEALTH (Continued) Cardiopulmonary resuscitation; candidate for nonresuscitation; amend provisions..........................................................................................................HB 1223
Cardiopulmonary resuscitation; candidate for nonresuscitation; amend provisions.............................................................................................................SB 815
Cardiopulmonary resuscitation; nonresuscitation provisions; delete certain requirement..........................................................................................HB 1953
Certificate of need; health care facilities; provider of medical assistance............................................................................................................SB 680
Certificate of need; multiple petitions for judicial review; consolidation..................................................................................................................HB 1512
Certificate of need; state health planning; judicial review............................................SB 586
Child care expenses; court-ordered reimbursement; include Department of Human Resources..............................................................................HB 1598
Child support; certain assistance past age of majority..................................................SB 360 Child support; paternity; putative father registry.......................................................HB 1277
Clinical laboratories; request by chiropractors for examination of specimens ....................................................................................................................HB 328
Clinical social worker; involuntary emergency treatment certification; evaluation team report.........................................................................HB 1068
Contact lenses; restrictions on sale by unlicensed persons...........................................SB 598 County boards of health; eighth member; provisions.................................................HB 1717
Dead bodies; prohibit incineration; exception..............................................................HB 1203 Death certificates; disposition of body permits; amend provisions..........................HB 1534
Department of Human Resources; actions against licensees; amend provisions..........................................................................................................HB 1661
Department of Human Resources; certain licensing; fee provisions.........................HB 1601
Department of Human Resources; provision of services; urge policy review..................................................................................................................HR 1040
Department of Human Resources; unmarked motor vehicles; exception..................HB 812
Department of Medical Assistance; agency rules; applicability................................HB 1069
Department of Medical Assistance; oversight of Department of Human Resources surveyors.........................................................................................HB 837
DNA data bank for sexual offenders; provisions............................................................SB 594
Emergency medical personnel; certain recertification standards; delete.................................................................................................................................SB 365
Emergency medical services; intravenous fluids on vehicles; requirements.....................................................................................................................SB 284
Employees; certain family or medical leave ...................................................................HB 510 Employees; use of legal agricultural commodities; nonworking hours.......................HB 925
Funds for the aging; committee to oversee; recommend appointment......................HR 892 Georgia Direct-Entry Midwifery Act; enact .................................................................HB 1535 Georgia Health Care Act; enact......................................................................................HB 1531
Governor's Commission on Long-term Care; create ......................................................SR 373
Governor's Commission on Regional Health Care Issues Affecting Grady Memorial Hospital; create.................................................................................HR 224
Handicapped parking; temporarily handicapped person; redefine..............................SB 643 Health and mental health; amend Code provisions......................................................HB 716
Health care; indigent and elderly patients; ventilator assistance...............................HB 130
Health care; urge Congress to enact universal-coverage national health plan.......................................................................................................HR 711
Hospice patients; pronouncement of death by registered nurse...............................HB 1857
Hospital authorities; members' country club fees; prohibit payment ......................HB 1171 Hospital authorities; state grants for public health purposes.....................................HB 424
Hospital authorities; vacancy provisions.......................................................................HB 1186 Hospital Cost Containment Law; enact........................................................................HB 1841
Hospital Financing Authority; definitions; health facilities; participating providers....................................................................................................SB 731
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6010
INDEX
HEALTH (Continued) Hospitals; perfecting lien; time period.............................................................................SB 170 Hospitals; permit to operate; insurance or bond requirement..................................HB 1513 House Department of Public Health Study Committee; create................................HR 1063 House Study Committee on Physical Fitness and Amateur Sports; create ..............HR 540 House Study Committee on the Regulation of Tattooing; create...............................HR 774 Housing and Finance Authority; amend provisions; Hospital Financing Authority; repeal provisions........................................................................SB 600 Incapacitated adults; hearings for guardians; compensation.....................................HB 1175 Income tax credit; uncompensated indigent health care............................................HB 1083 Indian burial grounds, human remains, and burial objects; protection.....................HB 457 Indigent Care Trust Fund; General Assembly provide by law - CA..........................HR 840 Individual sewage management systems; regulate.......................................................HB 1609 Inmates in detention facilities; medical services; reimbursement.............................HB 1170 Insurance; preferred provider arrangements; provisions...............................................SB 292 Insurance; state-wide preferred provider arrangement; establish.............................HB 2131 Insurance; uniform claim form; urge Congress to require............................................HR 779 Joint Children's Poison Protection Study Committee; create.....................................HR 190 Living wills; life-sustaining procedures; amend provisions..........................................HB 968 Living wills; life-sustaining procedures; conditions for withholding ...........................SB 605 Local hospital authorities; projects in other areas; operate upon request.....................................................................................................................SB 294 Marriage license; require HIV testing...........................................................................HB 1246 Marriage licenses; amend provisions .............................................................................HB 1822 Massage, State Board of; create.....................................................................................HB 1071 Massage therapists; registration; requirements............................................................HB 1070 Massage therapists; regulations........................................................................................HB 192 Medical assistance; certain drugs; prior authorization and approval.........................HB 472 Medical records; access by long-term care ombudsman or Department of Human Resources.........................................................................................................SB 87 Midlevel Practitioners for Rural Areas Assistance Act; enact ..................................HB 2013 Northeast Georgia Public Health Region Overview Commission; create ..................HR 827 Nursing facility; voluntary termination of provider agreement with Department of Medical Assistance......................................................................SB 681 Nursing homes; certain sprinkler system; requirement.................................................SB 182 Nursing homes; receivership; certain violations..............................................................SB 211 Personal care home; redefine; licensing provisions.....................................................HB 2119 Personal care homes; definitions; licensing provisions ...............................................HB 1910 Personal care homes; evidence in mitigation and explanation..................................HB 1080 Personal care homes; licensing; long-term care ombudsman........................................SB 561 Personal care homes; regulation; hospice patient; pronouncement of death by registered professional nurses ..................................................................SB 693 Personal care homes; restrictions on referrals ................................................................SB 669 Prestige license plates; licensed emergency medical technicians................................HB 838 Prostate cancer; urge physicians perform tests for early detection............................HR 782 Quality basic education; certain courses; amend provisions......................................HB 1837 Rabies control; procedures; inoculation of felines..........................................................SB 602 Schools; smoking prohibitions..........................................................................................HB 275 Simple and aggravated AIDS battery; provide for offenses; penalties.......................HB 910 Smoking; amend provisions...............................................................................................HB 728 Smoking in food establishments; prohibitions...............................................................HB 432
Special facilities by Department of Human Resources; certain notification required.......................................................................................................HB 573
Speech-language pathology aide; scope of practice........................................................SB 463
State Boxing and Wrestling Commission; create...............................................................HB 9
State Boxing and Wrestling Commission; create...........................................................HB 108
State health planning; change exemptions.....................................................................HB 617
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INDEX
6011
HEALTH (Continued) Student with infectious disease; notify certain personnel............................................HB 741 Tanning facilities; provisions............................................................................................HB 575 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact..................................................SB 269 Technology Related Assistance Trust Fund for Individuals with Disabilities - CA .....................................................................................................SR 146 Therapeutic Recreation Licensing Act; enact.................................................................SB 464 Torts; Noneconomic Damage Awards Act; enact........................................................HB 1327 Uncompensated medical care; limitation on liability....................................................HB 681 Vehicles transporting certain agents; exempt from marking requirement..............HB 1570 Venereal disease; AIDS; reports.......................................................................................HB 690
Vital records; birth certificates; include parents' social security numbers...........................................................................................................HB 1401
Workers' compensation; rehabilitation benefits; catastrophic injury.........................HB 815
HEALTH INSURANCE
Accident and sickness insurance; certain secondary conditions; coverage..........................................................................................................................HB 1132
Accident and sickness insurance; child support; coverage.........................................HB 1383 Accident and sickness insurance; individual policy; rates; loss ratio.......................HB 1334
Accident and sickness insurance; mammograms, Pap smears, and prostate specific antigen tests; coverage .....................................................................HB 538
Accident and sickness insurance; payments to provider............................................HB 1183 Accident and sickness insurance; persons over 60; continuation rights...................HB 1202 Accident and sickness insurance; spousal coverage; employee
contribution......................................................................................................................SB 786 Accident and sickness insurance; standard claim form;
payment of benefits to nonpreferred provider............................................................SB 677 Accident and sickness insurance; uniform claim form................................................HB 1971 Accident and sickness policies; coordination of benefits; notice.................................HB 325
Agents, solicitors, brokers, counselors, and adjusters; amend licensing provisions.............................................................................................SB 747
Agents, solicitors, brokers, counselors, and adjusters; licensing; comprehensive revision...............................................................................HB 1870
Amend provisions.............................................................................................................HB 1989 Assumption reinsurance agreements; provisions ............................................................SB 724 Benefits for certain district attorney personnel.............................................................HB 194 Certain coverage; repeal limitations ................................................................................HB 135 Certain disorders; include coverage...............................................................................HB 1854 Certain state retirees; medical and dental services; liability........................................SB 465 Child support; payroll deduction ...................................................................................HB 1276 Fraternal benefit societies; extensively revise provisions.............................................HB 799 Georgia Comprehensive Health Insurance Pool Act; enact.......................................HB 1085 Georgia Health Care Act; enact......................................................................................HB 1531 Health care providers; certain advertisement; deceptive practice............................HB 1347 Health care; urge Congress to enact universal-coverage
national health plan.......................................................................................................HR 711 Hospital Cost Containment Law; enact........................................................................HB 1841 House State Health Benefit Plan Pharmacy Program Study
Committee; create...........................................................................................................HR 731 Income tax credit; certain employers; certain employee health coverage..................HB 944 Income tax; premiums; exclude........................................................................................HB 691 Individual accident and sickness policies; rate modifications
and loss ratio guarantees; filing..................................................................................HB 1646 Individual Medical Account Law of 1992; enact.........................................................HB 1333 Insurance Department and State Health Benefit Plan; commend.............................HR 951
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6012
INDEX
HEALTH INSURANCE (Continued) Insurers; certain rate changes; notify policyholders.........................................................SB 79 Medical assistance; publicly financed voucher program; privately delivered health insurance coverage .........................................................HB 1339 Medical care expenses; gross income deduction; urge Congress authorize................HR 725 Medical insurance cost; gross income deduction; urge Congress authorize..........................................................................................................HR 724 Medicare supplement; regulate..........................................................................................SB 564 Multiple employer self-insured health plans; premium taxes; surplus accounts............................................................................................................HB 1922 Patient cost of care; amend provisions ............................................................................SB 790 Preexisting condition; waiting period...............................................................................SB 722 Preferred provider arrangements; provisions..................................................................SB 292 Probate courts; default judgments; medical insurance; certain guardianships...................................................................................................HB 1238 Regulation; amend Code....................................................................................................HB 775 Small employer health benefit plans; provisions.........................................................HB 1622 Small Employer Health Insurance Availability and Consumer Protection Act; enact....................................................................................................HB 1775 Spousal coverage; insurers; investments and surplus lines provisions.....................HB 1532 State employees' benefits plans; include certain nonprofit groups ............................HB 306 State employees; certain services; require coverage......................................................HB 872 State employees' health insurance plan; elective abortions; prohibit coverage...........................................................................................................HB 1665 State employees insurance and benefits plans; certain service centers; inclusion.............................................................................................................HB 883 State health insurance system; General Assembly provide by law - CA...................HR 812 State-wide preferred provider arrangement; establish................................................HB 2131 Teachers and public school employees; amend provisions............................................SB 190 Unfair practices; certain advertising; carry-over deductible........................................HB 904 Uniform claim form; urge Congress to require..............................................................HR 779 Urge coverage of experimental prescription drugs........................................................HR 212 Urge Insurance Department review private plans.......................................................HR 1074 Workers' compensation; health benefits; pilot projects..............................................HB 1709
HEARD COUNTY Board of commissioners; amend provisions...................................................................SB SEX Board of education; reapportion ....................................................................................HB 1427 Homestead exemptions; certain residents.....................................................................HB 1996 Homestead exemptions; certain residents.....................................................................HB 2101
HEARD, REPRESENTATIVE PAUL W.; commend.............................................HR 1205
HEARING AND HEARING AIDS (Also, see Handicapped Persons) Education; college preparatory curriculum; sign language.........................................HB 1871 Georgians with Disabilities Act of 1991; enact..............................................................HB 834 Hearing aid dealers and dispensers; speech-language pathologists and audiologists; licensing.....................................................................HB 1434 High school credits; American sign language count as foreign language....................SB 757 Mobility impaired persons and their service dogs; rights............................................HB 835 Quality basic education; curriculum; sign language for deaf.....................................HB 1617
HENDERSON, PROFESSOR FLETCHER HAMILTON; commend.................HR 857
HENRY COUNTY Board of commissioners; districts..................................................................................HB 1355 Board of education; districts...........................................................................................HB 1354 School system; commend...................................................................................................HR 807
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INDEX
6013
HENRY COUNTY UNIT OF THE AMERICAN CANCER SOCIETY; commend........................................................................................................HR 742
HENRY OSSIAN FLIPPER; commemorative postage stamp; Tirge issuance by Postmaster General..............................................................................HR 345
HIGHTOWER, HONORABLE ANTHONY; resignation.........................................Page 10
HIGHTOWER, NEIL H. AND THOMASTON MILLS; commend......................HR 793
HIGHWAYS, BRIDGES AND FERRIES Abandoned railroad property; acquisition provisions.................................................HB 1689 Admiral Mack Gaston Parkway; designate.....................................................................HR 874 Albert D. Clifton Memorial Highway; designate...........................................................HR 926 Alcoholic beverages; open container in vehicle; prohibitions.......................................HB 651 Alcoholic beverages; open container while driving or passenger; prohibit.............................................................................................................................HB 254 Alcoholic beverages; open container while driving; prohibitions ...................................SB 52 Automobile industry; imposition of certain standards; urge Congress reject.................................................................................................................SR 490 Ben Jess Logan, Sr., Memorial Bridge; designate..........................................................SR 366 Bicycle safety; amend provisions.......................................................................................SB 634 Bus shelters on public rights of way; amend provisions ...............................................SB 616 Clarence R. Vaughn, Jr., Highway; designate................................................................HR 914 Coleman's Bridge; designate...........................................................................................HR 1029 Colonel Tom Parrott Parkway; designate.......................................................................HR 875 Concord Covered Bridge in Cobb County; oppose highway through area ................HR 773 County tollway projects; contract with State Tollway Authority...............................HB 713 Edward C. Moses Highway; designate ............................................................................HR 946 Erosion and Sedimentation Act; certain construction projects; minimum standards......................................................................................................HB 1298 Genevie Dickey Bridge; designate....................................................................................HR 652 Genevie Dickey Bridge; designate....................................................................................HR 783 Grady Mallard Bridge; designate.....................................................................................HR 845 Harry Leon Simpson Parkway; designate.......................................................................HR 978 Hazardous waste; petroleum contaminated soil; permissible limits .........................HB 2095 "Historic U. S. 19 and Ga. 60 Business Route"; designate...........................................SR 358 Hunting wildlife; prohibitions; designate Pogo 'Possum official state 'possum....................................................................................................HB 1548 Insurance premium taxes; county proceeds; street improvement................................SB 372 Intangible tax; repeal Code chapter...............................................................................HB 1877 J. B. Jones Intersection; urge Department of Transportation name certain intersection in Lumpkin County........................................................HR 1228 J. C. "Jake" Woods Avenue; designate.........................................................................HR 1008 J. E. "Ted" McTyre Parkway; designate........................................................................HR 713 J. Truman Holmes Bridge; designate..............................................................................HR 380 James E. Livingston Medal of Honor Highway; designate........................................HR 1165 James L. Clarkson Memorial Highway; designate .........................................................SR 410 Length and width of vehicle loads; amend provisions................................................HB 1904 Length of vehicle loads; automobile carriers................................................................HB 1905 Litter control; amend provisions....................................................................................HB 1181 Load limitations; dispersal of fines collected...............................................................HB 1396 Local option sales tax; projects other than road, street, or bridge.............................HB 598 Logging trucks entering highway; warning signs for motorists; urge Department of Transportation adopt standard design....................................HR 771 MARTA; alternative fuels plan; provide by January 1, 1992......................................HB 881 MARTA; annual report; public notice............................................................................HB 218 MARTA; certain reserve funds; change date.................................................................HB 221 MARTA; collective bargaining; neutral arbitrator........................................................HB 738
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6014
INDEX
HIGHWAYS, BRIDGES AND FERRIES (Continued) MARTA; operating costs; exclusion from definition...................................................HB 1469 MARTA; police force; qualifications and powers; clarify.............................................HB 659 MARTA; prohibition of certain state funds; repeal......................................................HB 586 MARTA; security and police force; powers....................................................................HB 219
MARTA; state funds; eligibility to receive...................................................................HB 1060 Martin Dooley Parkway; designate..................................................................................HR 976 Minors in open bed pickups; prohibit...........................................................................HB 1930
Minors in open bed pickups; prohibit on four lane highways...................................HB 1104 Minors in open bed pickups; prohibit on four lane highways...................................HB 1698 Mobile homes; 16 feet wide; single-trip permits..........................................................HB 1459
Mobile homes; 16 feet wide; single-trip permits.............................................................SB 611 Monorail people mover for the Buckhead area; urge United
States funding for study ................................................................................................HR 597
Motor fuel; storage in terminals; reports......................................................................HB 1993 Motor fuel taxes; provide and maintain mass transportation
facilities - CA...................................................................................................................HR 161 Motor fuel taxes; refunds to employees of foreign governments;
certain motor carriers; withhold registration ..............................................................SB 699
Motor fuel taxes; refund to seller; compensation for collection..................................HB 570 Motor vehicles; failure to secure load; points ..............................................................HB 1487 Motor vehicles; projecting load; flag requirement.........................................................HB 568
Motor vehicles; radar speed detection devices on hills; delete certain prohibition...............................................................................................SB 550
Motor vehicle theft prevention program; establish.......................................................HB 807 Natural gas; certain retail sales; not under jurisdiction
of Public Service Commission ....................................................................................HB 1633 Nelson Mandela Freeway; designate .................................................................................HR 39
Private ways; maximum width; 30 feet...........................................................................HB 630 Property; public road purpose; wetland mitigation.......................................................HB 674
Radar detectors; prohibit................................................................................................HB 1143 Railroad bridges; certain conditions; removal................................................................HB 778
Railroads; grade crossing elimination costs.....................................................................SB 286 Reinhardt College Parkway; designate............................................................................HR 790
Riley C. Thurmond Bridge; designate.............................................................................HR 839
Roadway lighting; provisions for state funding...........................................................HB 1563 Roadway lighting; urge alternative methods..................................................................HR 984
Robert B. Nett Medal of Honor Highway; designate....................................................SR 485 Samuel Frank Morast, Jr., Highway; designate.............................................................HR 653 Scooterville Highway; designate.....................................................................................HR 1010
"South Georgia Parkway"; designation of Corridor Z...................................................SR 180 Speed detection devices; certain conditions; prohibit permit....................................HB 1813
Speed detection devices; law enforcement agency; repeal certain requirements .......................................................................................................SB 779
State contracts; minority business participation...........................................................HB 230 State Tollway Authority; private persons or entities;
participation in projects...............................................................................................HB 1429
Stribling Memorial Bridge; urge designation.................................................................HR 722 Surface Transportation Efficiency Act of 1991; express support ...........................HR 69EX
Surface Transportation Reauthorization Act; urge United States passage....................................................................................................................SR 98
Transit tokens, cards, coins, or similar articles; alterations; prohibitions...............................................................................................HB 1471
Transportation Board member; removal for cause; filling vacancy.............................SB 656 Transportation projects; private entity contracts; authorize.....................................HB 1081
Transportation Trust Fund; create - CA.........................................................................SR 477 Uniform rules of the road; nolo contendere plea; restrictions......................................SB 516 Veterans Memorial Parkway; designate..........................................................................HR 933
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INDEX
6015
HILL, WILLIE JAMES; condolences...........................................................................HR 1255
HILL, WILTON; condolences........................................................................................HR 70EX
"HISTORIC U. S. 19 AND GA. 60 BUSINESS ROUTE"; designate.................SR 358
HIV INFECTED PERSONS; condolences....................................................................HR 954
HODGE, HONORABLE NORMA; commend............................................................HR 1141
HODGES, J. CARL, JR.; condolences........................................................................HR 13EX
HOGANSVILLE, CITY OF Ad valorem school taxes; millage rate............................................................................SB 7EX Board of education; ad valorem school taxes..................................................................SB 826
HOLSTON, REVEREND ROBERT LEE; commend..............................................HR 1083
HORTMAN, VERNON AND LAVERNE; commend..............................................HR 1257
HORTON, JANNIE B.; condolences...............................................................................HR 747
HOSPITALS AND HEALTH CARE FACILITIES Accident and sickness insurance; payments to provider............................................HB 1183 Accident and sickness insurance policies; coordination of benefits; notice................................................................................................................HB 325 Accident and sickness insurance; standard claim form; payment of benefits to nonpreferred provider............................................................SB 677 Anatomical gifts; amend provisions...............................................................................HB 1929 Blood transfusions; certain information; doctor inform patient...............................HB 1576 Cardiopulmonary resuscitation; candidate for nonresuscitation; amend provisions..........................................................................................................HB 1223 Cardiopulmonary resuscitation; candidate for nonresuscitation; amend provisions.............................................................................................................SB 815 Cardiopulmonary resuscitation; nonresuscitation provisions; delete certain requirement..........................................................................................HB 1953 Certain advertisement; deceptive practice....................................................................HB 1347 Certificate of need; multiple petitions for judicial review; consolidation..................................................................................................................HB 1512 Certificate of need; provider of medical assistance........................................................SB 680 Certificate of need; state health planning; judicial review............................................SB 586 Clinical social worker; involuntary emergency treatment certification; evaluation team report.........................................................................HB 1068 Dead bodies; prohibit incineration; exception..............................................................HB 1203 Death investigations; autopsy and limited dissection; redefine...................................SB 322 Death investigations; certain requirements....................................................................HB 520 Death investigations; certain requirements....................................................................HB 673 Department of Human Resources; certain licensing; fee provisions.........................HB 1601 Department of Medical Assistance; agency rules; applicability ................................HB 1069 Distance Learning and Telemedicine Act; enact............................................................SB 144 Emergency medical services; intravenous fluids on vehicles; requirements.....................................................................................................................SB 284 Firearms; license to carry; amend provisions....................................................................SB 45 Georgia Comprehensive Health Insurance Pool Act; enact.......................................HB 1085 Georgia Health Care Act; enact......................................................................................HB 1531 Georgia Practical Nurses Practice Act; enact.................................................................SB 599 Governor's Commission on Regional Health Care Issues Affecting Grady Memorial Hospital; create.................................................................................HR 224 Health Code; amend provisions........................................................................................HB 712 Health insurance; preexisting condition; waiting period...............................................SB 722 Health related professions; invasive procedures; prohibitions .....................................SB 159
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6016
INDEX
HOSPITALS AND HEALTH CARE FACILITIES (Continued) Hospice patients; pronouncement of death by registered nurse...............................HB 1857 Hospice patients; pronouncement of death by registered professional nurses; personal care homes; regulation.................................................SB 693 Hospital authorities; members' country club fees; prohibit payment......................HB 1171 Hospital authorities; vacancy provisions.......................................................................HB 1186 Hospital Cost Containment Law; enact........................................................................HB 1841 Hospital Financing Authority; definitions; health facilities; participating providers....................................................................................................SB 731 Housing and Finance Authority; amend provisions; Hospital Financing Authority; repeal provisions........................................................................SB 600 Indigent and elderly patients; ventilator assistance......................................................HB 130 Indigent Care Trust Fund; General Assembly provide by law - CA..........................HR 840 Insurance; medical malpractice; provisions..................................................................HB 1608 Insurance; medicare supplement; regulate.......................................................................SB 564 Insurance; preferred provider arrangements; provisions...............................................SB 292 Insurance regulation; amend Code...................................................................................HB 775 Joint Regional Hospital Study Committee; create........................................................HR 289 Joint Study Committee on Regional Hospitals; create.................................................HR 927 Living wills; life-sustaining procedures; amend provisions..........................................HB 968 Living wills; life-sustaining procedures; conditions for withholding ...........................SB 605 Local hospital authorities; projects in other areas; operate upon request.......................................................................................................SB 294 State Board of; create.....................................................................................HB 1071 ! therapists; registration; requirements............................................................HB 1070 Massage therapists; regulations........................................................................................HB 192 Medical assistance; claim submission; time..................................................................HB 1341 Medical assistance; publicly financed voucher program; privately delivered health insurance coverage .........................................................HB 1339 Mental health; patient cost of care; amend provisions...............................................HB 1597 Midlevel Practitioners for Rural Areas Assistance Act; enact ..................................HB 2013 Nursing homes; receivership; certain violations..............................................................SB 211 Paternity determination; father's written statement.....................................................SB 565 Patient cost of care; amend provisions ............................................................................SB 790 Patient Self-referral Act of 1992; enact........................................................................HB 1842 Perfecting lien; time period ...............................................................................................SB 170 Permit to operate; insurance or bond requirement.....................................................HB 1513 Personal care homes; licensing; long-term care ombudsman........................................SB 561 Personal care homes; restrictions on referrals ................................................................SB 669 State health planning; change exemptions.....................................................................HB 617 Torts; medical malpractice; provisions..........................................................................HB 1336 Torts; Noneconomic Damage Awards Act; enact........................................................HB 1327 Venereal disease; AIDS; reports.......................................................................................HB 690 Workers' compensation; rehabilitation benefits; catastrophic injury.........................HB 815
HOTELS AND MOTELS Distilled spirits; retail dealer license; provisions.........................................................HB 1600 Excise tax; certain authorities........................................................................................HB 1212 Excise tax; certain counties and municipalities; authorization to levy.............................................................................................................................HB 1850 Excise tax; certain municipalities; additional levy......................................................HB 1836 Excise tax; limit reimbursement to dealers..................................................................HB 1146 Excise tax; public accommodations; nonprofit organizations........................................HB 57
HOUSE INTERN PROGRAM OF 1992; commend students participating .......HR 1290
HOUSE OF REPRESENTATIVES Advisory Committee on Minority Business Enterprise; invite to House...................HR 791
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INDEX
6017
HOUSE OF REPRESENTATIVES (Continued) Air travel costs; reimbursement.....................................................................................HB 1311 Amend HR 3; relative to Clerk ......................................................................................HR 1086 Anthony, Lester; invite to House.......................................................................;...........HR 1114 Appropriations bills; time period before consideration..............................................HB 1191 Bremen High School Blue Devils softball team; invite to House...............................HR 785 Brown, Candace Michelle; invite to House ....................................................................HR 883 Cedar Shoals High School Girls' Basketball Team; invite to House .......................HR 1115 Center for the Visually Impaired; 30th anniversary; invite staff to House.......................................................................................................HR 837 Certain committees; subpoena powers ..............................................................................HB 59
DelliBovi, Alfred; Deputy Secretary of Department of Housing and Urban Development; invite to House..................................................HR 784
Delta Sigma Theta Sorority; invite to House ................................................................HR 675 Election of member to fill vacancy; District 20, Post 3 .................................................Page 8 Election of member to fill vacancy; District 25.........................................................Page 4604 Election of member to fill vacancy; District 36...........................................................Page 212 Election of member to fill vacancy; District 68.........................................................Page 4606 Election of member to fill vacancy; District 77...............................................................Page 6 Electric membership corporations; urge study by Public Services
and Utilities Subcommittee of House Industry Committee....................................HR 471 Ellard, Honorable Glenn W.; resignation .........................................................................Page 3 Expense accounts; documentation...................................................................................HB 119 Filing of bills and resolutions when not in session; provisions.................................HB 1845 Former members; identification cards..............................................................................SB 220 4-H Day; recognize; invite Georgia winners and state president
to House...........................................................................................................................HR 673 Four-year terms - CA.........................................................................................................HR 861 Four-year terms; limit service - CA.................................................................................HR 872 George Walton Academy football team; invite to House.............................................HR 730 Georgia Laws and Senate and House Journals; selling price .......................................SB 791 Georgia Peach Festival; invite representative to House...............................................HR 880 Georgia Recreation and Parks Association; invite representatives
toHouse...........................................................................................................................HR 728 German Bundestag; visiting delegation; invite to House.........................................HR 15EX Gilbert, Carolyn Beasley; invite to House ....................................................................HR 1019 Hart County High School girls' basketball team; invite to House...........................HR 1113 Hightower, Honorable Anthony; resignation...............................................................,..Page 10 January and August sessions - CA...................................................................................HR 935 Joint Session; Governor's message...................................................................................HR 638 Joint Session; Governor's message...................................................................................HR 640 Joint Session; Governor's message; invite Supreme Court Justices
and Appeals Court Judges ............................................................................................HR 639 Joint Session; message from Chief Justice of Supreme Court....................................HR 641 Joint Session; message from Robert Edward Turner III;
invite Governor...............................................................................................................HR 814 Jones County High School women's softball team; invite to House ..........................HR 654 Keep Macon-Bibb Beautiful Commission; invite to House.........................................HR 770 Kendrick High School football team; invite to House..................................................HR 876 Kendrick High School marching band; invite to House...............................................HR 877 LaGrange High School football team; invite to House.................................................HR 729 Ledford, Officer Joe R.; invite to House.......................................................................HR 1171
Legislators; create staggered terms; limit service - CA.................................................HR 671
Lewis, Bill; head football coach at Georgia Tech; invite to House ............................HR 925
Lupton, Honorable John M., Ill; resignation ............................................................Page 4603
Maloof, Manuel J.; invite to House.................................................................................HR 979
Martin, Lynn; Secretary of Labor; invite to House......................................................HR 980
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6018
INDEX
HOUSE OF REPRESENTATIVES (Continued) McEachern High School wrestling team; invite to House...........................................HR 924 Members; full-time officials; salary supplement..........................................................HB 1043
_ Mohammed, Imam W. Deen; invite to House...............................................................HR 996 Nance, Erin Nicole; invite to House............................................................................HR 12EX Notify Governor; General Assembly convened...............................................................SR 360 Notify House; Senate convened......................................................................................SR 4EX Notify House; Senate convened........................................................................................SR 346 Notify Senate; House convened .....................................................................................HR 1EX Notify Senate; House convened .......................................................................................HR 636 Oaths of office...............................................................................Pages 4, 7, 9, 213, 4605, 4607 Pitts, Captain Willie, Jr.; invite to House......................................................................HR 915 Reapportionment..............................................................................................................HB SEX Reapportionment..............................................................................................................HB 1337 Reapportionment..............................................................................................................HB 1340 Reapportionment..............................................................................................................HB 1407 Reapportionment; districts 102, 132, 133, 135, 136........................................................SB 174 Recordation and transcription of sessions and certain committee meetings......................................................................................................HB 1806 Reduce compensation; employee furlough days..............................................................SB 510 Rivers, Honorable Robert E., Jr.; recognize; express approval of appointment as Clerk of House....................................................................................HR 643 Rules Committee; Ethics and Official Conduct Subcommittee; formulate ethics rules...................................................................................................HR 1184 Rules of House; adopt......................................................................................................HR SEX Rules of House; adopt........................................................................................................HR 637 Rules of House; amend........................................................................................................HR 45 Savannah Saint Patrick's Day Parade and Festivities; invite the Grand Marshal, General Chairman, and aids to House....................................HR 993 Smith, Honorable George T.; invite to House ...............................................................HR 932 Sol C. Johnson High School "Atomsmashers" Basketball Team; invite to House..............................................................................................................HR 1116 Special residency requirements - CA...............................................................................HR 864 Standing Committee assignments..................................Pages 7, 8, 9, 11, 11, 259, 4608, 4608 Standing Committee chairmen; compensation.............................................................HB 1038 Stephens, Honorable Lawton E.; resignation.............................................................Page 4605 Tattnall Square Academy Lady Trojans; invite to House.........................................HR 1163 Tattnall Square Academy Lady Trojans softball team; invite to House.................HR 1164 Terry Mill Elementary School; commend; invite Principal Dr. Shirley C. Reams to House ....................................................................................HR 786 Toomer, Robert Lee, Jr.; invite to House.....................................................................HR 1185 Transmittal of bills to Governor during session; veto messages; veto session - CA ............................................................................................................HR 598 University of Georgia steel band; invite to House......................................................HR 1073 Walker County Young Farmers Chapter; invite to House...........................................HR 884 Ware, Honorable James Crawford; portrait in north anteroom of House; invite Mrs. Louise Dye Ware......................................................................HR 949 Westover High School boys' basketball team; invite to House.................................HR 1076
HOUSE, SPECIAL AGENT SAM; Georgia Bureau of Investigation; commend...HR 689
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Absentee ballots; courthouse serve as place to receive; population brackets......................................................................................................HB 1816 Board of elections; change population provisions........................................................HB 1818 Perry-Fort Valley Airport Authority; member name designee to serve in member's place........................................................................................HB 29EX
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INDEX
6019
HOWARD, DOUGLAS L.; condolences.........................................................................HR 801
HOWELL, CHARLES G., M.D.; commend...................................................................HR 921
HUCKABY, SAMUEL TODD; commend ................................................................HR 61EX
HUEBER, BETSY; commend...........................................................................................HR 794
HUMAN RESOURCES, DEPARTMENT OF Abortions; informed consent...........................................................................................HB 1062 Actions against licensees; amend provisions.................................................................HB 1661 Aid to dependent children; certain ineligibility; exception........................................HB 1509 Aid to families with dependent children; all welfare benefits; Department of Human Resources make study........................................................HB 1511 Aid to families with dependent children; certain incremental benefits; eliminate.........................................................................................................HB 1510 Bibb County; juvenile services; transfer to state-wide system..................................HB 1578 Birth certificates; amend provisions................................................................................HB 273 Blood transfusions; certain information; doctor inform patient...............................HB 1576 Board; include physically handicapped member.........................................................HB 1162 Boards of health; certain contracts; sealed bids and proposals...................................HB 821 Child care expenses; court-ordered reimbursement....................................................HB 1598 Child support; continuation past age of majority........................................................HB 1519 Child support recovery; amend provisions....................................................................HB 1384 Children and Youth Overview Committee; create..........................................................SB 105 Children in foster care; periodic reviews.........................................................................HB 662 Demonstration family resource center program; create..............................................HB 1074 Department of Medical Assistance; agency rules; applicability................................HB 1069 Department of Medical Department; oversight of Department of Human Resources surveyors.........................................................................................HB 837 Emergency medical services; intravenous fluids on vehicles; requirements.....................................................................................................................SB 284 Food stamp program; reduction in assistance..............................................................HB 1505 Funds for the aging; committee to oversee; recommend appointment......................HR 892 Health and mental health; amend Code provisions......................................................HB 716 Health Code; amend provisions........................................................................................HB 712 House Nursing Home Regulation and Inspection Study Committee; create............HR 539 Individual sewage management systems; regulate.......................................................HB 1609 Juvenile justice services; local provision; incentives ......................................................SB 378 Medical records; access.........................................................................................................SB 87 Mental health; patient cost of care; amend provisions...............................................HB 1597 Mental illness; certain definitions; include gravely disabled.....................................HB 1292 Motor vehicles; unmarked; exception..............................................................................HB 812 Nursing homes; receivership; certain violations..............................................................SB 211 Personal care homes; evidence in mitigation and explanation..................................HB 1080 Provision of services; urge policy review.......................................................................HR 1040 Public assistance; level based on length of residence.................................................HB 1507 Public assistance; reports; aggregate expenditures......................................................HB 1504 Radiation control; certain licensing; fee provisions.....................................................HB 1601 Special facilities; certain notification required..............................................................HB 573 State health planning; change exemptions.....................................................................HB 617 Student with infectious disease; notify certain personnel............................................HB 741 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact..................................................SB 269 Technology Related Assistance Trust Fund for Individuals with Disabilities - CA.....................................................................................................SR 146 Venereal disease; AIDS; reports.......................................................................................HB 690
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6020
INDEX
HUMAN RESOURCES, DEPARTMENT OF (Continued) Vital records; birth certificates; include parents' social security numbers...........................................................................................................HB 1401
- Youth development centers; decision making; provisions..........................................HB 1075
HUNT, WALTER CLEMONS; commend...................................................................HR 1043
HUNTING (Also, see Game and Fish) Falconry; amend provisions.............................................................................................HB 1418 Hunting, fishing, and trapping license agents; self-insurance fund; defalcation.............................................................................................................HB 708 Property posted against hunting; mark trees with royal purple paint......................HB 745 Wildlife; hunting and fishing privileges; suspension...................................................HB 1365
INCOME TAX Capital gains; additional adjustment...............................................................................HB 456 Certain corporations; amend provisions........................................................................HB 1302 Certain military service income; exclude........................................................................HB 485 Certain residents and nonresidents; amend provisions..............................................HB 1301 Certain tax payments; electronic funds transfer.........................................................HB 1395 Certain taxpayers and certain corporations; amend provisions ................................HB 1303 Certain taxpayers; increase personal exemption..........................................................HB 1048 Corporations; certain foreign income; taxable................................................................HB 339 Credit; certain businesses in certain counties................................................................HB 489 Credit; certain employers; certain employee health coverage......................................HB 944 Credit; investment in certain progress expenditure property....................................HB 1448 Credit; motor vehicle conversion....................................................................................HB 1029 Credit; providers of certain prenatal care.....................................................................HB 1824 Credit; rehabilitation of certain commercial property................................................HB 1449 Credit; uncompensated indigent health care................................................................HB 1083 Deduction; savings for first-time home purchase........................................................HB 1804 Exemption; certain corporations......................................................................................HB 650 Health insurance premiums; exclude...............................................................................HB 691 Housing and Finance Authority; powers..........................................................................SB 513 Individual Medical Account Law of 1992; enact .........................................................HB 1333 Job tax credit; businesses in certain counties..............................................................HB 1399 Local income tax; educational purposes - CA................................................................HR 818 Local income tax; election to impose; provisions...........................................................HB 623 Local income tax; referendum; local option sales tax; repeal certain prohibition............................................................................................HB 1300 Medical care expenses; gross income deduction; urge Congress authorize................HR 725 Medical insurance cost; gross income deduction; urge Congress authorize...........................................................................................................................HR 724 Nonrecognition of gain; certain withholding provisions.............................................HB 1739 Public Revenue Code; reference date; Federal tax code............................................HB 1299 Quarterly and monthly returns; deadline for filing.....................................................HB 1306 Retirement income; increase exclusion............................................................................HB 779 Return; active military duty; extend time for filing.....................................................HB 600 Special withholding requirements..................................................................................HB 1304 Tax Amnesty Program Act; enact..................................................................................HB 1405 Taxable net income; exclusion for certain retirement income..................................HB 1000 Taxable net income; include campaign contributions and certain expenditures.....................................................................................................HB 1805
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INDEX
6021
INCOME TAX (Continued) Taxable net income; reduction; certain unreimbursed medical expenses................HB 1335 Taxable nonresident; define............................................................................................HB 1133 Taxable nonresident; define............................................................................................HB 1260 Taxable nonresident; professional athlete....................................................................HB 1614 Taxable nonresidents; definitions..................................................................................HB 1377 Withholding certificate; exemption status....................................................................HB 1305
INDEMNIFICATION Certain public employees; $100,000.................................................................................HB 705 State officers and employees; consolidated insurance program................................HB 1933
INDEPENDENT REPUBLICS OF THE FORMER SOVIET UNION Urge airlift of food.............................................................................................................HR 692
INDIGENT (See Social Services)
INGRAM, JACOB GENE; commend.............................................................................HR 740
INITIATIVE PETITION; power to enact or reject - CA...........................................HR 714
INSURANCE Accident and sickness insurance; certain disorders; include coverage.....................HB 1854 Accident and sickness insurance; certain secondary conditions; coverage..........................................................................................................................HB 1132 Accident and sickness insurance; child support; coverage.........................................HB 1383 Accident and sickness insurance; individual policy; rates; loss ratio.......................HB 1334 Accident and sickness insurance; mammograms, Pap smears, and prostate specific antigen tests; coverage .....................................................................HB 538 Accident and sickness insurance; payments to provider............................................HB 1183 Accident and sickness insurance; persons over 60; continuation rights...................HB 1202 Accident and sickness insurance; reimbursements for certain service.......................HB 228 Accident and sickness insurance; spousal coverage; employee contribution ....................................................................................................SB 786 Accident and sickness insurance; standard claim form; payment of benefits to nonpreferred provider............................................................SB 677 Accident and sickness insurance; uniform claim form................................................HB 1971 Accident and sickness policies; coordination of benefits; notice.................................HB 325 Agents, solicitors, brokers, counselors, and adjusters; amend licensing provisions.............................................................................................SB 747 Agents, solicitors, brokers, counselors, and adjusters; licensing; comprehensive revision...............................................................................HB 1870 Amend Code........................................................................................................................HB 509 Amend Code........................................................................................................................HB 775 Amend provisions.............................................................................................................HB 1989 Assumption reinsurance agreements; provisions ............................................................SB 724 Capital stock requirement; extension............................................................................HB 1272 Certain state retirees; medical and dental services; liability........................................SB 465 Claimant's request; insurer's failure to comply; sanctions...........................................HB 347 Commissioner; certain fees; comprehensive revisions.................................................HB 1297 Commissioner; financial regulatory capabilities; powers............................................HB 1344 Consumer Auto Insurance Affordability Act of 1991; enact..........................................HB 91 Counties and municipalities; investment of certain funds...........................................HB 602 Credit life and credit accident and sickness; investigate applications....................................................................................................................HB 1237 Deceptive practices; automobile repair; aftermarket crash parts; disclosure ..............................................................................................................HB 888 Firemen's Pension Fund; certain insurance premium tax.....................................,...HB 1796 Fraternal benefit societies; extensively revise provisions.............................................HB 799
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6022
INDEX
INSURANCE (Continued) Georgia Comprehensive Health Insurance Pool Act; enact.......................................HB 1085 Georgia Tort Claims Act; enact.........................................................................................SB 415 Health insurance; certain coverage; repeal limitations.................................................HB 135 Health insurance; child support; payroll deduction....................................................HB 1276 Health insurance; preexisting condition; waiting period...............................................SB 722 Health insurance; urge coverage of experimental prescription drugs ........................HR 212 Health insurance; urge Insurance Department to review private plans..................HR 1074 Hospitals; permit to operate; insurance or bond requirement..................................HB 1513 Hunting, fishing, and trapping license agents; self-insurance fund; defalcation.............................................................................................................HB 708 Income tax; health insurance premiums; exclude..........................................................HB 691 Income tax; special withholding requirements.............................................................HB 1304 Individual accident and sickness insurance; rate modifications and loss ratio guarantees; filing..................................................................................HB 1646 Individual Medical Account Law of 1992; enact.........................................................HB 1333 Insurable interest; charitable institution; life of donor................................................HB 903 Insurance Department and State Health Benefit Plan; commend.............................HR 951 Insurance premium taxes; county proceeds; street improvement................................SB 372 Insurers; certain rate changes; notify policyholders.........................................................SB 79 Insurers; investments and surplus lines provisions; health insurance; spousal coverage.........................................................................................HB 1532 Investments; Israeli securities; authorize......................................................................HB 1326 Liability and casualty insurers; customer affairs and information department; establish...................................................................................................HB 1402 Liability and casualty insurers; information to claimant...........................................HB 1421 Liability insurance; psychotherapist and patient; prohibit certain exclusions..........................................................................................................HB 1714 Liability insurer; refusal to settle claim; certain liability...........................................HB 1752 Life insurance claim; when filed; interest.....................................................................HB 1666 Medical care expenses; gross income deduction; urge Congress authorize................HR 725 Medical insurance cost; gross income deduction; urge Congress authorize...........................................................................................................................HR 724 Medical malpractice; provisions.....................................................................................HB 1608 Medicare supplement; regulate..........................................................................................SB 564 Motor vehicle insurance; accidents involving firemen or emergency medical technicians; surcharge................................................................HB 1416 Motor vehicle insurance; comprehensive revision..........................................................HB 314 Motor vehicle insurance; defensive driving course; repair facilities.........................HB 1899 Motor vehicle insurance; medical expenses; dollar amount...........................................HB 17 Motor vehicle insurance; new policy reports to Department of Public Safety...............................................................................................................HB 645 Motor vehicle insurance; notice of cancellation.............................................................HB 352 Motor vehicle insurance; notice of claim by injured party..........................................HB 128 Motor vehicle insurance; prohibit discrimination based on location........................HB 1486 Motor vehicle insurance; prohibit surcharge; driver clinic attendance....................HB 1760 Motor vehicle insurance; safety equipment; provisions................................................HB 735 Motor vehicle insurance; serious injury; definition.........................................................HB 90 Motor vehicle insurance; surcharge; prohibition............................................................HB 433 Motor vehicle insurance; total loss claim; insurer notify owner of obligations .....................................................................................................HB 1625 Motor vehicle insurance; uninsured motorist; stacking of coverage.............................HB 89
Motor vehicle liability insurance; offer and acceptance; claims................................HB 1676
Motor vehicle liability insurance; repeal Code provisions..........................................HB 1500
Motor vehicle operation; certain insurance requirement............................................HB 1061
Motor vehicle service agreement companies; regulate................................................HB 1090
Motor vehicles; accident reports; insurance information ...........................................HB 1751
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INDEX
6023
INSURANCE (Continued) Motor vehicles; driving under the influence; driver's license suspension; amend provisions........................................................................................SB 489 -Motor vehicles; proof of insurance; certain information required............................HB 1587 Motor vehicles; uninsured motorist; stacking of coverage ...............................................HB 6 Multiple employer self-insured health plans; premium taxes; surplus accounts............................................................................................................HB 1922 Patient Self-referral Act of 1992; enact........................................................................HB 1842 Preferred provider arrangements; provisions..................................................................SB 292 Premium taxes; amend provisions .................................................................................HB 1426 Property and casualty insurance; annual reports; consumer complaints.................HB 1526 Small employer health benefit plans; provisions.........................................................HB 1622 Small Employer Health Insurance Availability and Consumer Protection Act; enact....................................................................................................HB 1775 State employees' benefits plans; include certain nonprofit groups............................HB 306 State employees; flexible benefit plans; group property and casualty insurance....................................................................................................SB 770 State health insurance system; General Assembly provide by law - CA...................HR 812 State officers and employees; consolidated insurance program................................HB 1933 State-wide preferred provider arrangement; establish................................................HB 2131 Structural pest control business; liability.....................................................................HB 1348 Teachers and public school employees; health insurance; amend provisions..........................................................................................................................SB 190 Title insurance; regulate..................................................................................................HB 2032 Torts; Elimination of Double Recoveries Act; enact...................................................HB 1330 Unfair Claims Settlement Practices Act; enact...........................................................HB 1346 Unfair practices; certain advertising; carry-over deductible........................................HB 904 Violations; penalties and fines; revise provisions ........................................................HB 1345 Workers' compensation; action against third-party tort-feasors.................................HB 144 Workers' compensation; allowable medical charges; determination............................SB 687 Workers' compensation; amend provisions...................................................................HB 1550 Workers' compensation; amend provisions...................................................................HB 1679 Workers' compensation; certain nonprofit groups; coverage.......................................HB 307 Workers' compensation; certain trust fund; General Assembly provide by law - CA.......................................................................................................HR 863 Workers' compensation; comprehensive revision of provisions....................................SB 629 Workers' compensation; definition of employee; exclude certain volunteers .........................................................................................................HB 1001 Workers' compensation; employer's failure to pay; penalty........................................HB 550 Workers' compensation; health benefits; pilot projects..............................................HB 1709 Workers' compensation; health benefits; pilot projects; local governments; group self-insurance fund.............................................................SB 723 Workers' compensation; injured employees; designated physician; provisions.........................................................................................................................HB 349 Workers' compensation; insurance rates; adverse experience modification factors; restrictions................................................................................HB 1476 Workers' compensation; Joint Workers' Compensation Study Committee; create...........................................................................................................HR 182 Workers' compensation; rehabilitation benefits; catastrophic injury.........................HB 815 Workers' compensation; rejected policies; vendors of logging services.......................SB 701 Workers' compensation; revise provisions ....................................................................HB 1082 Workers' compensation; rights of employees .................................................................HB 407 Workers' Compensation Study Commission; create....................................................HB 2083 Workers' compensation; subrogation of employer's rights...........................................HB 222 Workers' Compensation Trust Fund; General Assembly provide by law - CA.........SR 475
INTANGIBLE TAX Certain property; increase tax rates ................................................................................HB 545
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6024
INDEX
INTANGIBLE TAX (Continued) Exempt stock in certain financial institutions.............................................................HB 1655 Intangible personal property; include computer software..........................................HB 2028
- Intangible recording tax; commission for collection in certain counties; change population figures...........................................................................HB 2043
Repeal Code chapter........................................................................................................HB 1877
INTEREST AND USURY Corporations; security agreement transfer; authorization..........................................HB 1159 Income tax; special withholding requirements...........................................................,.HB 1304 Real estate brokers and salespersons; interest-bearing trust accounts....................HB 1002
INTERIOR DESIGNERS; registration and certification ............................................SB 168
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AND LOCAL UNION 508; commend...................................................................HR 43EX
IRWINTON, CITY OF Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority; procedure for withdrawal of municipality.............................................HB 4EX
ISLE OF HOPE VOLUNTEER FIRE DEPARTMENT; commend ..................HR 1247
IVIE, DR. CLAUDE, JR.; condolences ........................................................................HR 1199
J
J. B. JONES INTERSECTION; urge Department of Transportation name certain intersection in Lumpkin County ............................................................HR 1228
J. C. "JAKE" WOODS AVENUE; designate..............................................................HR 1008
J. E. "TED" MCTYRE PARKWAY; designate ...........................................................HR 713
J. TRUMAN HOLMES BRIDGE; designate...............................................................HR 380
JACKSON, ALAN; commend.........................................................................................HR 1111
JACKSON COUNTY Board of commissioners; annual financial report ........................................................HB 1629 Homestead exemption; certain residents......................................................................HB 1911 School systems; request State Board of Education study............................................HR 712
JACKSON KIWANIS CLUB; commend ......................................................................HR 823
JACKSON, PROFESSOR HELLEN; commend.........................................................HR 973
JAILS Certain institutions; employ full-time chaplain..............................................................SB 503 County jail fund; provisions for paying over...................................................................SB 164 County jails; funds from fees and forfeited bonds; municipal contract...................HB 1149 Detention facilities; escape; felony offense.....................................................................HB 566 Dispatcher serve as jailer; certain conditions.................................................................HB 487 Incarceration costs; reimbursement to county; annual increase................................HB 1866 Inmates; medical services; reimbursement....................................................................HB 1170 Inmates with infectious disease or HIV infected; notification.....................................SB 128 Medical and wrongful actions costs; inmates reimburse............................................HB 1769 Penal institutions; uniform drug testing; provisions...................................................HB 1066
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INDEX
6025
JAILS (Continued) Prison inmates or personnel; random drug testing.......................................................HB 248 Special alternative incarceration; adult education courses; - requirement....................................................................................................................HB 1688
JAMES E. LIVINGSTON MEDAL OF HONOR HIGHWAY; designate........HR 1165
JAMES L. CLARKSON MEMORIAL HIGHWAY; designate...............................SR 410
JASPER COUNTY Board of commissioners; reapportion districts.............................................................HB 2020 Board of commissioners; reapportion districts.............................................................HB 2021 Homestead exemption; certain residents......................................................................HB 2115
JAZZ; official state music; designate month of February...............................................HR 882
JEFF DAVIS HIGH SCHOOL JACKETS BASKETBALL TEAM; commend.............................................................................................................HR 1269
JEFFERSON, CITY OF Homestead exemption; certain residents......................................................................HB 2067 School system; request State Board of Education study.............................................HR 712
JENKINS, ANGELA MARIA Commend.............................................................................................................................HR 705 Commend.............................................................................................................................HR 805
JESSUP, HONORABLE BEN; doorkeeper and assistant doorkeepers of House; commend....................................................................................HR 1287
JETT, YVONNE LANIER; commend .......................................................................HR 35EX
JIMMY AUTRY CORRECTIONAL INSTITUTION; designate.........................HR 734
JOHN HANCOCK ACADEMY; commend on 25th anniversary..............................HR 903
JOHNS, MYRA; Waycross Journal Herald; commend ...............................................HR 1117
JOHNSON COUNTY Board of education; compensation.................................................................................HB 1944 Convey property..................................................................................................................SR 407
JOHNSON, HONORABLE FRANK M.; commend...................................................HR 764
JOHNSON, HONORABLE LEROY R.; commend..................................................HR 1233
JOHNSON, JUNIOR, BILL ELLIOTT, AND TIM BREWER; commend.....HR 1041
JOHNSON, REVEREND ANDREW; commend......................................................HR 1144
JONES, BRIAN MARSHALL; commend ..................................................................HR 1216
JONES COUNTY Board of commissioners; compensation.........................................................................HB 1744 Board of commissioners; election...................................................................................HB 2150 Board of commissioners; membership...........................................................................HB 1172 Board of education; districts...........................................................................................HB 1173 Homestead exemption; increase.....................................................................................HB 1727
JONES COUNTY HIGH SCHOOL WOMEN'S SOFTBALL TEAM; invite to House....................................................................................................HR 654
JONES, PAUL R.; commend ..........................................................................................HR 1238
JONES, "RHUBARB"; wish belated happy birthday ..............................................HR 65EX
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6026
INDEX
JONESBORO SENIOR HIGH SCHOOL; commend................................................HR 745
JORDON, R. LINTON; commend.................................................................................HR 1046
JUDGE, DR. WALTER W.; commend.......................................................................HR 28EX
JUDGES Allowances; certain judicial circuits; repeal provisions; population figures.........................................................................................................HB 1909 Bail; delegation of authority to set; exception...............................................................HB 875 Capital cases; demand for trial; serve prosecutor and judge.....................................HB 1742 Child with living parent; appointment of guardian ....................................................HB 1564 Council of Special Court Judges; create..........................................................................HB 162 Demand for trial; serve assigned judge.........................................................................HB 1715 Employees' Retirement; certain judicial employees; membership..............................HB 588 Employees' Retirement; creditable service; certain judicial employees......................SB 445 Ethics training courses; provisions.................................................................................HB 1648 Expense allowance; certain judicial circuit; population provisions...........................HB 1158 Former district attorneys; retain membership in District Attorneys' Retirement System......................................................................................HB 801 Judicial Nominating Commission; provide.....................................................................HB 299 Judicial vacancies; Judicial Nominating Commission; provide assistance.................HB 116 Juries; unexcused absent juror; contempt power............................................................SB 675 Juvenile court; senior judge; create office.......................................................................HB 572 Juvenile judges practicing law; certain judicial circuits; repeal prohibition.........................................................................................................HB 1357 Juvenile judges practicing law; certain judicial circuits; repeal prohibition .........................................................................................................HB 1358 Juvenile judges practicing law; certain judicial circuits; repeal prohibition.........................................................................................................HB 1473 Juvenile judges practicing law; certain judicial circuits; repeal prohibition.........................................................................................................HB 1884 Marriage ceremonies; gratuities.........................................................................................SB 495 Probate court; chief clerk acting as judge; compensation.............................................SB 554 Probate court judges; nonpartisan election....................................................................HB 211 Probate court judges; nonpartisan election - CA...........................................................HR 102 Probate court judges; nonpartisan election; qualifying...................................................SB 62 Probate court judges; office hours; exception .................................................................SB 291 Sentence review panel; repeal certain provisions ............................................................HB 83 State court judge; residency requirement........................................................................SB 486 Superior court judges; appointment................................................................................HB 239 Superior court judges; election...........................................................................................HB 99 Superior Court Judges Retirement; service credit........................................................HB 183 Superior Court Judges Retirement; service credit .........................................................SB 149 Superior court judges; urge single-member districts and abolition of majority vote............................................................................................HR 1135 Superior courts; closed circuit television criminal hearings; judges implement............................................................................................................HB 878 Superior courts; request senior judge; consent of counsel............................................HB 680 Superior courts; single-member districts; residency requirements...............................HB 98 Superior courts; terms of office - CA................................................................................HR 77 Supplement; certain judicial circuits; population classification................................HB 1568 Trial Judges and Solicitors Retirement; certain members over 70; failure to retire..................................................................................................SB 529 Trial Judges and Solicitors Retirement; county supplement.......................................SB 546 Trial Judges and Solicitors Retirement; senior judges or district attorneys emeritus; appointment; powers...................................................................HB 900
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INDEX
6027
JUDGMENTS Periodic Payment of Judgments Act; enact.................................................................HB 1329 Probate courts; default judgments; medical insurance; certain - guardianships.................................................................................................................HB 1238
JUDICIAL CIRCUITS Assistant district attorney; certain circuits; population classification..................................................................................................................HB 1567 Assistant district attorney; repeal provisions; population figures.............................HB 1907 Atlanta; assistant district attorneys; salaries ...............................................................HB 1398 Augusta; payment of fines..................................................................................................SB 817 Augusta; payment of fines directly to counties............................................................HB 2174 Blue Ridge; add judge.........................................................................................................SB 364 Brunswick; add judge.......................................................................................................HB 1030 Brunswick; add judge..........................................................................................................SB 314 Certain circuit; assistant district attorney; population provisions............................HB 1157 Certain circuit; judges' expense allowance; population provisions............................HB 1158 Chattahoochee; add judge ...............................................................................................HB 1918 Clayton; district attorney; county supplement ...............................................................SB 663 Clayton; judges; county supplement.................................................................................SB 662 Cobb; add judge..................................................................................................................HB 669 Cobb; district attorney, assistants, investigators; compensation...................................................................................................................HB 960 Cobb; judges; supplement...................................................................................................SB 371 Conasauga; add judge.........................................................................................................HB 672 Conasauga; certain investigators; arrest powers .............................................................SB 850 Dougherty; add judge; Tallapoosa Judicial Circuit; add judge .................................HB 1943 Enotah; create...................................................................................................................HB 1288 Flint; add judge.................................................................................................................HB 2094 Griffin; add judge................................................................................................................SB 334 Gwinnett; add judge...........................................................................................................HB 534 Judges' allowances; repeal provisions; population figures..........................................HB 1909 Judges' supplement; certain circuits; population classification.................................HB 1568 Juvenile judges practicing law; repeal prohibition......................................................HB 1357 Juvenile judges practicing law; repeal prohibition......................................................HB 1358 Juvenile judges practicing law; repeal prohibition......................................................HB 1473 Juvenile judges practicing law; repeal prohibition......................................................HB 1884 Lookout Mountain; add employees................................................................................HB 1084 Lookout Mountain; add judge..........................................................................................HB 354 Northeastern; add judge....................................................................................................HB 939 Northern; add judge.........................................................................................................HB 1669 Ogeechee; add judge...........................................................................................................HB 958 Rockdale; add judge............................................................................................................SB 127 South Georgia; add judge..................................................................................................HB 345 Southern; add judge............................................................................................................SB 776 Special circuits; investigative grand juries, trial juries, courts, and personnel - CA................................................................................HR 260 Special circuits; investigative grand juries, trial juries, courts, and personnel - CA ..................................................................................SR 70 Stone Mountain; add judge................................................................................................SB 301 Stone Mountain; superior court judges; supplement..................................................HB 2082 Western; add judge...........................................................................................................HB 1784
JURIES Child support determination hearings; prohibit jury trial.........................................HB 1318 Driving under the influence; trial by jury; waiver..........................................................SB 525 English language requirement...........................................................................................SB 504 Equal number of peremptory challenges.........................................................................SB 383
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6028
INDEX
JURIES (Continued) Felony; trial upon accusations; grand jury indictment...............................................HB 1136 Felony trials; size of jury panel; number of peremptory challenges.........................HB 1710
~ Grand juries; authorization to inspect city buildings and records............................HB 1501 Grand or trial jurors; eligibility to serve again; certain counties ..............................HB 1178 Impanel additional grand jurors; district attorney's request..........................................SB 85 Jury duty; exempt persons 65 or older .........................................................................HB 1213 Jury list compilation; include motor vehicle registrants ................................................HB 10 Jury list for commercial purposes; prohibit...................................................................HB 308 Jury of 12 in civil action; $100,000 or more....................................................................SB 517 Peremptory challenges; equal number..........................................................................HB 1635 Peremptory challenges; equal number ..........................................................................HB 1797 Public Safety Department; furnish certain list................................................................HB 21 Special judicial circuits; investigative grand juries, trial juries, courts, and personnel - CA................................................................................HR 260 Special judicial circuits; investigative grand juries, trial juries, courts, and personnel - CA..................................................................................SR 70 Stenographer at grand jury proceedings; certain counties; change population figure.............................................................................................HB 2144 Trial jurors; certain rights and authority; court inform.............................................HB 1788 Unexcused absent juror; judges; contempt power..........................................................SB 675
JURISDICTION AND VENUE Criminal cases; probated sentences; amend provisions ..............................................HB 1313 Transfer of indictment and accusation...........................................................................HB 847
JUVENILE PROCEEDINGS Alternative placement programs for nonviolent youthful offenders; urge support................................................................................................HR 1006 Athens-Clarke County; juvenile court; transfer to state-wide services....................HB 1494 Bibb County; juvenile services; transfer to state-wide system..................................HB 1578 Certain records; inspection................................................................................................HB 683 Children and Youth Coordinating Council; authority to inspect juvenile records................................................................................................................SB 492 Children; certain cases; provide legal counsel................................................................HB 180 Children in foster care; periodic reviews.........................................................................HB 662 Children in foster care; periodic reviews .........................................................................SB 315 Counseling for children and parents; procedures and expenses................................HB 1977 Delinquency hearings; open to public..............................................................................SB 260 Department of Children and Youth Services; create..................................................HB 1549 Deprived child in foster care; periodic reviews..............................................................HB 519 Designated felony; drug trafficking....................................................................................HB 87 Georgia Children and Youth Overview Committee; create..........................................HB 302 Joint Steering Committee for the Georgia General Assembly's Conference on Teenage Homicides and Suicides; create..........................................HR 413 Jurisdiction; prohibit for certain crimes.........................................................................HB 212 Juvenile court; senior judge; create office.......................................................................HB 572 Juvenile court; transferred case; death penalty prohibition........................................HB 155 Juvenile judges practicing law; certain judicial circuits; repeal prohibition.........................................................................................................HB 1357 Juvenile judges practicing law; certain judicial circuits; repeal prohibition.........................................................................................................HB 1358 Juvenile judges practicing law; certain judicial circuits; repeal prohibition .........................................................................................................HB 1473 Juvenile judges practicing law; certain judicial circuits; repeal prohibition.........................................................................................................HB 1884 Juvenile justice services; local provision; incentives ......................................................SB 378 Parental rights; amend Code ..........................................................................................HB 1076
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INDEX
6029
JUVENILE PROCEEDINGS (Continued) Paternity determination; juvenile court jurisdiction; certain cases..........................HB 1072 Victim impact statement....................................................................................................SB 644 Youth development centers; decision making; provisions..........................................HB 1075
K
K. T. KENNEDY REEF; designate.................................................................................HR 500 KEADLE, JOE M.; commend...........................................................................................HR 824 KELLEY, OZELL; commend ........................................................................................HR 37EX
KENDRICK HIGH SCHOOL Football team; invite to House.........................................................................................HR 876 Marching band; invite to House.......................................................................................HR 877
KENNESAW, CITY OF Corporate limits................................................................................................................HB 1610 Municipal court; powers .....................................................................................................SB 628
KEY AIRLINES; commend ............................................................................................HR 1203 KEY, THEODORE W.; commend................................................................................HR 57EX KEYS, BRADY, JR.; commend........................................................................................HR 982 KIDS' CHANCE, INC.; commend...............................................................................HR 78EX KIMSEY, HATTIE HOWELL; one hundredth birthday; commend ........................HR 799 KING, CAROL JOHNSON; commend ........................................................................HR 1001 KING, CHARLES H., JR.; condolences.........................................................................HR 763 KING, MATTHEW ALLEN; commend.........................................................................HR 994 KINGSLAND, CITY OF; homestead exemption; certain residents ........................HB 2016 KINNEY, BEATRICE HUNTER; commend.............................................................HR 1178 KITE, CITY OF; new charter..........................................................................................HB 1762 KIWANIS GOLDEN K #1901; commend.................................................................HR 1129
L
LABOR AND INDUSTRIAL RELATIONS Collective bargaining; factfinder; recommendations.....................................................HB 636 Department of Natural Resources; unclassified hourly employees; selection............................................................................................................................HB 938 Educational assistance program; Labor Department personnel................................HB 1658 Employees; certain family or medical leave...................................................................HB 510 Employees; off-duty lawful activities; nondiscrimination.............................................SB 256 Employees; use of legal agricultural commodities; nonworking hours .......................HB 925
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6030
INDEX
LABOR AND INDUSTRIAL RELATIONS (Continued) Employment security; aliens; hearing officers; extended benefits...............................SB 560 Equal Employment Opportunity Act; enact...................................................................HB 153
-Former employers; references; immunity from liability.............................................HB 1215 Income tax credit; certain employers; certain employee health coverage..................HB 944 Income tax; quarterly and monthly returns; deadline for filing ...............................HB 1306 Joint Workers' Compensation Study Committee; create.............................................HR 182 Labor organizations; nonmembers; pay fair share fee................................................HB 2053 Labor pools; regulation; unlawful practices; penalties................................................HB 1912 Local boards of education; certain written employment contracts.............................HB 719 MARTA; collective bargaining; neutral arbitrator........................................................HB 738 Merit system; permanent employees; adverse actions...................................................SB 106 Minors; working hours; prohibitions................................................................................HB 368 Multiple employer self-insured health plans; premium taxes; surplus accounts............................................................................................................HB 1922 Privacy for Consumers and Workers Act; enact..........................................................HB 2097 Public Employees Relations Act of 1991; enact.............................................................HB 862 Public employment announcements; posting date........................................................HB 591 Smoking; amend provisions...............................................................................................HB 728 State contracts; prohibitions; person, firm, or corporation convicted of discrimination...........................................................................................HB 304 Workers' compensation; action against third-party tort-feasors.................................HB 144 Workers' compensation; allowable medical charges; determination............................SB 687 Workers' compensation; amend provisions...................................................................HB 1550 Workers' compensation; amend provisions...................................................................HB 1679 Workers' compensation; certain nonprofit groups; coverage .......................................HB 307 Workers' compensation; certain trust fund; General Assembly provide by law - CA.......................................................................................................HR 863 Workers' compensation; comprehensive revision of provisions....................................SB 629 Workers' compensation; definition of employee; exclude certain volunteers.......................................................................................................................HB 1001 Workers' compensation; employer's failure to pay; penalty........................................HB 550 Workers' compensation; health benefits; pilot projects..............................................HB 1709 Workers' compensation; health benefits; pilot projects; local governments; group self-insurance fund.............................................................SB 723 Workers' compensation; injured employees; designated physician.............................HB 349 Workers' compensation; insurance rates; adverse experience modification factors; restrictions................................................................................HB 1476 Workers' compensation; rehabilitation benefits; catastrophic injury.........................HB 815 Workers' compensation; rejected policies; vendors of logging services.......................SB 701 Workers' compensation; revise provisions ....................................................................HB 1082 Workers' compensation; rights of employees .................................................................HB 407 Workers' Compensation Study Commission; create....................................................HB 2083 Workers' compensation; subrogation of employer's rights...........................................HB 222 Workers' Compensation Trust Fund; General Assembly provide by law - CA.........SR 475
LAFAYETTE, CITY OF; corporate limits...................................................................HB 1772
LAGRANGE HIGH SCHOOL FOOTBALL TEAM; invite to House ..................HR 729
LAKE PARK, CITY OF; mayor and council; election...............................................HB 1317
LAMAR COUNTY Board of commissioners; districts ..................................................................................HB 1987 Board of education; districts...........................................................................................HB 1988
LAMAR COUNTY HIGH SCHOOL; commend 1992 graduates ...........................HR 1101
LAND (See Property)
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INDEX
6031
LANDLORD AND TENANT Certain lease agreements; discharge of sales and use tax............................................HB 431 Local governments; fair rent commission.......................................................................HB 111 Nonresident landlords; service of complaints ..............................................................HB 1270 Property; tenant set aside dispossessory default.........................................................HB 1079 Utilities; repeal certain provisions .................................................................................HB 1557 Water companies; unpaid charges; limited liens ..............................................................SB 10
LANDSCAPE ARCHITECTS; continuation of board..............................................HB 1350
LAURENS COUNTY Education; capital outlay; certain sparsity systems; consolidation hearings..................................................................................................HB 1482 Education; capital outlay funds; sparsity systems .........................................................SB 488
LAW ENFORCEMENT OFFICERS AND AGENCIES Campus policemen; certain colleges; repeal certain definition....................................HB 610 Certain driver's licenses and identification cards; retroreflective finish.................................................................................................................................HB 786 Certain parking provisions; appoint handicapped persons to enforce.....................HB 2121 Certain public employees; indemnification; $100,000...................................................HB 705 Certain speeds; use blue light and siren.........................................................................HB 751 Certain training costs; reimbursement..........................................................................HB 1829 Citizens of adjoining states; training; reimbursement in certain instances ..............................................................................................................SB 750 Civil practice; service of process by publication; certain requirements ....................................................................................................HB 1088 Complaints against officers; establish criteria for handling.........................................HB 854 Controlled substances; offense by officer or prison guard; felony..............................HB 242 Counties and municipalities; employ police paraprofessionals..................................HB 1140 County police force; creation; approval by voters.......................................................HB 1236 Criminal justice; complaint forms; identification of student and name of school.......................................................................................................HB 1296 Criminal Justice Coordinating Council; add member.................................................HB 1641 Department of Public Safety; amend provisions..............................................................SB 74 Department of Public Safety; use of equipment by uniformed personnel.................SB 493 Domestic violence; specialized training for peace officers............................................HB 444 Elections; public safety examiners; deputy registrars...................................................HB 206 Employees' Retirement; contributions............................................................................HB 452 Family violence or protective order violations; arrest without warrant.....................HB 298 Family violence; reports and training............................................................................HB 1763 Firearm sales; instant background check; regulations...................................................SB 150 Firearms; peace officer provisions; amend.........................................................................SB 53 Georgia Crime Information Center; criminal history records; availability to county registrars....................................................................................HB 207 Housing authority police; powers.....................................................................................HB 231 Inmates with infectious disease or HIV infected; notification.....................................SB 128 License examiners; deputies to certain boards of registrars........................................HB 473 Mandatory retirement age; certain Public Safety and GBI employees...................HB 1810 Motor vehicles; affixing covering materials to headlights or windows; amend.......................................................................................................HB 1137 Motor vehicles; amend provisions.....................................................................................SB 505 Motor vehicles; flashing blue light; prohibit other than police use..........................HB 1478 Motor vehicles; radar speed detection devices on hills; delete certain prohibition...............................................................................................SB 550 Motor vehicle theft prevention program; establish.......................................................HB 807 Peace Officers' Annuity and Benefit; certain officers; membership............................SB 341 Peace Officers' Annuity and Benefit; creditable service...............................................SB 122
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6032
INDEX
LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Peace Officers' Annuity and Benefit; felony conviction; rights... ...... ..........................HB 580 Peace officers; basic training course; completion ................................ ..........................HB 631
- Searches with warrants; destruction of property; liability ........................ :................HB 1749 Secondary metals recyclers; regulate ....................................................................... ......HB 1756 Sheriffs; qualifications; amend provisions ........................................ ............................HB 1613 Simple battery against police officer or law enforcement dog; penalty ................ ......SB 255 Speed detection devices; certain conditions; prohibit permit....................... .............HB 1813 Speed detection devices; repeal certain requirements ................................. ..................SB 779 State Patrol Disciplinary Board; abolish ..................................................................... .HB 1530 Truthful reports from certain persons; privileged communications.. ...................... ....SB 285 Witness fees.........................................................................................................................HB 148 Witness fees.........................................................................................................................HB 161 Witness fees; pay certain officers.............. ........................................................... ..........HB 1830
LAWRENCEVILLE, CITY OF Corporate limits .................................................................................................... ..........HB 22EX Corporate limits ............................................................................................................... .HB 1757
LAWSON, HONORABLE BOBBY; committee assignment.....................................Page 11
LAZENBY, ELMA JEAN CODY; commend...............................................................HR 776
LEADERSHIP CLAYTON AND CLAYTON LEADERSHIP NOW ........................................................................................................................HR 1189
LEATHERS, ROBERT T.; commend...........................................................................HR 1079
LEDFORD, OFFICER JOE R.; invite to House.............................. ........................ ..HR 1171
LEE COUNTY Board of commissioners; districts ................................................................................ ..HB 2055 Board of elections; repeal Act....... ................................................................................. ...HB 532 Lee County Utilities Authority; create. ................................................................ .........HB 1738
LEGISLATIVE COUNSEL Commend Editing Department ......................................................................................HR 1068 Communications................................................ ................................... ......Pages 12, 13, 208, 210
LEVERT; musical group; commend ..............................................................................HR 31EX
LEWIS, BILL; head football coach at Georgia Tech; invite to House .......................HR 925
LIABILITY AND LIABILITY INSURANCE Accountants; actions for damages; limitations.. ......................................................... ..HB 1219 Athletic team physician; voluntary service; liability ............................................... ....HB 1711 Auctioneers and used motor vehicle dealers; licensing provisions... .............. ...........HB 1637 Boats and personal watercraft; regulate operation.... .................................................. ...SB 474 Certain state retirees; medical and dental services. .................................................... ...SB 465 Chiropractors; scope of practice; liability ................................................................... ..HB 1483 Civil action; injury to minor child; limitation... .................................................... ..........SB 305 Claimant's request; insurer's failure to comply; sanctions...... ........................ .............HB 347 Condominiums; certain expenses ..................................................................... ................HB 543 Drug abuse prevention services; good faith provider; liability .............................. ......HB 827 Equine activities; immunity from liability for certain persons ................................. ...SB 287 Foreign limited liability companies; provisions ...................................................... .....HB 1649 Former employers; references; immunity from liability ........................................... ..HB 1215 Georgia Direct-Entry Midwifery Act; enact. ....................................................... .........HB 1535 Georgia Prescribed Burning Act; enact.... ................................................................. .......SB 543 Georgia Tort Claims Act; enact............... ....................................................................... ..HB 606 Georgia Tort Claims Act; enact............ ............................................................................ .SB 415
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INDEX
6033
LIABILITY AND LIABILITY INSURANCE (Continued) High-voltage Safety Act; amend provisions..................................................................HB 1663 Hospice patient; pronouncement of death by registered nurse.................................HB 1857 Hospice patient; pronouncement of death by registered professional nurse............................................................................................................SB 693 Hospital Cost Containment Law; enact........................................................................HB 1841 Insurer; refusal to settle claim; certain liability...........................................................HB 1752 Jury of 12 in civil action; $100,000 or more....................................................................SB 517 Liability and casualty insurers; customer affairs and information department; establish.............................................................................HB 1402 Liability and casualty insurers; information to claimant ...........................................HB 1421 Liability insurance; psychotherapist and patient; prohibit certain exclusions..........................................................................................................HB 1714 Livestock dealers; leased livestock sales; liability to owner or lessor ..............................................................................................................HB 1540 Medical malpractice; expert witness; qualifications......................................................HB 621 Medical malpractice; provisions.....................................................................................HB 1608 Motor vehicle service agreement companies; regulate ................................................HB 1090 Natural Resources Department; programs on public property; volunteer services..........................................................................................................HB 1387 Patient cost of care; amend provisions ............................................................................SB 790 Searches with warrants; destruction of property; liability.........................................HB 1749 State officers and employees; consolidated insurance program................................HB 1933 Structural pest control business.....................................................................................HB 1348 Students and possessions; authorized searches on school property..........................HB 1992 Torts; certain donations to nonprofit organizations; liability....................................HB 1331 Torts; certain drugs; punitive damages; limitations and exception..........................HB 1332 Torts; Elimination of Double Recoveries Act; enact...................................................HB 1330 Torts; Joint and Several Liability Abolition Act; enact .............................................HB 1328 Torts; liability of accountants; limitations ...................................................................HB 1220 Torts; medical malpractice..............................................................................................HB 1522 Torts; medical malpractice; provisions..........................................................................HB 1336 Torts; Noneconomic Damage Awards Act; enact........................................................HB 1327 Torts; special damages; payments from collateral sources.........................................HB 1247 Trade practices; solicitation of elderly; regulate..........................................................HB 1819 Uncompensated medical care; limitation.........................................................................HB 681 Uniform Commercial Code; amend..................................................................................HB 762 Uniform Commercial Code; revise...................................................................................HB 761 Workers' compensation; action against third-party tort-feasors.................................HB 144 Workers' compensation; amend provisions...................................................................HB 1550 Workers' compensation; subrogation of employer's rights...........................................HB 222 Youth development centers; decision making; provisions..........................................HB 1075
LIBERTY COUNTY Alcoholic beverage sales; population brackets..............................................................HB 1708 Alcoholic beverages; Sunday sales and sales by drink; sales in coliseums; population.....................................................................................HB 1451 Board of commissioners; districts ..................................................................................HB 1251 Board of education; create ..............................................................................................HB 1252
LIBRARIES; boards of trustees; compensation..............................................................HB 579
LICENSE PLATES AND REGISTRATION Ad valorem tax; motor vehicles and mobile homes; certain requirement.................HB 943 Commercial vehicle registration; reciprocal agreements; deadlines..........................HB 1686 County decal fee; authorize...............................................................................................HB 661 County decals; prohibitions.................................................................................................HB 15 Disabled veterans; joint ownership of vehicle with spouse...........................................SB 568
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6034
INDEX
LICENSE PLATES AND REGISTRATION (Continued) Driving under the influence; symbol of conviction; affix to license plates ...................................................................................................HB 1268
- Fees; amend provisions....................................................................................................HB 1145 Handicapped parking; other than named person; prohibitions ...................................SB 688 McDuffie County; motor vehicles; designated registration........................................HB 1100 Motor carriers; registration cards and identification markers; certain outstanding penalties or fees........................................................HB 1670 Motor common carrier; Public Service Commission; requirement.............................HB 382 Motor vehicles; amend Code.............................................................................................HB 245 Motor vehicles; amend provisions....................................................................................HB 494 Motor vehicles; amend provisions.....................................................................................SB 505 Motor vehicles; certificate of registration; remain in vehicle during operation............................................................................................................HB 1825 Motor vehicles; certificate of title; inspection of records...........................................HB 1809 Motor vehicles; return for taxation; amend provisions...............................................HB 1826 National Guard; spouse of member or retired member ................................................SB 733 Newton County; motor vehicle registration; designated periods...............................HB 1731 Off-road vehicles; provisions...........................................................................................HB 2124 Prohibit obstruction on vehicles.....................................................................................HB 1602 Revalidation decals; placement......................................................................................HB 1135 Special plates; annual fee..................................................................................................HB 260 Special plates; armed forces of United States................................................................SB 351 Special plates; certain disabled veterans ......................................................................HB 1758 Special plates; certain reservists and National Guard members....................................SB 81 Special plates; firefighters; amend provisions................................................................HB 613 Special plates; licensed emergency medical technicians...............................................HB 838 Special plates; Pearl Harbor veterans; number required...........................................HB 1853 Special plates; prisoners of war; include Persian Gulf War.......................................HB 1087 Special plates; reservists and National Guard; certain units outside state ........................................................................................................HB 1445 Special plates; retired reservists.....................................................................................HB 1259
LICENSES (Also, see Named License) Ad valorem tax; motor vehicles and mobile homes; certain requirement.................HB 943 Amusement machines; sales tax exemption; licensing provisions .............................HB 1256 Aquaculture Development Act; repeal; reenact..............................................................SB 630 Auctioneers and used motor vehicle dealers; provisions............................................HB 1637 Bird dealers; fees ..............................................................................................................HB 1197 Blasters; licensing provisions..........................................................................................HB 1485 Certain driver's licenses and identification cards; retroreflective finish.......................................................................................................HB 786 Certain traffic offenses; persons under age 18; suspend driver's license until 18................................................................................................................HB 868 Commercial driver's license; time for obtaining; urge extension ..............................HR 1170 Commercial feeds; amend provisions.............................................................................HB 1200 Controlled substances or marijuana; misdemeanor possession conviction; driver's license suspension .........................................................................SB 290 Counties and municipalities; business license issuance; require proof of state license ......................................................................................HB 1718 Crematories; exception.....................................................................................................HB 1472 Denturist Practice Act; enact.........................................................................................HB 1875 Department of Human Resources; actions against licensees; amend provisions..........................................................................................................HB 1661 Department of Human Resources; certain licensing; fee provisions.........................HB 1601 Distilled spirits; retail dealer license; provisions.........................................................HB 1600 Driver training schools; surety bond, fee, and license provisions...............................HB 824 Driver's license; age 18 years or under; education requirements..................................HB 23
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INDEX
6035
LICENSES (Also, see Named License) (Continued) Driver's license; parent's signature; subsequent application......................................HB 1590 Driver's license reinstatement; certain courses; out-of-state certificate.................................................................................................^ 1508 Driver's license; renewal by mail; limitations...............................................................HB 1222 Driver's license restoration; certain clinics; restrict solicitations..............................HB 1582 Driver's license suspension; certain course completion for reinstatement.............................................................................................................SB 596 Driver's license suspension; change provisions and penalties.......................................SB 274
Driver's license suspension; driving under the influence; amend provisions.............................................................................................................SB 489
Driver's license suspension; driving under the influence; amend provisions.............................................................................................................SB 665
Driver's license suspension; possession of alcoholic beverages by persons under age 21; DUI Alcohol or Drug Use Risk Reduction Program .........HB 150
Driver's license suspension; refusing chemical test; certain traffic accident; definition................................................................................HB 451
Driver's license suspension; reinstatement.....................................................................HB 840 Driver's license suspension; repeal certain provisions;
driving under the influence; nolo contendere plea.....................................................SB 478 Driver's license; vision standards; special license plates; certain
reservists and National Guard members........................................................................SB 81 Drivers' licenses and instruction permits; age restrictions.........................................HB 1139 Drivers' licenses; driving under the influence; implied consent...................................SB 528 Drivers' licenses; highlighted birthdate; renewal by mail..........................................HB 1868 Drivers' licenses; migrant farm workers; exemption...................................................HB 1138 Drivers' licenses; personal identification card for
mentally retarded persons...........................................................................................HB 1937 Drivers' licenses; serious offender status; provisions..................................................HB 1938 Drivers' licenses; suspension; exemption of application fee.......................................HB 1462 Drivers' licenses; traffic violations; driver improvement program............................HB 1275 Driving under the influence; first offenders;
education/intervention program...................................................................................HB 159 Driving under the influence; marked driver's license and
bumper sticker ................................................................................................................HB 530 Driving with suspended license; increase penalty.........................................................HB 163 Driving with suspended license; increase penalty .........................................................HB 300 Driving with suspended license; municipal court; jurisdiction..................................HB 1216 DUI alcohol or drug use risk reduction programs; instructors;
criminal records checks..................................................................................................HB 358 Electrical contracting license; include low-voltage contracting...................................HB 869 Electrical contractors, plumbers, conditioned air contractors,
low-voltage contractors, and utility contractors; change declaration of purpose....................................................................................................HB 797 Electrical, plumbing, or conditioned air contractors; licensing; grandfathering..............................................................................................HB 1840 Engineers and land surveyors; amend provisions..........................................................HB 143 Farm wineries in state; wine in bond; sell to each other .............................................HB 756 Firearms possession; those prohibited; identification method....................................HB 640 Fireworks; certain types; sales........................................................................................HB 1035 Fishing; amend provisions...............................................................................................HB 1324 Flue-cured leaf tobacco; auction sales; license fees.....................................................HB 1199
Foreign limited liability companies; provisions ...........................................................HB 1649
Fraternal benefit societies; extensively revise provisions.............................................HB 799
Funeral directors and embalmers; amend provisions..................................................HB 1349
Funeral directors and embalmers; apprenticeship; registration..................................HB 576
Funeral establishments; amend provisions...................................................................HB 2136
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6036
INDEX
LICENSES (Also, see Named License) (Continued) Game and fish; amend fee provisions; registration of vessels; increase fees.....................................................................................................HB 1392 Game and fish; catch-out pond; definition and provisions ........................................HB 1947 Georgia Certified Fire Investigators Act; enact .............................................................HB 969 Georgia Practical Nurses Practice Act; enact.................................................................SB 599 Grain dealer, commercial feed dealer, or warehouseman; annual license fee..........................................................................................................HB 1723 Grain dealers; fees............................................................................................................HB 1198 Hazardous waste management; siting facilities; provisions...........................................SB 745 Health related professions; prohibitions on invasive procedures; provisional licenses and impaired doctor programs; practicing dentistry without a license........................................................SB 159 Hearing aid dealers and dispensers; speech-language pathologists and audiologists; licensing.....................................................................HB 1434 House License, Occupation, and Professional Tax Study Committee; create...........................................................................................................HR 733 Hunting, fishing, and trapping license agents; self-insurance fund; defalcation .............................................................................................................HB 708 Insurance agents, solicitors, brokers, counselors, and adjusters; amend licensing provisions...........................................................................SB 747 Insurance agents, solicitors, brokers, counselors, and adjusters; licensing; comprehensive revision.............................................................HB 1870 Irrigation contractors .........................................................................................................HB 559 License fee exemption; solar or electric powered vehicles .........................................HB 1551 Liming Materials Act of 1992; provisions........................................................................SB 521 Limousine carriers; Public Service Commission regulate...........................................HB 1031 Live fox; trapping and selling; provisions .....................................................................HB 1668 Manufactured and mobile homes; dealers and installers ...........................................HB 1039 Marriage licenses; amend provisions .............................................................................HB 1822 Marriage licenses; require HIV testing..........................................................................HB 1246 Massage, State Board of; create.....................................................................................HB 1071 Massage therapists; registration .......................................................................................HB 192 Massage therapists; registration .....................................................................................HB 1070 Master plumbers; examination requirements.................................................................HB 581 Motor common carrier; Public Service Commission license plate; requirement......................................................................................................................HB 382 Motor vehicle insurance cancellation; second offense; driver's license suspension...........................................................................................HB 2117 Motor vehicle rentals; regulate.........................................................................................HB 918 Motor vehicles; amend Code.............................................................................................HB 245 Motor vehicles; amend provisions.....................................................................................SB 505 Motor vehicles; certificate of registration; remain in vehicle during operation............................................................................................................HB 1825 Motor vehicle service agreement companies; regulate................................................HB 1090 Motor vehicles; unlawful passing of school bus; penalties.........................................HB 2118 Nonapproved medical schools; certain graduates; limited licenses...........................HB 1736 Occupation taxes; telecommunication services; county license ...................................HB 677 Occupation taxes; utility services; county license..........................................................HB 629 Off-road vehicles; registration provisions......................................................................HB 2124 Pawnbrokers; regulation and licensing............................................................................HB 471
Perishable Agricultural Commodity Act; provide........................................................HB 1414
Personal care homes; certain services; prohibit certain representations..............................................................................................................HB 1640
Personal care homes; definitions; licensing provisions ...............................................HB 1910
Personal care homes; long-term care ombudsman .........................................................SB 561
Personal care homes; redefine; provisions....................................................................HB 2119
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INDEX
6037
LICENSES (Also, see Named License) (Continued) Pet dealers and kennel, stable, and animal shelter operators; fees..........................HB 1201 Pharmacists; license hearings; certain disabilities.........................................................HB 136 ^Physical therapists; State Board's authority..................................................................HB 185 Pistol or revolver; license to carry; five-hour training..................................................HB 460 Private detective and private security agency; denial of license.................................HB 160 Real estate appraisers; certain exemption....................................................................HB 1289 Roofing contractors; regulate..........................................................................................HB 1290 Therapeutic Recreation Licensing Act; enact.................................................................SB 464 Trademark registration; revise fees; corporations, partnerships, and associations; revise fees................................................................HB 1682 Used motor vehicle parts dealers, dismantlers, rebuilders, and salvage dealers; amend provisions......................................................................HB 1914 Veterans' drivers' licenses; qualifications ..........................................................................SB 69 Veterans' drivers' licenses; qualifications........................................................................SB 199 Veterans' drivers' licenses; requirements; clarification..................................................SB 555 Warehouses; license and inspection fees.......................................................................HB 1225 Water well contractors; continuing education program; provisions..........................HB 1477
LIENS AND MORTGAGES Condominiums; certain expenses; liability......................................................................HB 543 Georgia Property Owners' Association Act; enact.......................................................HB 1078 Hospitals; perfecting lien; time period.............................................................................SB 170 Humane Care for Equines Act; enact............................................................................HB 1265 Humane Care for Equines Act; enact; certain agricultural, farm, and crop definitions........................................................................................................SB 520 Loan brokers; prohibitions..............................................................................................HB 1210 Loan brokers; prohibitions..............................................................................................HB 1214 Loan brokers; prohibitions..............................................................................................HB 1240 Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; provisions.................................................................HB 628 Motor vehicles; moving or storing; liens..........................................................................SB 339 Pawnbrokers; amend provisions.....................................................................................HB 1144 Property; lien against previous owner; cancellation....................................................HB 1585 Property to secure debt; title reversion; change time.................................................HB 1586 Real estate; trust or escrow accounts; federally insured ............................................HB 1283 Tax lien; security interest; priority................................................................................HB 1722 Water companies; unpaid charges; limited liens ..............................................................SB 10
LIEUTENANT GOVERNOR Communications.....................................................................................................Pages 209, 211 Four-year terms; limit service - CA.................................................................................HR 872 Governor and Lieutenant Governor; one six-year term - CA........................................HR 17
LIFE INSURANCE Agents, solicitors, brokers, counselors, and adjusters; amend licensing provisions.............................................................................................SB 747 Agents, solicitors, brokers, counselors, and adjusters; licensing; comprehensive revision...............................................................................HB 1870 Amend provisions .............................................................................................................HB 1989 Assumption reinsurance agreements; provisions ............................................................SB 724 Claim; when filed; interest ..............................................................................................HB 1666 Fraternal benefit societies; extensively revise provisions.............................................HB 799 Insurable interest; charitable institution; life of donor................................................HB 903 Insurers; certain rate changes; notify policyholders.........................................................SB 79 Premium taxes; amend provisions.................................................................................HB 1426
LILBURN, CITY OF Corporate limits................................................................................................................HB 2143 Franchises; time for granting..........................................................................................HB 1941
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6038
INDEX
LINDSEY, HONORABLE JOHN; commend............................................................HR 1055
LINGEFELT, GEORGE; commend.................................................................................HR 656
LINWOOD, TOWN OF; repeal charter.......................................................................HB 32EX
LITMAN, BISHOP JOHNNY LEE, JR.; commend ...............................................HR 1045
LIVELY, DAVID EARL; commend...............................................................................HR 703
LIVESTOCK Cruelty to animals; define offense.................................................................................HB 1691 Dealers; leased livestock sales; liability to owner or lessor........................................HB 1540 Equine activities; immunity from liability for certain persons....................................SB 287 Humane Care for Equines Act; enact............................................................................HB 1265 Humane Care for Equines Act; enact; certain agricultural, farm, and crop definitions ........................................................................................................SB 520 Pet dealers and kennel, stable, and animal shelter operators; license fees...................................................................................................HB 1201
LOANS Education loans; service cancelable; gerontology and geriatrics fields..............................................................................................................HB 1150 Insurance Commissioner; certain fees; comprehensive revisions...............................HB 1297 Loan brokers; prohibitions..............................................................................................HB 1210 Loan brokers; prohibitions..............................................................................................HB 1214 Loan brokers; prohibitions..............................................................................................HB 1240
LOBBYING Change registration from Secretary of State to State Ethics Commission................SB 704 Communications from Secretary of State...............................Pages 140, 220, 224, 955, 1436, 1742, 2297, 2841, 3108, 4197, 4618, 5002, 5876, 5907 Public Officials Conduct and Lobbyist Disclosure Act; enact...................................HB 1125 Registration of representatives of state agencies.............................................................HB 20 Registration of representatives of state agencies..............................................................SB 55 State government; limitations...........................................................................................HB 855 Taxable net income; include campaign contributions and certain expenditures.....................................................................................................HB 1805
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Abandoned cemeteries; upkeep by counties and municipalities; reimbursement...............................................................................................................HB 1611 Ad valorem tax; millage rate; publication requirement................................................HB 250 Air Quality Act and Motor Vehicle Emission Inspection and Maintenance Act; recodify..........................................................................................HB 1440 Airports; acquisition; consent of electors........................................................................HB 121 Airports; acquisition, construction, and maintenance; required consent .....................HB 73 Airports; certain acquisitions; zoning laws .......................................................................HB 46 Airports; extraterritorial condemnation of property.......................................................HB 45 Alcoholic beverage sales on Sunday; remove prohibition.............................................HB 459 Annexation; comprehensive revision of provisions; unincorporated islands...................................................................................................HB 113 At-risk children and youth; establish goals.....................................................................SB 104 Bond funds; use in certain counties; revise population figures....................................SB 838 Business license; require proof of state license before issuing..................................HB 1718 Campaign contributions; rezoning applicants; disclosure..............................................SB 527 Certain counties; bond elections; provisions...................................................................HB 498 Certain counties; development authorities; population classification ......................HB 1231 Certain counties; uniform county commissioners law; repeal......................................HB 722
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6039
LOCAL GOVERNMENT (Also, see Counties or Municipalities) (Continued) Certain municipalities; alcoholic beverages; Sunday sales;
outdoor festivals............................................................................................................HB 1115 Certain municipalities; binding contracts; nonprofit aquariums...............................HB 1555
Certain municipal offices; commencement; General Assembly provide.....................HB 934 Collection of state moneys; retain percentage..............................................................HB 1940
Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law - CA........................................HR 33
Constitutional amendments repealed by local Act; referendum requirement; clarify........................................................................................................HR 997
Counties and municipalities; acquire property for airport runways; referendum......................................................................................................HB 166
Counties and municipalities; certain lake property; disposition...............................HB 1667
Counties and municipalities; certain multiyear contracts; referendum...................HB 1309
Counties and municipalities; collection of state moneys; retain percentage ..........................................................................................................HB 1790
Counties and municipalities; investment of certain funds...........................................HB 602 County attorneys; authorization; residency requirements............................................HB 371
County boards of commissioners; single-member districts..........................................HB 104 County courthouses; certain relocation; voter approval.............................................HB 1204 County funds; deposits; repeal certain provisions; population figures.....................HB 2048
County law libraries; board of trustees; membership.................................................HB 1861 County manager in certain counties; authorization; population figures.....................SB 743 County merger or division; remove certain requirement - CA....................................HR 526
County offices; nonpartisan elections; General Assembly provide by local law......................................................................................................................HB 500
County police force; creation; approval by voters.......................................................HB 1236
County real property; sale to highest bidder; provisions ...........................................HB 1675 Deposit of certain funds in treasury of certain counties;
change population figure................................................................................................SB 799
Development and redevelopment; downtown development authorities; amend........................................................................................................HB 1102
Development authorities; joint boards of directors; assumption of powers...................................................................................................HB 1733
Development authorities; number of directors ..............................................................HB 666 Emergency 911 service; monthly charge; local governments impose..........................HB 795
Emergency 911 systems; advisory board; create..........................................................HB 1583 Fair rent commission..........................................................................................................HB 111
Federal Commercial Motor Vehicle Safety Act of 1986; urge exemption of local government drivers.......................................................................HR 947
Firearms; regulation by state; exclusions........................................................................HB 375
Garnishments; charges for answering..............................................................................HB 384
Georgia Airport Development Authority Law; enact..................................................HB 1106 Georgia Community Antenna Television (CATV) Authority; create .......................HB 1037
Georgia Municipal Training Act; amend.....................................................................,HB 1107
House Study Committee on Local Government Revenue Diversification; create ....................................................................................................HR 411
Housing authorities; commissioners; number and selection ......................................HB 1089
Indian burial grounds, human remains, and burial objects; protection.........................................................................................................................HB 457
Joint Study Committee on Local Government Services; create..................................HR 894 Joint Study Committee on State and Local Government
Environmental Enforcement Authority; create ..........................................................SR 511
Law library funds in certain counties; repeal provisions...........................................HB 1783 Legal advertisements in certain counties; change population figure...........................SB 808
Local bills; intention to introduce; notice to governing authority..............................HB 565 Local expenditures and tax increases; General Assembly
limit by law - CA............................................................................................................HR 721
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6040
INDEX
LOCAL GOVERNMENT (Also, see Counties or Municipalities) (Continued) Local governments and boards of education; single-member districts.......................HB 103 Local hospital authorities; projects in other areas; operate upon request.....................................................................................................................SB 294
~ Local school superintendents; minimum salary; state funds.......................................HB 954 Local school systems; resident students; fees.................................................................HB 513 Metropolitan area planning and development commissions; election of members......................................................................................................HB 1179 Motor vehicle insurance; comprehensive revision..........................................................HB 314 Multiyear contracts; certain data; publication.............................................................HB 1811 Municipal authority; payment of utility bills; certain municipalities......................HB 1242 Municipal courts; certain crimes; jurisdiction; fines .....................................................HB 577 Municipal courts; criminal trespass; certain jurisdiction...........................................HB 1211 Municipal Employees Benefit; local authorities; participation .................................HB 1229 Municipalities; certain counties; boundaries; minimum requirements.......................HB 369 Pesticides; prohibitions....................................................................................................HB 1196 Planning and zoning; counties to exercise powers in inactive municipalities.................................................................................................HB 1408 Political subdivisions; property purchase; appraisal requirements.............................HB 499 Property in adjoining counties; prohibit purchase; exception...................................HB 1976 Revenue Bond Law; undertaking; change definition....................................................HB 638 Revenue bonds; services provided or made available; amend provisions ................HB 1750 Rezoning hearings; speakers submit campaign contribution disclosure...................HB 2061 Service of process; authorization....................................................................................HB 1116 Special service districts; administration........................................................................HB 1410 State and local government; public officials; stationery contain phone number...................................................................................................HB 955 Tax deferral for the elderly; certain counties; alternative method.............................HB 503 Water and sewer authorities; system improvement fees............................................HB 1103 Water and sewer systems materials; counties publish standards ................................SB 119 Water and sewer systems; materials sold by county; requirements .........................HB 1255 Water companies; unpaid charges; limited liens ..............................................................SB 10 Water safety programs; urge school systems adopt....................................................HR SEX Water system services; rates, fees, charges; county set..............................................HB 1057 Zoning procedures; certain counties; create separate planning commissions for major communities...........................................................HB 825 Zoning review procedures; change population figures ................................................HB 2045
LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Add employees..................................................................................................................HB 1084 Addjudge.............................................................................................................................HB 354 Assistant district attorney; population classification..................................................HB 1567 Assistant district attorney; population provisions.......................................................HB 1157 Judges; expense allowance; population provisions.......................................................HB 1158 Judges' supplement; population classification.............................................................HB 1568
LOTTERY Continuation; quadrennial voter approval - CA............................................................HR 895 Delete prohibitions; provide for nonprofit lottery - CA...............................................HR 226 Materials and equipment; manufacture for use outside state; authorization.....................................................................................................................SB 475 Materials and equipment; out-of-state sales; number of free replays..........................HB 50 Provisions.............................................................................................................................HB 780 Provisions...........................................................................................................................HB 1541 Repeal prohibitions - CA.....................................................................................................HR 35 Sales tax; retail sales definition; add lottery tickets...................................................HB 1235 State lottery for education construction trust fund; provide - CA.............................HR 181
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INDEX
6041
LOTTERY (Continued) State lottery; indigent care and educational purposes - CA..........................................HR 36 State lottery; provide for educational purposes - CA.....................................................HR 34
LOVEJOY HIGH SCHOOL; commend first graduating class.................................HR 1282
LOWNDES COUNTY Ad valorem tax; interest on unpaid taxes; change population figures .....................HB 2088 Ad valorem tax; time for returns; change population figures....................................HB 2085 Board of education; districts...........................................................................................HB 2106 Board of elections; repeal Act providing.......................................................................HB 1558 Investigate claim of disputed property .................................,..........................................SR 381
LOYD, JOHN THOMAS; commend...............................................................................HR 910
LUFTIG, TRISSA; commend .........................................................................................HR 1072
LUMPKIN COUNTY J. B. Jones Intersection; urge Department of Transportation name certain intersection............................................................................................HR 1228 Water and sewerage authority; amend provisions.......................................................HB 1985
LUPTON, HONORABLE JOHN M., Ill; resignation ..........................................Page 4603
LYLE, VIOLETTE ELLIOTT; commend.....................................................................HR 802
M
MACON, CITY OF At-large council seats; eliminate.....................................................................................HB 1925 Convey property..................................................................................................................HR 778 Housing authority; composition; population brackets ................................................HB 1951 Keep Macon-Bibb Beautiful Commission; invite to House .........................................HR 770 Macon-Bibb County Governmental Reorganization Study Commission; create..............................................................................................................................HB 1093 Macon-Bibb County Water and Sewerage Authority; consolidated charter; name change...................................................................................................HB 1913
MADDOX, JACQUE SUE; condolences........................................................................HR 768
MADISON COUNTY Board of commissioners; districts..................................................................................HB 1887 Board of education; districts...........................................................................................HB 1888 Homestead exemption; age 65........................................................................................HB 1498
MAGISTRATE COURTS Bad check prosecution; cash bonds; provisions...........................................................HB 1685 Bad checks; prosecution; citation.....................................................................................HB 620 Certain fees; increase .........................................................................................................HB 639 Certain funds; deposit in interest-bearing trust accounts..........................................HB 1592 Filing fees; maximum.......................................................................................................HB 1848 Mobile homes; decal violations.......................................................................................HB 1927 Probate court judges and magistrates; marriage ceremonies; gratuities..................HB 1166
MALOOF, ELLIS A.; condolences...................................................................................HR 960
MALOOF, MANUEL J.; invite to House.......................................................................HR 979
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6042
INDEX
MALT BEVERAGES (Also, see Alcoholic Beverages and Alcoholism) Alcoholic beverage sales on Sunday; remove prohibition.............................................HB 459 Certain sales on election day; prohibit.............................................................................SB 549
- Production for home consumption.....................................................................................HB 62 Refunds or credits for taxes; manner of collecting taxes..............................................SB 774 Sunday sales at festivals in certain counties...................................................................SB 728
MANGHAM, ELAINE AND DANIEL ROBERTS; commend..............................HR 919
MARCHING RIFLES OF GRIFFIN HIGH SCHOOL; commend ...................HR 84EX
MARIETTA HIGH SCHOOL BLUE DEVILS 1991 FOOTBALL TEAM; commend...............................................................................................................HR 858
MARIJUANA Candidates; drug testing; pauper's reimbursement.......................................................HB 601 Controlled substances; certain violations; prohibit first offender status.................................................................................................................HB 253 Controlled substances; distribution to unborn child; prohibit prosecution.....................................................................................................HB 1152 Controlled substances; forfeitures; proceeds ..................................................................HB 249 Controlled substances; forfeitures; proceeds .....................................................................SB 73 Controlled substances; forfeitures; proceeds ...................................................................SB 569 Controlled substances; offense by law enforcement officer or prison guard; felony........................................................................................................HB 242 Controlled substances or marijuana; misdemeanor possession conviction; driver's license suspension.........................................................................SB 290 Counterfeit substances within 1000 feet of school; felony ............................................SB 676 Drivers' licenses; driving under the influence; implied consent...................................SB 528 Driving with suspended license; increase penalty.........................................................HB 163 Drug-free recreation or residential zones; provisions.....................................................SB 592 Juvenile proceedings; designated felony; drug trafficking..............................................HB 87 Penal institutions; uniform drug testing; provisions...................................................HB 1066 Property exchanged for criminally derived funds; unlawful transaction...................HB 324 Public employee; certain final conviction; ineligible for office....................................HB 255 Trafficking in cocaine, illegal drugs, or marijuana; penalty......................................HB 1917 Trafficking near playground or housing project; penalties........................................HB 1779 Trafficking; penalty ..............................................................................................................HB 86 Trafficking; penalty..........................................................................................................HB 1480 Using minors to manufacture or distribute; penalty .....................................................SB 593
MARRIAGE (Also, see Domestic Relations) Common-law; proof; certain evidence required..............................................................HB 539 Domestic violence cases; spouse compelled to testify...................................................HB 447 Judge performing ceremony; gratuities............................................................................SB 495 Licenses; amend provisions.............................................................................................HB 1822 Licenses; require HIV testing.........................................................................................HB 1246 Probate court judges and magistrates performing ceremonies; gratuities........................................................................................................................HB 1166 Probate courts; certain counties; chief clerk perform ceremony.................................HB 702 Probate courts; certain counties; chief clerk perform ceremony.................................HB 703 Sodomy, fornication, adultery; repeal certain provisions...........................................HB 1781
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Alternative fuels plan; provide by January 1, 1992.......................................................HB 881 Annual report; public notice.............................................................................................HB 218 Certain reserve funds; change date..................................................................................HB 221 Collective bargaining; neutral arbitrator.........................................................................HB 738 Georgia Rail Passenger Authority; members; terms .....................................................HB 850
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6043
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) (Continued) Highways; bus shelters on public rights of way; amend provisions.............................SB 616 Local sales and use taxes; exclude from limitation.....................................................HB 1851 Monorail people mover for the Buckhead area; urge United States funding for study............................................................................................................HR 597 Motor fuel taxes; provide and maintain mass transportation facilities - CA...................................................................................................................HR 161 Operating costs; exclusion from definition...................................................................HB 1469 Police force; qualifications and powers; clarify..............................................................HB 659 Prohibition of certain state funds; repeal.......................................................................HB 586 Security and police force; powers.....................................................................................HB 219 State funds; eligibility to receive....................................................................................HB 1060 Transit tokens, cards, coins, or similar articles; alterations; prohibitions...............................................................................................HB 1471 Transportation projects; private entity contracts; authorize.....................................HB 1081
MARTIN DOOLEY PARKWAY; designate................................................................HR 976
MARTIN, ERIN ELIZABETH; commend ...................................................................HR 687
MARTIN, LYNN; Secretary of Labor; invite to House................................................HR 980
MASON, WILSON P. (BILL); commend .....................................................................HR 752
MASS TRANSPORTATION; Surface Transportation Efficiency Act of 1991; express support.........................................................................................HR 69EX
MASSAGE Board of; create.................................................................................................................HB 1071 Massage therapists; registration; requirements............................................................HB 1070 Massage therapists; regulation..........................................................................................HB 192
MATHIS, JULIUS; condolences....................................................................................HR 1004
MATTHEWS, HEWITT W., PH.D.; commend..........................................................HR 1058
MCBEE, HONORABLE LOUISE Committee assignments.................................................................................................Page 4608 Oath of office..................................................................................................................Page 4607
MCDUFFIE COUNTY Ad valorem tax returns; population classification.......................................................HB 1101 Hospital authority; vacancies..........................................................................................HB 2075 Motor vehicles; designated registration.........................................................................HB 1100
MCEACHERN HIGH SCHOOL WRESTLING TEAM; invite to House...........HR 924
MCINTOSH COUNTY Board of commissioners; districts..................................................................................HB 1468 Board of elections; provisions.........................................................................................HB 1720 Board of elections; repeal Act creating.........................................................................HB 1759 Education districts; reapportion.....................................................................................HB 1734 Industrial development authority; continuation referendum ....................................HB 2071 Superior court; terms.......................................................................................................HB 1618
MCINTOSH TRAIL EARLY CHILDHOOD DEVELOPMENT COUNCIL; commend staff..............................................................................................HR 825
MCINTYRE, CITY OF Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority; procedure for withdrawal of municipality.............................................HB 4EX
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6044
INDEX
MCKINLEY, REVEREND HAL P., SR.; commend ...............................................HR 6EX
MCKISSICK, HONORABLE FLOYD B.; condolences............................................HR 769
^MEDICAL ASSISTANCE, DEPARTMENT OF Agency rules; applicability..............................................................................................HB 1069 Certificate of need; health care facilities; provider of medical assistance.......................................................................................................SB 680 Nursing facility; voluntary termination of provider agreement...................................SB 681 Oversight of Department of Human Resources surveyors...........................................HB 837
MEDICAL COLLEGE OF GEORGIA SCHOOL OF NURSING DAY; designate July 8, 1992...................................................................HR 1003
MEDICAL CONSENT Abortions; informed consent...........................................................................................HB 1062 Cardiopulmonary resuscitation; candidate for nonresuscitation; amend provisions..........................................................................................................HB 1223 Cardiopulmonary resuscitation; candidate for nonresuscitation; amend provisions.............................................................................................................SB 815 Cardiopulmonary resuscitation; nonresuscitation provisions; delete certain requirement..........................................................................................HB 1953 Living wills; life-sustaining procedures; amend provisions..........................................HB 968 Living wills; life-sustaining procedures; conditions for withholding ...........................SB 605
MEETINGS Open meetings and open records; amend provisions.....................................................SB 604 State government; special meetings; notice..................................................................HB 1224
MENTAL HEALTH Certain driver's licenses and identification cards; retroreflective finish.......................................................................................................HB 786 Civil actions; sexual misconduct of psychotherapists; tolling of limitations.....................................................................................................HB 1716 Clinical social worker; involuntary emergency treatment certification; evaluation team report.........................................................................HB 1068 Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; create...................................................................SB 811 Criminal procedure; certain insanity plea; psychological or psychiatric examination required...............................................................................HB 1776 Criminal procedure; jurisdiction and venue; transfer of indictment or accusation...............................................................................................HB 847 Department of Human Resources; unmarked motor vehicles; exception..................HB 812 Drivers' licenses; personal identification card for mentally retarded persons...........................................................................................HB 1937 Drug abuse prevention services; good faith provider; liability....................................HB 827 Equitable funding for services; urge Department of Human Resources....................HR 934 Firearm sales; instant background check; regulations...................................................SB 150 Health and mental health; amend Code provisions......................................................HB 716 Insurance; certain coverage; repeal limitations..............................................................HB 135 Liability insurance; psychotherapist and patient; prohibit certain exclusions..........................................................................................................HB 1714 Mental illness; certain definitions; include gravely disabled.....................................HB 1292 Mentally retarded person; evaluation team report; time for filing...........................HB 1828 Patient cost of care; amend provisions..........................................................................HB 1597 Patient cost of care; amend provisions ............................................................................SB 790 Personal care homes; restrictions on referrals ................................................................SB 669 Pharmacists; license hearing; certain disabilities...........................................................HB 136 Probate courts; fees for certain hearings ........................................................................HB 213
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6045
MENTAL HEALTH (Continued) Psychologists; powers and functions................................................................................HB 408 Self-sufficiency Trust Fund for Mentally Disabled Persons; create...........................HB 689 JSexual assault against persons under psychotherapeutic care; define offense ................................................................................................................HB 1523 State employees; certain line-of-duty injuries; benefits.............................................HB 1979 State employees health insurance; certain services; require coverage........................HB 872 State employees insurance and benefits plans; certain service centers; inclusion.............................................................................................................HB 883 Therapeutic sexual battery; define offense...................................................................HB 1141 Warrants; filing of complaints; not guilty by reason of insanity plea; examination.............................................................................................................SB 473
MERCER UNIVERSITY SOUTHERN SCHOOL OF PHARMACY Commend students...........................................................................................................HR 1059
MERIT SYSTEM (Also, see State Employees or State Government) Chaplain; create position....................................................................................................SB 471 Department of Public Safety; certain personnel; unclassified service ..........................SB 17 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991; enact...................................................................................................................HB 933 Employees; sick leave.........................................................................................................HB 112 Hearings; employee representation..................................................................................HB 109 Insurance Department and State Health Benefit Plan; commend.............................HR 951 Permanent employees; adverse actions............................................................................SB 106 Public Employee Hazardous Chemical Protection and Right to Know Act; administration......................................................................................HB 2029
MERIWETHER COUNTY; certain property conveyance; repeal Act authorizing..SR 375
METRO COLUMBUS URBAN LEAGUE; commend............................................HR 1125
MILITARY AFFAIRS Certain military duty; public officers and employees; sick leave..............................HB 1423 Desert Storm Monument Commission; create...............................................................HR 414 Disabled veterans; license plates; joint ownership of vehicle with spouse..........................................................................................................SB 568 Employees' Retirement; certain service credit...............................................................HB 421 Employees' Retirement; Vietnam service credit............................................................HB 865 Employees' Retirement; Vietnam service credit............................................................HB 924 Georgia Emergency Management Agency; create...........................................................SB 595 Georgia Military College; board of trustees; composition.............................................SB 461 Georgia Military College; two-year limit; delete............................................................HB 842 House Military Support and Assistance Study Committee; create ............................HR 211 Income tax; certain service income; exclude...................................................................HB 485 Income tax return; active military duty; extend time for filing..................................HB 600 License plates; National Guard; spouse of member or retired member .....................SB 733 Motor vehicles; amend provisions.....................................................................................SB 505 Operation Desert Storm; multinational coalition; appreciation...................................SR 133 Public employment; veterans' preference.....................................................................HB 1273 Robert B. Nett Medal of Honor Highway; designate....................................................SR 485 Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide - CA....................................................HR 399 Seabees Month in Georgia; designate March.................................................................HR 838 Special license plates; armed forces of United States ...................................................SB 351 Special license plates; certain disabled veterans .........................................................HB 1758 Special license plates; certain reservists and National Guard members.......................SB 81 Special license plates; Pearl Harbor veterans; number required..............................HB 1853 Special license plates; prisoners of war; include Persian Gulf War..........................HB 1087
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6046
INDEX
MILITARY AFFAIRS (Continued) Special license plates; reservists and National Guard; certain units outside state...........................................................................................HB 1445
- Special license plates; retired reservists........................................................................HB 1259 Veterans' drivers' licenses; requirements; clarification..................................................SB 555 Veterans' employment preference; certain National Guard members........................SB 552 Veterans' hospitals; urge Congress oppose use by nonveterans...................................SR 444
MILLEDGEVILLE, CITY OF; convey property..........................................................SR 363
MILLER, HONORABLE BEN J.; commend...............................................................HR 749
MILLER, URSULA; commend ......................................................................................HR 1011
MILLS, HAROLD ALLEN; commend........................................................................HR 1123
MILLS, LUCILLE S.; commend ...................................................................................HR 1195
MILLS, MIKE, BILL BERRY, PETER BUCK, AND MICHAEL STIPE; commend .......................................................................................HR 945
MINERAL RESOURCES Excise tax; state and county; solid minerals severance................................................HB 696 Liming Materials Act of 1992; provisions........................................................................SB 521 Sales tax exemption; certain materials; manufacturing granite................................HB 1018 Surface mining; permits; Environmental Protection Division......................................SB 523
MINGO, DEXTER ALLEN; commend........................................................................HR 1217
MINORS Abandoned motor vehicle; prohibit access by child....................................................HB 1373 Adoption; petition verification; criminal records check..............................................HB 1599 Aid to dependent children; certain ineligibility; exception........................................HB 1509 Aid to dependent children; preschool age child; provisions.......................................HB 1312 Aid to families with dependent children; certain incremental benefits; eliminate.........................................................................................................HB 1510 Alcoholic beverage caterers; licensing; prohibitions.......................................................SB 319 Alcoholic beverages; consumption on premises; prohibitions........................................HB 51 Alcoholic beverages; package stores; certain prohibitions..............................................HB 52 Alcoholic beverages; persons under age 21; prohibit from certain premises................................................................................................................HB 61 Alcoholic beverages; possession; driver's license suspension; DUI Alcohol or Drug Use Risk Reduction Program.................................................HB 150 Alcoholic beverages; purchase by persons age 21 or younger; penalty.........................HB 22 Alternative placement programs for nonviolent youthful offenders; urge support................................................................................................HR 1006 Ammunition for firearm; selling to person under age 16; prohibit.............................HB 859 Appeals; child custody cases; inapplicability ..................................................................SB 542 Bicycle safety; amend provisions.......................................................................................SB 634 Birth certificates; adoption or legitimation; amend provisions....................................SB 601 Boats and personal watercraft; regulate operation.........................................................SB 474 Certain alcoholic beverage sales; certain counties; prohibitions; population brackets...............................................................................HB 2015 Certain traffic offenses; persons under age 18; suspend driver's license until 18................................................................................................................HB 868 Child; born or unborn; unlawful to sell...........................................................................HB 458 Child custody; age at which child chooses custodial parent........................................HB 405 Child custody; agreement between parents; final judgment......................................HB 1528 Child custody; modification of visitation rights; residence outside state.................................................................................................HB 1376
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6047
MINORS (Continued) Childhood sexual abuse; definition; limitation of civil actions.,................................HB 1968 Children and youth; community innovation zones; designate...................................HB 1050
- Children and Youth Coordinating Council; authority to inspect juvenile records................................................................................................................SB 492
Children and Youth Overview Committee; create..........................................................SB 105 Children; certain cases; provide legal counsel................................................................HB 180 Children in foster care; periodic reviews.........................................................................HB 662 Children in foster care; periodic reviews .........................................................................SB 315 Children's baseball; urge adoption of stronger safety measures.................................HR 680 Children, youth, family issues; urge presidential candidates
to identify their position on each.................................................................................HR 912 Child safety restraints; failure to use; increase penalty .............................................HB 1529 Child safety restraints; failure to use; penalty .............................................................HB 1258 Child safety restraints; failure to use; penalty.............................................................HB 1794 Child support; accident and sickness insurance; coverage.........................................HB 1383 Child support awards; change method of computation................................................HB 816 Child support; continuation past age of majority........................................................HB 1013 Child support; continuation past age of majority........................................................HB 1519 Child support; continuation past age of majority ..........................................................SB 360 Child support determination hearings; prohibit jury trial.........................................HB 1318 Child support enforcement; district attorney; representation ...................................HB 1815 Child support; health insurance; payroll deduction....................................................HB 1276 Child support; putative father registry.........................................................................HB 1277 Child support receivers; collect court costs and service fees.....................................HB 1687 Child support receivers; collect court costs and service fees.....................................HB 1900 Child support recovery; amend provisions......................................................................HB 426 Child support recovery; amend provisions....................................................................HB 1384 Child with living parent; appointment of guardian by probate judge.....................HB 1564 Civil action; injury to minor child; limitation.................................................................SB 305 Compulsory school attendance; extend to age 18........................................................HB 1975 Controlled substances; butane; prohibitions...................................................................HB 511 Controlled substances; distribution to unborn child;
prohibit prosecution.....................................................................................................HB 1152 Controlled substances or marijuana; using minors to
manufacture or distribute; penalty...............................................................................SB 593 Crimes against children; certain records; closed to public.........................................HB 1009 Criminal procedure; limitations on prosecution tolled
for certain offenses; victim under age 16....................................................................HB 240 Day-care centers; employees' records checks; National Crime
Information Center .......................................................................................................HB 2018 Death of parent; child age 14 or older select custodial relative..................................HB 692 Demonstration family resource center program; create..............................................HB 1074 Department of Children and Youth Services; create..................................................HB 1549 Deprived child in foster care; periodic reviews..............................................................HB 519 Driver's license; parent's signature; subsequent application......................................HB 1590 Drivers' licenses and instruction permits; age restrictions.........................................HB 1139 Driving under the influence; optional sentence; appear
before victims or survivors..........................................................................................HB 1995
Elections; electors lists; absentee ballots; certain children in voting booth..............................................................................................................HB 1369
Endangering a child by driving under the influence; define separate offense.................................................................................................HB 1266
Enticing child for indecent purposes; penalties...........................................................HB 1185
Failure to secure safety belt on minor; charge driver of vehicle...............................HB 1105
Family preservation and child protection; pilot projects; amend provisions..........................................................................................................HB 1981
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6048
INDEX
MINORS (Continued) Firearms; storage in locked container............................................................................HB 1154 Georgia At-risk Children, Youth, and Family Services Inventory; relative to......................................................................................................HR 948 Georgia Children and Youth Overview Committee; create..........................................HB 302 Grandparent visitation rights; determining factors........................................................SB 759 Grandparent visitation rights; ex-affines grandparents..............................................HB 1856 Grandparent visitation rights; prohibitions....................................................................HB 796 Gun safety training for children; urge campaign to educate adults.........................HR 1007 Gun safety training for children; urge educating adults............................................HR 1090 Home Delivered Meals, Transportation Services to the Elderly, and Preschool Children with Special Needs Fund; create......................HB 1542 Homicide by vehicle; failure to stop for school bus.......................................................SB 646 Homicide by vehicle; student entering or exiting school bus; penalty.....................HB 1726 Human Resources Department; certain licensing; fee provisions.............................HB 1601 In open bed pickups; prohibit on four lane highways................................................HB 1104 In open bed pickups; prohibit on four lane highways ................................................HB 1698 In open bed pickups; prohibit on highways.................................................................HB 1930 Joint Children's Poison Protection Study Committee; create.....................................HR 190 Joint Steering Committee for the Georgia General Assembly's Conference on Teenage Homicides and Suicides; create..........................................HR 413 Joint Study Committee for the Well-being of Georgia's Children; create...............................................................................................................HR 333 Joint Study Committee on Children and Youth; re-create..........................................HR 816 Juvenile court; senior judge; create office.......................................................................HB 572 Juvenile court; transferred case; death penalty prohibition........................................HB 155 Juvenile justice services; local provision; incentives ......................................................SB 378 Juvenile proceedings and parental rights; amend Code.............................................HB 1076 Juvenile proceedings; certain records; inspection..........................................................HB 683 Juvenile proceedings; counseling for children and parents; procedures and expenses.............................................................................................HB 1977 Juvenile proceedings; delinquency hearings; open to public........................................SB 260 Juvenile proceedings; designated felony; drug trafficking..............................................HB 87 Juvenile proceedings; jurisdiction; prohibit for certain crimes ...................................HB 212 Juvenile proceedings; victim impact statement..............................................................SB 644 Mandatory education; age...................................................................................................HB 25 Motor vehicles; abandoned or unattended; require easy opening from inside......................................................................................................HB 1156 Motorcycles; prohibit passengers under 10 years of age ............................................HB 1417 Paternity determination; father's written statement.....................................................SB 565 Paternity determination; juvenile court jurisdiction; certain cases..........................HB 1072 Probate court; service of minor or incapacitated adult; provisions..........................HB 1621 Prosecution of felony; victim under age 14; remove limitation...................................HB 571 Quality basic education; Youth Apprenticeship Program; eligibility.......................HB 1931 Schools; compulsory attendance; age.................................................................................HB 71 Schools; No Pass/No Participate provisions; applicability...........................................SB 622 Schools; No Pass/No Participate rule; applicability...................................................HB 1901 Schools; programs for children; other than school hours...........................................HB 1356 Schools; student attend where parent employed............................................................SB 533 Seat belts; failure to secure child; charge driver of vehicle.......................................HB 1697 State budget; items affecting children; budget unit heads; submit separate children, youth, and families budget............................................HB 1798
State employees; family leave; provisions........................................................................SB 831
State tax; certain rentals; proceeds to State Children's Trust Fund.........................HB 956
Street Gang Terrorism and Prevention Act; enact........................................................SB 735
Voting; accompany parents in booth; authorization...................................................HB 1579
Working hours; prohibitions.............................................................................................HB 368
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6049
MINORS (Continued) Wrongful death; recovery; guardianship .........................................................................HB 181 Year's support; certain items; delete provisions ............................................................HB 541 Jfouth development centers; decision making; provisions.............................>............HB 1075
MITCHELL COUNTY Board of commissioners; districts ..................................................................................HB 1359 Board of education; districts...........................................................................................HB 1366
MITCHELL, SHERIFF WALTER, JR.; commend..................................................HR 1246
MOBILE HOMES Ad valorem tax; certain counties; population brackets ..............................................HB 1895 Ad valorem tax; certain requirement...............................................................................HB 943 Ad valorem tax; time for payment; county decals.......................................................HB 1616 Dealers and installers; licensure.....................................................................................HB 1039 Decal violations; magistrate court enforce....................................................................HB 1927 Insurance Commissioner; certain fees; comprehensive revisions...............................HB 1297 Location permits; ad valorem tax; amend provisions....................................................SB 617 Moving without decals; certain notification.................................................................HB 1588 Permits in certain counties; population brackets........................................................HB 1880 Permits in certain counties; population brackets........................................................HB 1891 Sixteen feet wide; single-trip permits............................................................................HB 1459 Sixteen feet wide; single-trip permits...............................................................................SB 611
MOHAMMED, IMAM W. DEEN; invite to House.....................................................HR 996
MONROE, CITY OF City administrator; amend provisions...........................................................................HB 1969 New election districts.......................................................................................................HB 1970
MONROE COUNTY Board of commissioners; reapportion districts.............................................................HB 2022 Board of commissioners; reapportion districts.............................................................HB 2023 Convey property..................................................................................................................SR 407 Probate court; jurisdiction...............................................................................................HB 1045
MONTICELLO, CITY OF; city manager; appointment............................................HB 2019
MOODY, HONORABLE LUNDSFORD; commend...............................................HR 1292
MORAST, SAMUEL FRANK, JR. Condolences .........................................................................................................................HR 668 Designate highway..............................................................................................................HR 653
MORGAN COUNTY Alcoholic beverage sales; change population figures...................................................HB 1533 Board of commissioners; districts ..................................................................................HB 1832 Board of education; reapportion districts.....................................................................HB 1833
MORGAN COUNTY FFA CHAPTER Commend.............................................................................................................................HR 684 Commend.............................................................................................................................HR 710
MORRIS, DR. YANCY; commend..................................................................................HR 681
MORRIS, JASPER PETER; condolences ...................................................................HR 1270
MORROW, CITY OF; compensation of certain officials; repeal; population figures...................................................................................................SB 758
MORTGAGES (See Liens and Mortgages)
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6050
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MOTOR CARRIERS Commercial driver's license; time for obtaining; urge extension ..............................HR 1170 Common carriers; repeal presumption of negligence..................................................HB 1470
- Household goods carrier; regulation by Public Service Commission........................HB 1539 Length and width of vehicle loads; amend provisions................................................HB 1904 Length of vehicle load; automobile carriers .................................................................HB 1905 Limousine carriers; Public Service Commission regulate...........................................HB 1282 Motor fuel taxes; unpaid obligations; withhold registration.........................................SB 699 Motor vehicle registration cards and identification markers; certain outstanding penalties or fees ........................................................HB 1670 Public Service Commission; license plate; requirement...............................................HB 382 Public Service Commission; special fees; method of calculating.................................HB 901 Road tax; define motor vehicles.....................................................................................HB 1307
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas Service or Motor Vehicles and Traffic) Certain tax payments; electronic funds transfer .........................................................HB 1395 Limit reimbursement to dealers for collection.............................................................HB 1146 Motor carriers; define motor vehicles............................................................................HB 1307 Motor carriers; registration cards and identification markers; certain outstanding penalties or fees ........................................................HB 1670 Motor fuel; storage in terminals; reports......................................................................HB 1993 Refund to seller; compensation for collection................................................................HB 570 Refunds to employees of foreign governments; certain motor carriers; withhold registration............................................................................SB 699 Repeal second tax.................................................................................................................HB 19 Transportation Trust Fund; create - CA.........................................................................SR 477
MOTOR VEHICLE ACCIDENT INSURANCE Accident reports; insurance information.......................................................................HB 1751 Accidents involving firemen or emergency medical technicians; surcharge..................................................................................................HB 1416 Cancellation; second offense; driver's license suspension...........................................HB 2117 Comprehensive revision.....................................................................................................HB 314 Consumer Auto Insurance Affordability Act of 1991; enact..........................................HB 91 Deceptive practices; automobile repair; aftermarket crash parts; disclosure ..............................................................................................................HB 888 Defensive driving course; repair facilities.....................................................................HB 1899 House Driver's License Sanctions and Auto Insurance Study Committee; create...........................................................................................................HR 235 Insurance regulations; amend Code provisions..............................................................HB 509 Insurers; certain rate changes; notify policyholders.........................................................SB 79 Liability insurance; offer and acceptance; claims........................................................HB 1676 Liability insurance; repeal Code provisions..................................................................HB 1500 Liability insurer; refusal to settle claim; certain liability...........................................HB 1752 Medical expenses; dollar amount.......................................................................................HB 17 Motor vehicle operation; certain requirement..............................................................HB 1061 Motor vehicle service agreement companies; regulate................................................HB 1090 Motor vehicles; amend Code.............................................................................................HB 245 Motor vehicles; amend provisions....................................................................................HB 494 Motorcycles; applicability................................................................................................HB 1217 New policy reports to Department of Public Safety.....................................................HB 645 Notice of cancellation.........................................................................................................HB 352 Notice of claim by injured party......................................................................................HB 128 Prohibit discrimination based on location....................................................................HB 1486 Prohibit surcharge; driver clinic attendance................................................................HB 1760 Proof of insurance; certain information required........................................................HB 1587 Safety equipment; provisions............................................................................................HB 735
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INDEX
6051
MOTOR VEHICLE ACCIDENT INSURANCE (Continued) Serious injury; definition.....................................................................................................HB 90 Surcharge; prohibition .......................................................................................................HB 433 -Total loss claim; insurer notify owner of obligations..................................................HB 1625 Uninsured motorist; stacked coverage...............................................................................HB 89 Uninsured motorist; stacking of coverage...........................................................................HB 6
MOTOR VEHICLES AND TRAFFIC Abandoned or unattended vehicles; require easy opening from inside....................HB 1156 Abandonment; prohibit access by child........................................................................HB 1373 Accident reports; insurance information.......................................................................HB 1751 Ad valorem tax; heavy-duty construction equipment.................................................HB 1279 Ad valorem tax; heavy-duty construction equipment; exceptions ............................HB 1460 Air Quality Act and Motor Vehicle Emission Inspection and Maintenance Act; recodify..........................................................................................HB 1440 Alcohol and drug courses; fee...........................................................................................HB 164 Alcohol and drug education course; fees.........................................................................HB 147 Alcoholic beverages; open container in vehicle; prohibitions.......................................HB 651 Alcoholic beverages; open container while driving or passenger; prohibit..........................................................................................................HB 254 Alcoholic beverages; open container while driving; prohibitions ...................................SB 52 Alcoholic beverages; possession by persons under age 21; driver's license suspension; DUI Alcohol or Drug Use Risk Reduction Program...............HB 150 Amend Code........................................................................................................................HB 245 Amend provisions ...............................................................................................................HB 494 Amend provisions................................................................................................................SB 505 Automobile industry; imposition of certain standards; urge Congress reject........................................................................................................SR 490 Bicycle paths; required use by riders; counties and municipalities..........................HB 1447 Bicycle safety; amend provisions.......................................................................................SB 634 Certain driver's licenses and identification cards; retroreflective finish.......................................................................................................HB 786 Certain parking provisions; appoint handicapped persons to enforce.....................HB 2121 Certain traffic offenses; persons under age 18; suspend driver's license until 18................................................................................................................HB 868 Certificate of registration; remain in vehicle during operation.................................HB 1825 Certificate of title; inspection of records ......................................................................HB 1809 Certificate of title; rebuilt motor vehicles ....................................................................HB 1293 Certificate of title; total loss claim; insurer notify owner of obligations .....................................................................................................HB 1625 Child safety restraints; failure to use; increase penalty.............................................HB 1529 Child safety restraints; failure to use; penalty.............................................................HB 1258 Child safety restraints; failure to use; penalty.............................................................HB 1794 Coastal marshlands; amend provisions..........................................................................HB 1389 Commercial vehicle registration; reciprocal agreements; deadlines..........................HB 1686 Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create..........................HR 844 Consumer Auto Insurance Affordability Act of 1991; enact..........................................HB 91 Controlled substances or marijuana; misdemeanor possession conviction; driver's license suspension.........................................................................SB 290 Convictions for traffic offenses; electronic reporting..................................................HB 1121 Deceptive practices; automobile repair; aftermarket crash parts; disclosure ..............................................................................................................HB 888 Department of Public Safety; amend provisions..............................................................SB 74 Derelict motor vehicle; disposition...................................................................................HB 783 Driver's license; age 18 years or under; education requirements..................................HB 23 Driver's license; parent's signature; subsequent application......................................HB 1590
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6052
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MOTOR VEHICLES AND TRAFFIC (Continued) Driver's license reinstatement; certain courses; out-of-state certificate.................................................................................,................HB 1508 Driver's license; renewal by mail; limitations...............................................................HB 1222 Driver's license restoration; certain clinics; restrict solicitations..............................HB 1582 Driver's license restoration; certain course completion; points reduction...............................................................................................................SB 579 Driver's license suspension; certain course completion for reinstatement.............................................................................................................SB 596 Driver's license suspension; change provisions and penalties.......................................SB 274 Driver's license suspension; driving under the influence; amend provisions.............................................................................................................SB 665 Driver's license suspension; payment of fines.................................................................SB 191 Driver's license suspension; refusing chemical test; certain traffic accident; definition.............................................................................................HB 451 Driver's license suspension; reinstatement.....................................................................HB 840 Driver's license; vision standards; special license plates; certain reservists and National Guard members..........................................................SB 81 Drivers' licenses and instruction permits; age restrictions.........................................HB 1139 Drivers' licenses; driving under the influence; implied consent...................................SB 528 Drivers' licenses; highlighted birthdate; renewal by mail..........................................HB 1868 Drivers' licenses; migrant farm workers; exemption...................................................HB 1138 Drivers' licenses; personal identification card for mentally retarded persons...........................................................................................HB 1937 Drivers' licenses; serious offender status; provisions..................................................HB 1938 Drivers' licenses; suspension; exemption of application fee...................................,...HB 1462 Drivers' licenses; traffic violations; driver improvement program ............................HB 1275 Driver training schools; surety bond, fee, and license provisions ...............................HB 824 Driving under the influence; additional penalties.........................................................HB 115 Driving under the influence; alcohol concentration level...............................................HB 64 Driving under the influence; alcohol concentration level...............................................HB 75 Driving under the influence; alcohol concentration level.............................................HB 363 Driving under the influence; alcohol concentration level..............................................SB 113 Driving under the influence; defendant's record of traffic offenses; attach to judge's sentence..............................................................................SB 664 Driving under the influence; driver's license suspension; amend provisions.............................................................................................................SB 489 Driving under the influence; eliminate nolo contendere plea......................................HB 152 Driving under the influence; first conviction; written notification to defendant of subsequent conviction penalties ...............................HB 2116 Driving under the influence; first offenders; education/intervention program...................................................................................HB 159 Driving under the influence; fourth through sixth convictions; penalties...........................................................................................................................HB 425 Driving under the influence; habitual violator; forfeiture..............................................HB 74 Driving under the influence; marked driver's license and bumper sticker ................................................................................................................HB 530 Driving under the influence; nolo contendere plea; driver's license suspension; repeal certain provisions...............................................................SB 478 Driving under the influence; nolo contendere plea; restrictions..................................SB 640 Driving under the influence; optional sentence; appear before victims or survivors..........................................................................................HB 1995 Driving under the influence; prohibit nolo contendere plea......................................HB 1267 Driving under the influence; publication of conviction notice; payment.............................................................................................................HB 1683 Driving under the influence; suspension of driver's license...........................................HB 65 Driving under the influence; symbol of conviction; affix to license plates ...................................................................................................HB 1268
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INDEX
6053
MOTOR VEHICLES AND TRAFFIC (Continued) Driving under the influence; third conviction; treatment..............................................HB 77 Driving under the influence; third or subsequent conviction; - increase penalty...............................................................................................................HB 364 Driving under the influence; trial by jury; waiver..........................................................SB 525 Driving with suspended license; increase penalty.........................................................HB 163 Driving with suspended license; increase penalty.........................................................HB 300 Driving with suspended license; municipal court; jurisdiction..................................HB 1216 DUI alcohol or drug use risk reduction programs.........................................................HB 297 DUI alcohol or drug use risk reduction programs; instructors; criminal records checks..................................................................................................HB 358 Emission inspection; urge Congress allow use of Bar 90 testing system...................HR 930 Endangering a child by driving under the influence; define separate offense.................................................................................................HB 1266 Failure to secure load; points..........................................................................................HB 1487 Failure to secure safety belt on minor; charge driver of vehicle...............................HB 1105 Farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and representatives; General Assembly regulate - CA...................................................................................SR 486 Federal Commercial Motor Vehicle Safety Act of 1986; urge exemption of local government drivers.......................................................................HR 947 Firearms possession; those prohibited; identification method....................................HB 640 Flashing blue light; other than police use; prohibit....................................................HB 1478 Habitual impaired driving offense; probationary license; endangering a child by driving under the influence..................................................SB 487 Handicapped parking; other than named person; prohibitions ...................................SB 688 Handicapped parking; temporarily handicapped person redefined.............................SB 643 Handicapped parking violations; penalties...................................................................HB 1182 Headlights or windows; affixing covering materials; amend......................................HB 1137 Heavy-duty equipment motor vehicles; classification; ad valorem tax purposes - CA......................................................................................HR 715 Homicide by vehicle; failure to stop for school bus.......................................................SB 646 Homicide by vehicle; student entering or exiting school bus; penalty.....................HB 1726 House Driver's License Sanctions and Auto Insurance Study Committee; create...........................................................................................................HR 235 Ignition interlock device; condition of probation for driving under the influence.........................................................................................................HB 165 Ignition interlock device; condition of probation for driving under the influence.......................................................................................................HB 1122 Income tax credit; motor vehicle conversion................................................................HB 1029 Insurance; applicability to motorcycles.........................................................................HB 1217 Insurance cancellation; second offense; driver's license suspension.........................HB 2117 Insurance; comprehensive revision...................................................................................HB 314 Insurance; defensive driving course; repair facilities ..................................................HB 1899 Insurance; medical expenses; dollar amount....................................................................HB 17 Insurance; new policy reports to Department of Public Safety..................................HB 645 Insurance; notice of cancellation......................................................................................HB 352 Insurance; notice of claim by injured party...................................................................HB 128 Insurance; prohibit discrimination based on location.................................................HB 1486 Insurance regulations; amend Code provisions..............................................................HB 509 Insurance; safety equipment; provisions.........................................................................HB 735
Insurance; serious injury; definition ..................................................................................HB 90
Insurance; surcharge; prohibition.....................................................................................HB 433
Insurance; uninsured motorist; stacked coverage............................................................HB 89
Insurance; uninsured motorist; stacking of coverage ........................................................HB 6
Insurers; investments and surplus lines provisions; health insurance; spousal coverage.........................................................................................HB 1532
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6054
INDEX
MOTOR VEHICLES AND TRAFFIC (Continued) J. Truman Holmes Bridge; designate..............................................................................HR 380 Joint Study Committee on Alternative Fuels; create ...................................................HR 950 Joint Study Committee on the Disposition of Fines and Forfeitures in Criminal and Traffic Cases; create.....................................................HR 646 Jury list compilation; include motor vehicle registrants................................................HB 10 Law enforcement officers; certain speeds; use blue light and siren ...........................HB 751 Length and width of vehicle loads; amend provisions................................................HB 1904 Length of vehicle loads; automobile carriers................................................................HB 1905 Liability insurance; offer and acceptance; claims........................................................HB 1676 Liability insurance; repeal Code provisions..................................................................HB 1500 License examiners; deputies to certain boards of registrars........................................HB 473 License plates; county decal fee; authorize.....................................................................HB 661 License plates; county decal; prohibitions........................................................................HB 15 License plates; disabled veterans; joint ownership of vehicle with spouse..........................................................................................................SB 568 License plates; National Guard; spouse of member or retired member .....................SB 733 License plates; prohibit obstruction..............................................................................HB 1602 License plates; revalidation decals; placement.............................................................HB 1135 License plates, titles, and drivers' licenses; fees..........................................................HB 1145 Limousine carriers; Public Service Commission regulate...........................................HB 1031 Limousine carriers; Public Service Commission regulate...........................................HB 1282 Logging trucks entering highway; warning signs for motorists; urge Department of Transportation adopt standard design....................................HR 771 Minors in open bed pickups; prohibit on four lane highways...................................HB 1104 Minors in open bed pickups; prohibit on four lane highways...................................HB 1698 Minors in open bed pickups; prohibit on highways....................................................HB 1930 Motor carriers; registration cards and identification markers; certain outstanding penalties or fees........................................................HB 1670 Motor fuel; storage in terminals; reports ......................................................................HB 1993 Motor fuel taxes; refund to seller; compensation for collection..................................HB 570 Motor fuel taxes; refunds to employees of foreign governments; certain motor carriers; withhold registration......................................SB 699 Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact ..................HB 836 Motor vehicle insurance; prohibit surcharge; driver clinic attendance ....................HB 1760 Motor vehicles and transportation; define certain van .................................................SB 729 "Motorcycle Awareness and You (M.A.Y.) Month"; recognize May, 1992................HR 661 Motorcycles; headgear and eye protective devices; change requirement...................HB 158 Motorcycles; prohibit passengers under 10 years of age............................................HB 1417 Moving or storing; liens......................................................................................................SB 339 Murder by vehicle; define offense....................................................................................HB 687 Natural gas; certain retail sales; not under jurisdiction of Public Service Commission ....................................................................................HB 1633 Off-road vehicles; registration provisions......................................................................HB 2124 Operation; certain insurance requirement....................................................................HB 1061 Pawnbrokers; pledged goods.............................................................................................HB 486 Pawnbrokers; storage fees..................................................................................................SB 336 Pawnshop charges; repeal certain exemption...............................................................HB 1285 Probate and municipal courts; jurisdiction in certain counties; repeal certain provisions.................................................................................................SB 689 Projecting load; flag requirement.....................................................................................HB 568 Proof of insurance; certain information required........................................................HB 1587
Radar detectors; prohibit................................................................................................HB 1143
Radar speed detection devices on hills; delete certain prohibition.............................SB 550
Rentals; regulate.................................................................................................................HB 918
Return for taxation; amend provisions..........................................................................HB 1826
Roadway lighting; provisions for state funding...........................................................HB 1563
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INDEX
6055
MOTOR VEHICLES AND TRAFFIC (Continued) Roadway lighting; urge alternative methods..................................................................HR 984 Safety belts; failure to use; penalty...................................................................................HB 13 -Sales tax; certain exemption...........................................................................................HB 1147 School buses; strobe lights; provisions ..........................................................................HB 1974 School buses transporting kindergarteners; provide seat belts...................................HB 937 School buses transporting kindergarteners; provide seat belts.................................HB 1205 Seat belts; failure to secure child; charge driver.........................................................HB 1697 Seat belts; failure to use; additional violations..............................................................HB 282 Seat belts; failure to use; additional violations...............................................................SB 395 Service agreement companies; regulate.........................................................................HB 1090 Special license plates; annual fee.....................................................................................HB 260 Special license plates; armed forces of United States ...................................................SB 351 Special license plates; certain disabled veterans .........................................................HB 1758 Special license plates; certain reservists and National Guard members.......................SB 81 Special license plates; firefighters; amend provisions...................................................HB 613 Special license plates; licensed emergency medical technicians..................................HB 838 Special license plates; Pearl Harbor veterans; number required..............................HB 1853 Special license plates; prisoners of war; include Persian Gulf War..........................HB 1087 Special license plates; reservists and National Guard; certain units outside state...........................................................................................HB 1445 Special license plates; retired reservists............................................................... .......HB 1259 Speed detection devices; certain conditions; prohibit permit....................................HB 1813 Speed detection devices; certain counties or municipalities; restrictions.......................................................................................................................HB 535 Speed detection devices; law enforcement agency; repeal certain requirements.......................................................................................................SB 779 State officers and employees; consolidated insurance program................................HB 1933 Theft prevention program; establish...............................................................................HB 807 Theft; sentence; special alternative incarceration or boot camp..................................SB 350 Traffic cases; additional assessment; costs for binding over..........................................HB 27 Traffic cases in probate court; certain counties; repeal certain provision ...........................................................................................................HB 1645 Uniform rules of the road; nolo contendere plea; restrictions......................................SB 516 Uniform rules of the road; vehicles transporting certain agents; exempt from marking requirement..............................................................HB 1570 Unlawful passing of school bus; penalties.....................................................................HB 2118 Used motor vehicle parts dealers, dismantlers, rebuilders, and salvage dealers; amend provisions......................................................................HB 1914
Vehicles powered by solar or electric energy; sales tax and license fee exemptions..........................................................................................HB 1551
Veterans' drivers' licenses; qualifications ..........................................................................SB 69 Veterans' drivers' licenses; qualifications ........................................................................SB 199 Veterans' drivers' licenses; requirements; clarification..................................................SB 555 Voter registration; driver's license examiners serve as
deputy registrars; additional registration places......................................................HB 1496 Waste management; scrap tire disposal; regulations.....................................................HB 481 Waste management; scrap tire disposal; enact; solid waste;
amend provisions..........................................................................................................HB 1385
MOTORCYCLES Headgear and eye protective devices; requirement.......................................................HB 158 Motor vehicle insurance; applicability...........................................................................HB 1217 Motor vehicles; amend provisions.....................................................................................SB 505 "Motorcycle Awareness and You (M.A.Y.) Month"; recognize May, 1992..............HR 661 Prohibit passengers under 10 years of age ...................................................................HB 1417
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6056
INDEX
MOULTRIE, CITY OF Colquitt County; annex state property .........................................................................HR 1017 Convey property..................................................................................................................HR 778
MOUNT ZION HIGH SCHOOL; commend first graduating class.........................HR 1281
MOVIES; state tax; certain rentals; proceeds to State Children's Trust Fund..........HB 956
MOYE, NORMAN, ED.D.; commend...........................................................................HR 1176
MUHAMMAD ALI; commend .......................................................................................HR 1146
MUNDY, JOE B.; commend ...........................................................................................HR 1194
MUNICIPALITIES (Also, see Local Government or Named Municipality) Abandoned cemeteries; reimbursement for upkeep....................................................HB 1611 Ad valorem taxes; county or municipal assessment; population figures..................HB 2034 Ad valorem tax for school purposes; limitation - CA...................................................HR 726 Ad valorem tax; installment payments; due dates......................................................HB 1131 Adult entertainment; urge zoning ordinances to regulate............................................HR 897 Aircraft; noise abatement violation; penalty................................................................HB 1908 Airport outside boundary; Transportation Board approval.........................................HB 848 Airports; certain acquisitions; zoning laws .......................................................................HB 46 Airports; certain property condemnation; prohibit........................................................SB 173 Airports; extraterritorial condemnation of property.......................................................HB 45 Alcoholic beverage sales on Sunday; remove prohibition.............................................HB 459 Alcoholic beverage sales; publicly owned facilities; nondrinking area .....................HB 1906 Alcoholic beverages; Sunday sales at festivals in certain counties ..............................SB 728 Alcoholic beverages; Sunday sales at festivals; population figures..............................SB 746 Alcoholic beverages; Sunday sales; outdoor festivals; certain municipalities...................................................................................................HB 1115 Annexation; comprehensive revision of provisions; unincorporated islands...................................................................................................HB 113 Annexation; restriction of rezoning in certain counties; population figures............................................................................................................SB 748 Bail bond business; prohibit public officials; exception .............................................HB 1802 Bicycle paths; require use by riders...............................................................................HB 1447 Bill mandating action by local government; pass only if funded - CA......................HR 873 Boards of education; operation of schools; population figures.....................................SB 742 Boards of education; programs for children; other than school hours.....................HB 1356 Boards of education; single member districts - CA.........................................................HR 76 Business license; require proof of state license before issuing ..................................HB 1718 Certain boundaries; minimum requirements..................................................................HB 369 Certain lake property; disposition..................................................................................HB 1667 Certain multiyear contracts; referendum......................................................................HB 1309 Certain municipal offices; commencement; General Assembly provide.....................HB 934 Certain municipalities; binding contracts; nonprofit aquariums...............................HB 1555 Collection of state moneys; retain percentage..............................................................HB 1790 Collection of state moneys; retain percentage..............................................................HB 1940 Compensation of certain officials; repeal; population figures....................................HB 1946 Compensation of certain officials; repeal; population figures....................................HB 2001 Compensation of certain officials; repeal; population figures.......................................SB 758 Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law - CA........................................HR 33 Constitutional amendments repealed by local Act; referendum requirement; clarify...................................................................................HR 997 Contested elections; comprehensive revision of provisions........................................HB 1374 Controlled or counterfeit substances; trafficking near playground or housing project; penalties..................................................................HB 1779
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INDEX
6057
MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Counties and municipalities; acquire property for airport " runways; referendum......................................................................................................HB 166 Counties and municipalities; investment of certain funds...........................................HB 602 County jail fund; provisions for paying over...................................................................SB 164 County jails; funds from fees and forfeited bonds; municipal contract...................HB 1149 Development and redevelopment; downtown development authorities; amend........................................................................................................HB 1102 Development authorities; number of directors ..............................................................HB 666 Driving with suspended license; municipal court; jurisdiction..................................HB 1216 Drug-free recreation or residential zones; provisions.....................................................SB 592 Education; capital outlay; certain sparsity systems; consolidation hearings..................................................................................................HB 1482 Education; demonstration plans and programs; provisions..........................................SB 769 Education; local school superintendents; qualifications.............................................HB 1489 Education; office of strategic planning; create...............................................................HB 857 Education; open communication between child and parents; prohibit interference by local systems.......................................................................HB 1761 Elected public officials; campaign contributions; limitations......................................HB 521 Elections; amend provisions............................................................................................HB 1644 Elections; electors lists; absentee ballots; certain children in voting booth..............................................................................................................HB 1369 Elections; utilize county voter registration system........................................................HB 205 Electors list; purging in certain counties; population figures.......................................SB 754 Emergency 911 service; monthly charge; local governments impose..........................HB 795 Ethics training courses; provisions.................................................................................HB 1648 Ethics training for public officers; General Assembly provide by law - CA.......................................................................................................HR 859 Fire safety standards; revise provisions ........................................................................HB 1503 Firearms; regulation by state; exclusions........................................................................HB 375 Georgia Airport Development Authority Law; enact..................................................HB 1106 Georgia Municipal Training Act; amend......................................................................HB 1107 Grand juries; authorization to inspect city buildings and records............................HB 1501 Hospital authorities; state grants for public health purposes.....................................HB 424 Hotel-motel tax; additional levy.....................................................................................HB 1836 Hotel-motel tax; authorization to levy..........................................................................HB 1850 Hotel-motel tax; certain authorities ..............................................................................HB 1212 Housing authorities; commissioners; number and selection ......................................HB 1089 Housing authorities; composition; population brackets..............................................HB 1951 Housing authority commissioners; certain municipalities; amend provisions..........................................................................................................HB 1130 Inmates in detention facilities; medical services; reimbursement.............................HB 1170 Insurance; premium taxes; amend provisions ..............................................................HB 1426 Jails; certain medical and wrongful actions costs; inmates reimburse .....................HB 1769 Joint city-county boards of equalization; create in certain counties........................HB 1653 Juvenile justice services; local provision; incentives ......................................................SB 378 Law enforcement agencies; employ police paraprofessionals.....................................HB 1140 License plates; county decal fee; authorize.....................................................................HB 661 Local bills; intention to introduce; notice to governing authority..............................HB 565 Local boards of education; additional powers.................................................................SB 721 Local boards of education; certain written employment contracts.............................HB 719 Local expenditures and tax increases; General Assembly limit by law - CA............................................................................................................HR 721 Local governments and boards of education; single-member districts.......................HB 103 Local governments; fair rent commission.......................................................................HB 111 Local hospital authorities; projects in other areas; operate upon request.......................................................................................................SB 294
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6058
INDEX
MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Local income tax; election to impose; provisions...........................................................HB 623 Local income tax; referendum; local option sales tax; repeal certain prohibition............................................................................................HB 1300 Local option sales tax; projects other than road, street, or bridge.............................HB 598 Local sales and use taxes; limitation; exclude MARTA.............................................HB 1851 Local school superintendents; minimum salary; state funds.......................................HB 954 Local school systems; revenue; General Assembly provide by taxation - CA .............................................................................................................HR 826 Metropolitan area planning and development commissions; election of members......................................................................................................HB 1179 Multiyear contracts; certain data; publication.............................................................HB 1811 Municipal ad valorem taxes in certain counties; change population figure..............................................................................................................SB 793 Municipal authority; payment of utility bills; certain municipalities......................HB 1242 Municipal courts; certain crimes; jurisdiction; fines.....................................................HB 577 Municipal courts; criminal trespass; certain jurisdiction ...........................................HB 1211 Municipal elections in certain counties; population bracket........................................SB 684 Municipal elections; terms; General Assembly change by local law...........................HB 467 Municipal Employees Benefit; local authorities; participation.................................HB 1229 Municipal Gas Authority; membership; amend provisions...........................................SB 720 Municipal voter registration list in certain counties; population brackets.........................................................................................................SB 740 Nonprofit food sales and service; permits; requirements; prohibitions ......................SB 460 Occupation or professional tax; limitations..................................................................HB 1536 Occupation tax; principal office; maximum....................................................................HB 624 Peace officers; certain training costs; reimbursement.................................................HB 1829 Peace officers; citizens of adjoining states; training; reimbursement in certain instances..............................................................................SB 750 Pesticides; prohibitions....................................................................................................HB 1196 Planning and zoning; counties to exercise powers in inactive municipalities.................................................................................................HB 1408 Political subdivisions; property purchase; appraisal requirements.............................HB 499 Probation systems for municipal courts; authorize........................................................SB 730 Property in adjoining counties; prohibit purchase; exception...................................HB 1976 Public libraries; boards of trustees; compensation........................................................HB 579 Public officers and employees; loyalty oath; change provisions..................................HB 191 Public officers and employees; loyalty oath; delete certain reference........................HB 189 Public officials; vacancies in office; appointments........................................................HB 235 Public school personnel; payroll deduction; authorization ...........................................SB 591 Quality basic education; certain funding provisions; temporary changes................HB 2EX Quality basic education; local fair share funds and equalization grants ..........................................................................................................SB 537 Quality basic education; local fair share funds; calculation.......................................HB 1869 Quality basic education; local fair share funds; limitation.........................................HB 1119 Quality basic education; textbooks; property of local administration........................HB 727 Railroads; grade crossing elimination costs.....................................................................SB 286 Regional development centers; create nonprofit corporations .....................................SB 660 Regional development centers; employees; restrictions..............................................HB 1680 Regional development centers; membership ................................................................HB 1442
Regional development centers; ratify certain transfer....................................................HR 79
Regional surface and air transportation authorities; create.........................................HB 919
Revenue Bond Law; undertaking; change definition....................................................HB 638
Rural telephone cooperatives; powers within certain cities; population classification..............................................................................................HB 1694
Sales, motor fuel, and excise taxes; limit reimbursement to dealers........................HB 1146
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INDEX
6059
MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Sales tax collections; eliminate reimbursement to dealers.........................................HB 1271 ^School activities outside academic day; certain students; provisions.......................HB 1681 School consolidation; opposition petitions.......................................................................SB 155 School enrollment; social security number required......................................................SB 507 School superintendents; change applicable provisions; county to local; additional powers of local boards..................................................HB 1490 School systems; multiyear lease, purchase, or lease purchase contracts; real property limitations..............................................................................HB 321 School textbooks; purchasing by local systems..............................................................HB 193 Schools; certain materials and instruction; prohibit...................................................HB 1703 Schools; sex education and AIDS prevention; sexual abstinence................................HB 675 Seat belts; failure to use; additional violations..............................................................HB 282 Seat belts; failure to use; additional violations...............................................................SB 395 Service of process; authorization....................................................................................HB 1116 Solid waste reduction; counties and municipalities encouraged to exceed goals ................................................................................................................HB 590 Special facilities by Department of Human Resources; certain notification required.......................................................................................................HB 573 Special purpose sales tax for educational purposes; General Assembly authorize by law - CA................................................................................HR 1009 Special service districts; administration........................................................................HB 1410 Speed detection devices; certain conditions; prohibit permit....................................HB 1813 Speed detection devices; certain counties or municipalities; restrictions.......................................................................................................................HB 535 State and local government; public officials; stationery contain phone number .................................................................................................................HB 955 State courts of counties; furnish certain services........................................................HB 1362 State loans to local governments; solid waste recycling - CA .....................................HR 732 Tax assessments; appeals and reviews; certain counties............................................HB 1118 Tennessee Valley Authority; payments; change apportioning method....................HB 1034 Traffic cases; additional assessment; costs for binding over..........................................HB 27 Vegetative barrier along stream banks; variances by certain entities......................HB 1274 Waste disposal; public or private services; regulation..................................................HB 419 Water and sewer authorities; system improvement fees............................................HB 1103 Water companies; unpaid charges; limited liens ..............................................................SB 10 Workers' compensation; group self-insurance fund; health benefits; pilot projects; approval...................................................................................SB 723 Zoning procedures; certain counties; create separate planning commissions for major communities............................................................................HB 825 Zoning review procedures; change population figures ................................................HB 2045
MURDER By vehicle; define offense..................................................................................................HB 687 Committed with firearm; death penalty .......................................................................HB 1488 Murder and involuntary manslaughter; direct or indirect causes.............................HB 1560
MURPHY, JOHN AND JEANETTE; commend ...................................................HR 58EX
MURRAY COUNTY Board of commissioners; districts.....................................................................................SB 574 Conasauga Judicial Circuit; certain investigators; arrest powers.................................SB 850 Deputy coroner; compensation ..........................................................................................SB 575 School superintendent; appoint.........................................................................................SB 576
MUSCOGEE COUNTY Ad valorem tax; homestead exemptions........................................................................HB 1604
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6060
INDEX
MUSCOGEE COUNTY (Continued) Ad valorem tax; payments; population brackets............................................................SB 633 Board of education; composition....................................................................................HB 2153
MUSIC Georgia Folk Festival; designate as official state folk festival..................................HB 1361 Jazz; official state music; designate month of February..............................................HR 882 No Pass/No Participate rule; not applicable; certain students.................................HB 1901 Springer Opera House; designate official state theater..............................................HB 1151 Ticket sales; authorized service charges...........................................................................SB 700
N
NANCE, ERIN NICOLE; invite to House.................................................................HR 12EX
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP); commend on eighty-third birthday..................HR 835
NATIONAL COUNCIL OF NEGRO WOMEN, INC. (NCNW); commend.....HR 1136
NATIONAL GUARD Certain military duty; public officers and employees; sick leave..............................HB 1423 Income tax; certain military service income; exclude...................................................HB 485 License plates; spouse of member or retired member...................................................SB 733 Scholarships, loans, grants, insuring of loans; certain military persons; General Assembly provide - CA....................................................HR 399 Special license plates.............................................................................................................SB 81 Special license plates; certain units outside state .......................................................HB 1445 Veterans' drivers' licenses; requirements; clarification..................................................SB 555 Veterans' employment preference.....................................................................................SB 552
NATIONAL JUNIOR BETA CLUB OF SKY HAVEN ELEMENTARY SCHOOL; commend.....................................................................................................HR 1121
NATIONAL URBAN AFFAIRS COUNCIL Commend...........................................................................................................................HR 1127 Commend...........................................................................................................................HR 1273
NAVAL CIVIL ENGINEER CORPS; Seabees Month in Georgia; designate March--..------------........................................................................................HR 838
NEELEY, JESSE ANNA; commend..............................................................................HR 902
NELSON, CITY OF; new charter..................................................................................HB 1903
NEWTON COUNTY Board of commissioners; districts ..................................................................................HB 2167 Board of education; districts...........................................................................................HB 2166 Development authorities; population classification.....................................................HB 1231 Motor vehicles; designated registration periods...........................................................HB 1731 Water and sewerage authority; bond limitation ..........................................................HB 1986
NONPROFIT CORPORATIONS Ad valorem tax exemption; community service organizations...................................HB 1375 Food sales and service; county or city permits; requirements; prohibitions.............................................................................................SB 460 Georgia Property Owners' Association Act; enact.......................................................HB 1078
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INDEX
6061
NONPROFIT CORPORATIONS (Continued) Nonprofit contractors; applicability of laws; certain exemption...............................HB 1232 Regional development centers; create nonprofit corporations .....................................SB 660 Regional development centers; employees; restrictions..............................................HB 1680 State employees benefits plans; include certain nonprofit groups .............................HB 306 State employees insurance and benefits plans; include certain service centers.................................................................................................................HB 883 Torts; certain donations to nonprofit organizations; liability....................................HB 1331 Workers' compensation; certain groups; coverage.........................................................HB 307
NONRESIDENTS Ad valorem tax; property outside state; exempt...........................................................HB 668 Civil practice; certain actions; jurisdiction; venue.......................................................HB 1827 Firearms; license to carry; amend provisions....................................................................SB 45 Income tax; certain residents and nonresidents; amend provisions.........................HB 1301 Income tax; certain taxpayers and certain corporations; amend provisions..........................................................................................................HB 1303 Income tax; define taxable nonresident........................................................................HB 1133 Income tax; define taxable nonresident........................................................................HB 1260 Income tax; define taxable nonresident ........................................................................HB 1377 Income tax; taxable nonresident; professional athlete................................................HB 1614 Modification of alimony or child support; jurisdiction.................................................HB 806 Motor vehicles; return for taxation; amend provisions...............................................HB 1826 Nonresident landlords; service of complaints ..............................................................HB 1270
NORCROSS HIGH SCHOOL BLUE DEVILS MARCHING BAND; commend .................................................................................HR 9EX
NORTHEAST GEORGIA PUBLIC HEALTH REGION OVERVIEW COMMISSION; create..........................................................................HR 827
NORTHEAST PROBATION REGION OF THE DEPARTMENT OF CORRECTIONS; commend..................................................HR 900
NORTHEASTERN JUDICIAL CIRCUIT; add judge.............................................HB 939
NORTHERN JUDICIAL CIRCUIT; add judge.......................................................HB 1669
NOTARIES PUBLIC; performance bonds; provisions .................................................SB 719
NUISANCES; nonresident landlords; service of complaints......................................HB 1270
NURSES Accident and sickness insurance; reimbursements for certain service.......................HB 228 Georgia Practical Nurses Practice Act; enact.................................................................SB 599 Hospice patient; pronouncement of death by registered nurse.................................HB 1857 Hospice patient; pronouncement of death by registered professional nurse............................................................................................................SB 693 Income tax credit; providers of certain prenatal care.................................................HB 1824 Invasive procedures; prohibitions......................................................................................SB 159 Midlevel Practitioners for Rural Areas Assistance Act; enact..................................HB 2013 Vehicles transporting certain agents; exempt from marking requirement..............HB 1570
NURSING HOMES Certain sprinkler system; requirement.............................................................................SB 182 Certificate of need; multiple petitions for judicial review; consolidation....................................................................................................HB 1512 Governor's Commission on Long-term Care; create ......................................................SR 373 House Nursing Home Ombudsman Study Committee; create....................................HR 538 House Nursing Home Regulation and Inspection Study Committee; create............HR 539
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6062
INDEX
NURSING HOMES (Continued) Medical records; access by long-term care ombudsman or Department of Human Resources.........................................................................................................SB 87
- Nursing Home Administrators, Board of; continuation .............................................HB 1573 Receivership; certain violations.........................................................................................SB 211 Voluntary termination of provider agreement with Department of Medical Assistance......................................................................................................SB 681
o
OATHS OF OFFICE Ashe, Honorable Kathy.................................................................................................Page 4605 Cauthorn, Honorable Tom..................................................................................................Page 9 Davis, Honorable Dock H...................................................................................................Page 7 McBee, Honorable Louise.............................................................................................Page 4607 Presley, Honorable Ralph L...........................................................................................Page 213 Rivers, Honorable Robert E., Jr........................................................................................Page 4
OCONEE COUNTY; surveyor; appointment................................................................HB 1746
ODOM, MR. AND MRS. DENNIS; commend ..........................................................HR 1252
OGEECHEE JUDICIAL CIRCUIT; add judge..........................................................HB 958
OGLETHORPE COUNTY Board of education; districts...........................................................................................HB 1163 Commissioner districts.....................................................................................................HB 1164 Coroner and deputy; compensation...............................................................................HB 1226
OLIVER, DR. EVERETTA YVONNE BEAUFORD; commend...........................HR 887
OLYMPICS Clayton County; Olympic Coordinating Committee; express support; 1996 Olympic Women's Fast-Pitch Softball Event; endorse bid..........................HR 1227 Metropolitan Atlanta Olympic Games Authority; membership..................................HB 921 South Fulton Tennis Center; venue for 1996 Olympic tennis competition; endorse......................................................................................................HR 367
OMAHA, CITY OF; recognize.......................................................................................HR 79EX
OPERATION DESERT STORM Desert Storm Monument Commission; create...............................................................HR 414 Multinational coalition; appreciation...............................................................................SR 133
OPTICIANS; contact lenses; restrictions on sale by unlicensed persons ....................SB 598
OPTIMIST CLUB OF HARTWELL; commend ......................................................HR 1128
OPTOMETRISTS OF GEORGIA; commend..............................................................HR 957
OSMUS, RICHARD D.; commend..................................................................................HR 918
PALMER, DR. TIMOTHY JAKE; commend..............................................................HR 943 Refer to numerical index for page numbers
INDEX
6063
PALMETTO, CITY OF Mayor and council; vacancies ............................................................................................SB 830 Special elections; amend provisions...............................................................................HB 1919
PANNELL, LESLIE STILL; commend........................................................................HR 700
PARDONS AND PAROLES Certain prisoners and probationers; mandatory educational instruction..................HB 244 Certain prisoners; parole requirement; general educational development equivalency diploma.............................................................................HB 1180 Prisoners; notification to victim of change in status..................................................HB 1452 Sentencing; probation; amend provisions.....................................................................HB 1607 State Board; elect members - CA ......................................................................................HR 78
PARENT AND CHILD Adoption; petition verification; criminal records check..............................................HB 1599 At-risk children and youth; establish goals.....................................................................SB 104 Birth certificates; adoption or legitimation; amend provisions....................................SB 601 Birth registration; social security numbers of parents................................................HB 1177 Child; born or unborn; unlawful to sell...........................................................................HB 458 Child care expenses; court-ordered reimbursement; include Department of Human Resources..............................................................................HB 1598 Child custody; age at which a child chooses custodial parent.....................................HB 405 Child custody; agreement between parents; final judgment......................................HB 1528 Child custody; best interest of child; provide criteria...................................................SB 210 Child custody; certain change of residence; notification..............................................HB 897 Child custody; modification of visitation rights; residence outside state...................................................................................................................HB 1376 Child custody; revise provisions.......................................................................................HB 445 Child safety restraints; failure to use; increase penalty.............................................HB 1529 Child safety restraints; failure to use; penalty.............................................................HB 1258 Child safety restraints; failure to use; penalty.............................................................HB 1794 Child support; accident and sickness insurance; coverage.........................................HB 1383 Child support awards; change method of computation................................................HB 816 Child support; continuation past age of majority........................................................HB 1013 Child support; continuation past age of majority........................................................HB 1519 Child support; continuation past age of majority ..........................................................SB 360 Child support determination hearings; prohibit jury trial.........................................HB 1318 Child support enforcement; district attorney; representation...................................HB 1815 Child support; paternity; putative father registry.......................................................HB 1277 Child support receivers; collect court costs and service fees.....................................HB 1687 Child support receivers; collect court costs and service fees.....................................HB 1900 Child support recovery; amend provisions......................................................................HB 426 Child support recovery; amend provisions....................................................................HB 1384 Child with living parent; appointment of guardian by probate judge .....................HB 1564 Civil action; injury to minor child; limitation.................................................................SB 305 Common-law marriage; proof; certain evidence required.............................................HB 539 Custodial parent; change of residence; notify noncustodial parent..........................HB 1814 Death of parent; child age 14 or older select custodial relative..................................HB 692 Demonstration family resource center program; create..............................................HB 1074 Education; open communication between child and parents; prohibit interference by local systems.......................................................................HB 1761 Failure to secure safety belt on minor; charge driver of vehicle...............................HB 1105 Family or medical leave; employment.............................................................................HB 510 Family preservation and child protection; pilot projects; amend provisions..........................................................................................................HB 1981 Family violence; amend provisions...................................................................................SB 572 Family violence and protective order violations; arrest without wanant...............................................................................................................HB 298
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6064
INDEX
PARENT AND CHILD (Continued) Family violence; law enforcement officers; reports and training ..............................HB 1763 Georgia Direct-Entry Midwifery Act; enact.................................................................HB 1535
- Grandparent visitation rights; determining factors........................................................SB 759 Grandparent visitation rights; ex-affines grandparents..............................................HB 1856 Grandparent visitation rights; prohibitions....................................................................HB 796 Interference with visitation rights; define offense.........................................................HB 243 Joint Study Committee for the Well-being of Georgia's Children; create...............................................................................................................HR 333 Juvenile proceedings; counseling; procedures and expenses......................................HB 1977 Modification of alimony or child support; nonresident; jurisdiction..........................HB 806 Paternity determination; father's written statement .....................................................SB 565 Paternity determination; juvenile court jurisdiction; certain cases ..........................HB 1072 Prosecution of felony; victim under age 14; remove limitation...................................HB 571 Schools; student attend where parent employed............................................................SB 533 Seat belts; failure to secure child; charge driver of vehicle .......................................HB 1697 State Commission on Family Violence; create................................................................SB 703 State employees; family leave; provisions........................................................................SB 831 Vital records; birth certificates; include parents' social security numbers................................................................................................HB 1401 Voting; minors accompany parents in booth; authorization......................................HB 1579 Wrongful death; minor's recovery; guardianship...........................................................HB 181 Year's support; certain items; delete provisions............................................................HB 541
PARKMAN, LILLIAN H.; commend.........................................................................HR 27EX
PARKS, HISTORIC AREAS AND COMMEMORATIONS Boat docks on state owned lakes in state parks; urge study by Department of Natural Resources.............................................................................HR 1243 Cobb County; Concord Covered Bridge; oppose highway through area....................HR 773 Cobb County; Concord Historic District; urge funding for heritage park.................HR 459 Development and redevelopment; downtown development authorities; amend........................................................................................................HB 1102 Fishing; amend provisions...............................................................................................HB 1324 Georgia Prescribed Burning Act; enact............................................................................SB 543 Hotel-motel tax; certain authorities ..............................................................................HB 1212 Jekyll Island-State Park Authority; membership............................................................HB 48 K. T. Kennedy Reef; designate........................................................................................HR 500 Landmark historic property; ad valorem tax; preferential assessment.......................SB 607 Landmark historic property; include residential real property .................................HB 2006 Shore Assistance Act; repeal; Shore Protection Act; enact...........................................SB 725 Soil erosion control; buffer zone around stream banks................................................HB 765 Uniform Conservation Easement Act; enact................................................................HB 1388 Violations of rules and regulations; probate court jurisdiction.................................HB 1453 Walter F. George Tribute Commission; create ..............................................................HR 881
PARRISH, MR. AND MRS. EDWARD F., JR.; commend...................................HR 1092
PARSONS, ARNOLD; commend ....................................................................................HR 665
PASCHAL'S MOTOR HOTEL AND RESTAURANT; commend .......................HR 985
PATTY, KIM;commend...................................................................................................HR 1188
PAULDING COUNTY; board of commissioners; districts.......................................HB 2011
PAWNBROKERS Amend provisions.............................................................................................................HB 1144 Motor vehicles; repeal certain exemption.....................................................................HB 1285 Motor vehicles; storage fees ...............................................................................................SB 336
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INDEX
6065
PAWNBROKERS (Continued) Pledged goods; motor vehicles..........................................................................................HB 486 Record book of sales; delete requirement.....................................................................HB 1748 Regulation and licensing....................................................................................................HB 471
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACH COUNTY Annexation of state-owned property into City of Byron .............................................HR 133 Board of commissioners; reapportion districts.............................................................HB 2030 Perry-Fort Valley Airport Authority; member name designee to serve in member's place........................................................................................HB 29EX Stenographer at grand jury proceedings; change population figure.........................HB 2144
PEACHTREE CITY, CITY OF; mayor and council; terms.....................................HB 1605
PEARL, MINNIE; wish speedy recovery....................................................................HR 26EX
PEAVY, H. W. "HAL", JR.; commend.........................................................................HR 1096
PENAL INSTITUTIONS Certain prisoners and probationers; mandatory educational instruction ..................HB 244 Certain prisoners; parole requirement; general educational development equivalency diploma.............................................................................HB 1180 Certain public employees; indemnification; $100,000...................................................HB 705 Correctional Education School Authority; create..........................................................HB 517 Corrections Department; certain facilities; fire safety regulations...........................HB 1174 County jails; certain conditions; dispatcher serve as jailer..........................................HB 487 County jails; funds from fees and forfeited bonds; municipal contract...................HB 1149 Criminal solicitation; increase penalty............................................................................HB 331 Death penalty; televise executions...................................................................................HB 110 Department of Corrections and Board of Pardons and Paroles; drug tests on inmates; procedures.................................................................SB 678 Employ full-time chaplain..................................................................................................SB 503 Ignition interlock device; condition of probation for driving under the influence.........................................................................................................HB 165 Ignition interlock device; condition of probation for driving under the influence.......................................................................................................HB 1122 Incarceration costs; reimbursement to county; annual increase................................HB 1866 Inmates; medical services; reimbursement....................................................................HB 1170 Inmates with infectious disease or HIV infected; notification.....................................SB 128 Jails and other detention facilities; escape; felony offense..........................................HB 566 Jails; certain medical and wrongful actions costs; inmates reimburse.....................HB 1769 Jimmy Autry Correctional Institution; designate..........................................................HR 734 Juvenile proceedings and parental rights; amend Code.............................................HB 1076 Motor vehicle theft; sentence; special alternative incarceration or boot camp............................................................................................SB 350 Offenses bailable only before superior courts; provisions.............................................SB 388 Pardons and Paroles Board; elect members - CA...........................................................HR 78 Prison inmates or personnel; random drug testing.......................................................HB 248 Prisoners; notification to victim of change in status ..................................................HB 1452 Probation supervisors; compensation supplement.........................................................HB 409 Probation systems for municipal courts; authorize........................................................SB 730 Probationers; community service; perform tasks for handicapped or elderly ................................................................................................HB 1527 Sentencing; probation; amend provisions.....................................................................HB 1607 Special alternative incarceration; adult education courses; requirement.....................................................................................................HB 1688 Tuition equalization grants; define full-time student.................................................HB 1823 Uniform drug testing; provisions....................................................................................HB 1066
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6066
INDEX
PENDLEY, ALICE; commend .........................................................................................HR 741
PENNINGTON, A. FLOYD; commend.........................................................................HR 972
PENSIONS (See Retirement and Pensions)
PERRY, CITY OF; Perry-Fort Valley Airport Authority; member name designee to serve in member's place..............................HB 29EX
PERSONAL CARE HOMES Certain services; prohibit certain representations.......................................................HB 1640 Definitions; licensing provisions.....................................................................................HB 1910 Evidence in mitigation and explanation.......................................................................HB 1080 Licensing; long-term care ombudsman.............................................................................SB 561 Redefine; licensing provisions.........................................................................................HB 2119 Regulation; hospice patients; pronouncement of death by registered professional nurses........................................................................................SB 693 Restrictions on referrals.....................................................................................................SB 669
PESTICIDES AND PEST CONTROL Prohibitions.......................................................................................................................HB 1196 Structural pest control business; liability insurance...................................................HB 1348
PETERSON, MILDRED; commend.............................................................................HR 1119
PETREE, ELIZABETH (BETTY) BLANTON; commend.....................................HR 854
PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Service)
PETTY, RICHARD; commend.......................................................................................HR 1060
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHILLIPS, JOHN WALTER; condolences..................................................................HR 738
PHILLIPS, MARTHA; commend ..............................................................................,..HR 1201
PHYSICAL THERAPISTS Licenses; State Board's authority....................................................................................HB 185 Revise provisions; continue State Board.......................................................................HB 1574
PHYSICIANS AND OSTEOPATHS Abortions; advertisements; include physicians' names and degrees.........................HB 1064 Abortions; informed consent...........................................................................................HB 1062 Accident and sickness insurance; standard claim form; payment of benefits to nonpreferred provider............................................................SB 677 Anatomical gifts; amend provisions...............................................................................HB 1929 Anesthesiologists; supervise four physician's assistants ...............................................HB 214 Athletic team physician; voluntary service; liability...................................................HB 1711 Blood transfusions; certain information; doctor inform patient...............................HB 1576 Cardiopulmonary resuscitation; candidate for nonresuscitation; amend provisions..........................................................................................................HB 1223 Cardiopulmonary resuscitation; candidate for nonresuscitation; amend provisions.............................................................................................................SB 815 Cardiopulmonary resuscitation; nonresuscitation provisions; delete certain requirement..........................................................................................HB 1953 Certain waste treatment facility; permit..........................................................................SB 268 Civil actions; sexual misconduct of psychotherapists; tolling of limitations.....................................................................................................HB 1716 Contact lenses; restrictions on sale by unlicensed persons...........................................SB 598 Controlled Substances Therapeutic Research Act; amend provisions .....................HB 1187
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INDEX
6067
PHYSICIANS AND OSTEOPATHS (Continued) Department of Medical Assistance; agency rules; applicability................................HB 1069 Emergency medical services; intravenous fluids on vehicles; requirements.....................................................................................................................SB 284 Generic substitute for topically applied drugs; limitations..........................................HB 348 Georgia Comprehensive Health Insurance Pool Act; enact.......................................HB 1085 Health insurance; urge coverage of experimental prescription drugs ........................HR 212 Incapacitated adults; hearings for guardians; compensation.....................................HB 1175 Income tax credit; providers of certain prenatal care.................................................HB 1824 Injured employees; designated physician; provisions....................................................HB 349 Insurance; medical malpractice; provisions..................................................................HB 1608 Invasive procedure prohibitions; provisional license and impaired doctor program................................................................................................SB 159 Liability insurance; psychotherapist and patient; prohibit certain exclusions..........................................................................................................HB 1714 Medical assistance; claim submission; time..................................................................HB 1341 Medical assistance; publicly financed voucher program; privately delivered health insurance coverage .........................................................HB 1339 Medical Examiners, Composite State Board of; Physician's Assistants Advisory Committee; expenses...................................................................SB 468 Medical malpractice; expert witness; qualifications......................................................HB 621 Nonapproved medical schools; certain graduates; limited licenses...........................HB 1736 Patient Self-referral Act of 1992; enact........................................................................HB 1842 Prostate cancer; urge tests for early detection...............................................................HR 782 Psychologists or psychiatrists and patients; privileged communications.............................................................................................................HB 1435 Therapeutic sexual battery; define offense...................................................................HB 1141 Torts; medical malpractice..............................................................................................HB 1522 Torts; medical malpractice; definitions...........................................................................HB 721 Torts; medical malpractice; provisions..........................................................................HB 1336 Torts; Noneconomic Damage Awards Act; enact........................................................HB 1327 Uncompensated medical care; limitation on liability....................................................HB 681 Vehicles transporting certain agents; exempt from marking requirement..............HB 1570 Workers' compensation; allowable medical charges; determination............................SB 687
PINCH HITTER PROGRAM OF THE ATLANTA GATE CITY LODGE OF B'NAI B'RITH; commend.......................................................HR 1037
PINELAND COMMUNITY MENTAL HEALTH CENTER OF BULLOCH COUNTY; commend .....................................................................HR 71EX
PITTMON, CAROL; condolences ....................................................................................HR 911
PITTS, CAPTAIN WILLIE, JR.; invite to House......................................................HR 915
PLANT, ANNE T.; commend ...........................................................................................HR 748
POAG, HONORABLE CHARLES "JUDY" N.; commend ...................................HR 1288
PODIATRISTS; practice of podiatry; define................................................................HB 1580
POLK COUNTY Homestead exemptions; certain residents.....................................................................HB 2154 Homestead exemptions; certain residents .......................................................................SB 865 Office of treasurer; repeal Act abolishing.....................................................................HB 1652 Superior court clerk; compensation; change population figure.................................HB 2158 Superior court clerk; compensation; change population figures...................................SB 384
POOLER, CITY OF; corporate limits............................................................................HB 2026
PORTER, HOUSTON G., JR.; commend....................................................................HR 1284
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6068
INDEX
PORTER, MRS. EVERETTA; commend..................................................................HR 59EX
POST MORTEM EXAM ACT Death certificates; disposition of body permits; amend provisions ..........................HB 1534
- Death investigations; autopsy and limited dissection; redefine ...................................SB 322 Death investigations; certain requirements....................................................................HB 520 Death investigations; certain requirements....................................................................HB 673
POSTSECONDARY EDUCATION Campus policemen; certain colleges; repeal certain definition....................................HB 610 Colleges; full-tuition scholarship program .........................................................................SB 31 Colleges; Matthews-Dent scholarships; establish...........................................................HB 176 Educational loans; certain teachers; service cancelable................................................HB 305 Full-tuition scholarship program; provide......................................................................HB 515 Georgia Military College; board of trustees; composition.............................................SB 461 Georgia Military College; two-year limit; delete............................................................HB 842 Gerontology; urge instruction throughout University System.....................................HR 648 Immunizations; enrollment requirement.......................................................................HB 1745 Nonapproved medical schools; certain graduates; limited licenses...........................HB 1736 Proprietary schools; additional limited exemption........................................................HB 477 Proprietary schools; amend provisions..........................................................................HB 1997 Proprietary schools; exempt certain colleges and universities and certain institutes of paper science and technology..........................................HB 1693 Proprietary schools; fees....................................................................................................HB 318 Proprietary schools; job placement of graduates...........................................................HB 301 Proprietary schools specializing in religious instruction; exemption..........................HB 225 Proprietary schools; tuition guaranty trust fund; establish.........................................HB 319 Quality basic education; certain psychiatric or psychological courses; boards adopt policies.......................................................................................HB 404 Scholarships; certain offices; promote programs ...........................................................HB 695 Schools; sex education and AIDS prevention; sexual abstinence................................HB 675 Service cancelable loans; gerontology and geriatrics fields........................................HB 1150 Student loans in default; prohibit state employment.................................................HB 1343 Students; certain school-sponsored activities; eligibility ..............................................HB 768 Study Commission on Postsecondary Technical and Adult Education Finance; create .............................................................................................HR 928 Study Commission on Postsecondary Technical and Adult Education Finance; create..............................................................................................SR 431 University System; earned credit hours; relative to expiration...................................HR 543 University System; encourage conversion to semester system..................................HR 1026 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create..........HR 780
POTEET, BOB AND RUTH; commend taxi service.................................................HR 1031
POTTS, HAL; condolences...............................................................................................HR 1084
POWDER SPRINGS, CITY OF Council; election.......................................,...........................................................................SB 673 Homestead exemption; certain residents.........................................................................SB 858
POWELL, ROBERT L.; condolences..............................................................................HR 901
PRESCOTT, FOLAMI; commend .................................................................................HR 1241
PRESCRIPTION DRUGS AND PHARMACISTS Controlled substances and dangerous drugs; amend list............................................HB 1342 Controlled Substances Therapeutic Research Act; amend provisions .....................HB 1187 Doctor of pharmacy; definition ......................................................................................HB 1360 Generic substitute for topically applied drugs; limitations..........................................HB 348
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INDEX
6069
PRESCRIPTION DRUGS AND PHARMACISTS (Continued) Health insurance; urge coverage of experimental prescription drugs ........................HR 212 House State Health Benefit Plan Pharmacy Program Study _ Committee; create...........................................................................................................HR 731 House Tiered Pricing of Pharmaceuticals Study Committee; create.........................HR 571 Hydromorphone oral tablets; prohibit oral prescription ..............................................HB 137 Medical assistance; certain drugs; prior authorization and approval.........................HB 472 Medical assistance; claim submission; time..................................................................HB 1341 Medical assistance; publicly financed voucher program; privately delivered health insurance coverage .........................................................HB 1339 Pharmacists; equivalent name drugs or generic drugs..................................................HB 131 Pharmacists; license hearings; certain disabilities.........................................................HB 136 Regulatory agencies; comprehensively revise provisions ...............................................SB 535 Torts; certain donations to nonprofit organizations; liability....................................HB 1331 Torts; certain drugs; punitive damages; limitations and exception ..........................HB 1332
PRESLEY, HONORABLE RALPH L. Committee assignments...................................................................................................Page 259 Oath of office ....................................................................................................................Page 213
PRICE, LENNIS;commend..........................................................................................HR 40EX
PRIMARIES (See Elections)
PRINE, SERGEANT CHRIS; commend ......................................................................HR 905
PRINTING AND DOCUMENTS Executive branch publications; use of officials' names; prohibitions .......................HB 1647 Photographs or reproductions; sheriffs; right to make; fees.........................................SB 345 State agencies and schools; include term "multiracial" on forms requesting racial identification ..................................................................HB 1295
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS; denial of license.........................................................................................HB 160
PRIVATE WAYS; maximum width; 30 feet...................................................................HB 630
PROBATE COURTS Certain misdemeanor cases; jurisdiction .......................................................................HB 1098 Certain misdemeanor cases; jurisdiction .......................................................................HB 1099 Chief clerk acting as judge; compensation.......................................................................SB 554 Chief clerk perform marriages; certain counties............................................................HB 702 Chief clerk perform marriages; certain counties............................................................HB 703 Chief clerk's qualifications and powers; certain counties.............................................HB 704 Child with living parent; appointment of guardian by judge....................................HB 1564 Consolidation of records; automation..............................................................................HB 529 Constitutional county officers; compensation.................................................................SB 553 County administrator; appointment in certain counties by probate judge; population figure...................................................................................SB 753 County law libraries; board of trustees; membership.................................................HB 1861 Default judgments; medical insurance; certain guardianships ..................................HB 1238 Fees for certain hearings ...................................................................................................HB 213 Firearms; license to carry; amend provisions....................................................................SB 45 Fireworks; certain types; sales ........................................................................................HB 1035 Judges and magistrates; marriage ceremonies; gratuities...........................................HB 1166 Judges; nonpartisan election .............................................................................................HB 211 Judges; nonpartisan election - CA...................................................................................HR 102 Judges; nonpartisan election; qualifying............................................................................SB 62
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6070
INDEX
PROBATE COURTS (Continued) Judges of the Probate Courts Retirement; amend provisions........................................SB 60 Judges of the Probate Courts Retirement; board of commissioners; employees............................................................................................................................SB 61 Judges of the Probate Courts Retirement; cost-of-living benefits.................................SB 47 Judges; office hours; exception..........................................................................................SB 291 Judges Retirement; certain members; retire at age 55..................................................SB 337 Judicial branch personnel; continuing education; impose fee......................................SB 518 Jurisdiction in certain counties; repeal certain provisions............................................SB 689 Parks, historic sites, and recreational areas; violations of rules and regulations; jurisdiction.........................................................................HB 1453 Schedule of costs in certain counties; population brackets .......................................HB 1651 Self-proved will; testator and witnesses; affidavits.......................................................HB 556 Service of minor or incapacitated adult; provisions....................................................HB 1621 Traffic cases; certain counties; repeal certain provision.............................................HB 1645 Wills; lost or destroyed; copy accepted for probate......................................................HB 440
PROBATION Amend provisions .............................................................................................................HB 1607 Certain prisoners and probationers; mandatory educational instruction..................HB 244 Criminal cases; probated sentences; amend provisions ..............................................HB 1313 Department of Corrections and Board of Pardons and Paroles; drug tests on inmates; procedures.................................................................SB 678 Drivers' licenses; serious offender status; provisions..................................................HB 1938 Ignition interlock device; condition of probation for driving under the influence.........................................................................................................HB 165 Ignition interlock device; condition of probation for driving under the influence.......................................................................................................HB 1122 Jails; certain medical and wrongful actions costs; inmates reimburse.....................HB 1769 Offenses bailable only before superior courts; provisions.............................................SB 388 Probationers; community service; perform tasks for handicapped or elderly................................................................................................HB 1527 Special alternative incarceration; adult education courses; requirement....................................................................................................................HB 1688 Supervisors; compensation supplement...........................................................................HB 409 Systems for municipal courts; authorize..........................................................................SB 730
PROFESSIONS AND BUSINESSES Accident and sickness insurance; reimbursements for certain service.......................HB 228 Accountancy, public; quality review; confidentiality..................................................HB 1221 Acupuncturists; regulation ..................................................................................................HB 88 Anesthesiologists; supervise four physician's assistants ...............................................HB 214 Athlete agents; registration; amend provisions............................................................HB 2038 Auctioneers and used motor vehicle dealers; licensing provisions............................HB 1637 Barbers, Board of; continuation.....................................................................................HB 1566 Barbershops and schools; sanitary precautions; compliance......................................HB 1077 Beauty pageants; regulation............................................................................................HB 1978 Certain business loans; authorize guaranteed revenue debt - CA..............................HR 385 Certain waste treatment facility; permit..........................................................................SB 268 Chiropractors; scope of practice.....................................................................................HB 1483 Clinical laboratories; examination of specimens; request by chiropractors....................................................................................................................HB 328 Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create ..........................HR 844 Contact lenses; restrictions on sale by unlicensed persons...........................................SB 598 Controlled Substances Therapeutic Research Act; amend provisions .....................HB 1187 Cosmetologists; continuing education...............................................................................SB 181
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INDEX
6071
PROFESSIONS AND BUSINESSES (Continued) Cosmetology, Board of; continuation.............................................................................HB 1571
Counties and municipalities; business license issuance; require proof of state license ......................................................................................HB 1718
Crematories; licensing; exception...................................................................................HB 1472
Deceptive practices; certain use of local telephone number by nonlocal business; prohibit..........................................................................................HB 1314
Dentists; continuing education.........................................................................................HB 267 Denturist Practice Act; enact .........................................................................................HB 1875
Doctor of pharmacy; definition ......................................................................................HB 1360 Driver training schools; surety bond, fee, and license provisions...............................HB 824 Electrical contracting license; include low-voltage contracting...................................HB 869
Electrical contractors, plumbers, and conditioned air contractors; licensing exemption................................................................................HB 1109
Electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; change declaration of purpose................................................................HB 797
Electrical, plumbing, or conditioned air contractors; licensing; grandfathering..............................................................................................HB 1840
Electricity Generating Plant Condemnation Review Board; create...........................HB 898 Engineers and land surveyors; amend provisions..........................................................HB 143 Farm equipment, heavy equipment, and new motor vehicle
manufacturers, distributors, dealers, and representatives; General Assembly regulate - CA...................................................................................SR 486
Funeral directors and embalmers; amend provisions..................................................HB 1349 Funeral directors and embalmers; apprenticeship; registration..................................HB 576 Funeral establishments; amend provisions...................................................................HB 2136
Funeral home; property dedicated for cemetery; requirements...................................SB 236 Georgia Certified Fire Investigators Act; enact.............................................................HB 969
Georgia Direct-Entry Midwifery Act; enact.................................................................HB 1535 Georgia Practical Nurses Practice Act; enact.................................................................SB 599
Georgia Science and Technology Commission; create ..................................................HB 757 Health care providers; certain advertisement; deceptive practice............................HB 1347
Health related professions; prohibitions on invasive procedures; provisional licenses and impaired doctor programs; practicing dentistry without a license........................................................SB 159
Hearing aid dealers and dispensers; speech-language pathologists and audiologists; licensing.....................................................................HB 1434
Home beauty shop; operate in mobile home or van.....................................................HB 749 House Nursing Home Ombudsman Study Committee; create....................................HR 538
House Nursing Home Regulation and Inspection Study Committee; create............HR 539
Income tax credit; businesses in certain counties........................................................HB 1399 Income tax credit; certain businesses in certain counties............................................HB 489 Insurable interest; charitable institution; life of donor................................................HB 903
Insurance; capital stock requirement; extension..........................................................HB 1272
Interior designers; registration and certification by State Board of Architects...............................................................................................SB 168
Irrigation contractors; licensing........................................................................................HB 559
Landscape architects; continuation of board ...............................................................HB 1350 Laundry or dry cleaning equipment; regulation; certain exception............................HB 114
Massage, State Board of; create.....................................................................................HB 1071 Massage therapists; registration; requirements............................................................HB 1070
Massage therapists; regulations........................................................................................HB 192 Master plumbers; licensing; examination requirements...............................................HB 581
Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; provisions.................................................................HB 628
Medical Examiners, Composite State Board of; Physician's Assistants Advisory Committee; expenses...................................................................SB 468
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6072
INDEX
PROFESSIONS AND BUSINESSES (Continued) Medical malpractice; expert witness; qualifications......................................................HB 621 Minority Business Enterprise, Advisory Committee on; commend............................HR 923
- Minority Business Enterprise, Advisory Committee on; invite to House..................HR 791 Multiple employer self-insured health plans; premium taxes; surplus accounts............................................................................................................HB 1922 Nonapproved medical schools; certain graduates; limited licenses...........................HB 1736 Nonrecyclable packaging; urge businesses find alternatives........................................HR 898 Nursing Home Administrators, Board of; continuation.............................................HB 1573 Nursing homes; certain sprinkler system; requirement.................................................SB 182 Occupation or professional tax; limitations..................................................................HB 1536 Occupation tax; practitioner's principal office; amend.................................................HB 697 Occupation tax; principal office; certain contractors ....................................................HB 750 Occupation tax; principal office; maximum....................................................................HB 624 Pari-mutuel racetracks and wagering; authorize ...........................................................HB 777 Patient Self-referral Act of 1992; enact ........................................................................HB 1842 Pawnbrokers; amend provisions.....................................................................................HB 1144 Pawnbrokers; motor vehicles; storage fees.......................................................................SB 336 Pawnbrokers; pledged goods; motor vehicles.................................................................HB 486 Pawnbrokers; record book of sales; delete requirement .............................................HB 1748 Pawnbrokers; regulation and licensing............................................................................HB 471 Personal care homes; certain services; prohibit certain representations..............................................................................................................HB 1640 Personal care homes; definitions; licensing provisions ...............................................HB 1910 Personal care homes; evidence in mitigation and explanation..................................HB 1080 Personal care homes; redefine; licensing provisions....................................................HB 2119 Personal care homes; regulation; hospice patient; pronouncement of death by registered professional nurse.........................................................................SB 693 Personal care homes; restrictions on referrals ................................................................SB 669 Pharmacists; equivalent name drugs or generic drugs..................................................HB 131 Pharmacists; license hearings; certain disabilities.........................................................HB 136 Physical therapists; licenses; State Board's authority ..................................................HB 185 Physical therapists; revise provisions; continue State Board....................................HB 1574 Plumbing; defmition.........................................................................................................HB 1425 Podiatrists; define practice of podiatry .........................................................................HB 1580 Private detective and private security agency; denial of license.................................HB 160 Psychologists, Board of; continuation ...........................................................................HB 1572 Psychologists or psychiatrists and patients; privileged communications.............................................................................................................HB 1435 Public libraries; boards of trustees; compensation........................................................HB 579 Real estate appraisers; classification; exemptions..........................................................SB 536 Real estate appraisers; classification; exemptions..........................................................SB 613 Real estate appraisers; licensing; certain exemption...................................................HB 1289 Real estate brokers and salespersons; interest-bearing trust accounts ....................HB 1002 Real Estate Commission; terms of office ........................................................................HB 430 Real estate; trust or escrow accounts; federally insured ............................................HB 1283 Regulatory agencies; comprehensively revise provisions ...............................................SB 535 Roofing contractors; regulate..........................................................................................HB 1290 Sales representatives; contracts; amend provisions........................................................SB 639 Secondary metals recyclers; regulate .............................................................................HB 1756 Small employer health benefit plans; provisions.........................................................HB 1622
Small Employer Health Insurance Availability and Consumer Protection Act; enact....................................................................................................HB 1775
Speech-language pathology aide; scope of practice........................................................SB 463
Structural pest control business; liability insurance...................................................HB 1348
Study Committee on Professional Tax Equity; create.................................................HR 938
Study Committee on Professional Tax Equity; create ..................................................SR 510
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INDEX
6073
PROFESSIONS AND BUSINESSES (Continued) Therapeutic Recreation Licensing Act; enact .................................................................SB 464 Title insurance; regulate..................................................................................................HB 2032 Torts; medical malpractice; definitions...........................................................................HB 721 Trademark registration; revise fees; corporations, partnerships, and associations; revise fees................................................................HB 1682 Uncompensated medical care; limitation on liability....................................................HB 681 Used motor vehicle parts dealers, dismantlers, rebuilders, and salvage dealers; amend provisions......................................................................HB 1914 Water and Wastewater Treatment Plant Operators and Laboratory Analysts Board; add member.................................................................HB 1846 Water system services; rates, fees, charges; county set ..............................................HB 1057 Water well contractors; license renewal; examination..................................................HB 748
PROPERTY Abandoned cemeteries; upkeep by counties and municipalities; reimbursement...............................................................................................................HB 1611 Abandoned railroad property; acquisition provisions.................................................HB 1689 Acquisition by state; reduced ad valorem tax liability.................................................HB 435 Ad valorem tax; amend provisions; mobile homes; location permits ..........................SB 617 Ad valorem tax; appealed assessments; property value; Consumer Price Index - CA..........................................................................................HR 991 Ad valorem tax; assessment at fair market value........................................................HB 1463 Ad valorem tax; certain documents; escrow accounts.................................................HB 1962 Ad valorem tax collectors and appraisers; duties and responsibilities........................SB 539 Ad valorem tax, definitions; tangible property, assessment ........................................HB 463 Ad valorem tax; exempt certain increase in property value - CA ..............................HR 931 Ad valorem tax exemption; community service organizations...................................HB 1375 Ad valorem tax; fair market value; federal or state restrictions on property use..........................................................................................HB 233 Ad valorem tax; installment payments; due dates ......................................................HB 1131 Ad valorem tax; intangible personal property; include computer software........................................................................................................HB 2028 Ad valorem tax; motor vehicles and mobile homes; certain requirement .................HB 943 Ad valorem tax; outside state; exempt............................................................................HB 668 Ad valorem tax; property value; acquisition - CA.........................................................HR 188 Ad valorem tax return; notice of changes; provisions.................................................HB 1963 Ad valorem tax returns; certain counties; population classification.........................HB 1101 Ad valorem tax; time for returns; homestead exemption filing date ..........................SB 695 Airports; acquisition; consent of electors........................................................................HB 121 Airports; certain acquisitions; zoning laws .......................................................................HB 46 Airports; certain property condemnation; prohibit........................................................SB 173 Airports; extraterritorial condemnation ...........................................................................HB 45 Amateur radio operators; antennae installation; restrictive covenants ....................HB 1713 Anatomical gifts; amend provisions ...............................................................................HB 1929 Assessment appeal; taxpayer access to certain information......................................HB 1964 Bankruptcy filings; recommendations for processing and adjudication .....................SR 426 Boards of equalization; authorize additional boards in certain counties.............................................................................................................HB 1889 Boards of equalization; provisions for additional boards...........................................HB 1890 Bonds and recognizances; surety on bail bonds; certain persons..............................HB 2014 Cemeteries; minimum size requirements; exemptions...................................................SB 490 Certain lease agreements; discharge of sales and use tax............................................HB 431 Certain tax appeals; time interest accrual begins........................................................HB 1562 Coastal marshlands; amend provisions..........................................................................HB 1389 Condominiums; certain expenses; liability......................................................................HB 543 Contracts; timely payments; grounds for withholding................................................HB 1575 Controlled substances; forfeitures; proceeds ...................................................................SB 569
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6074
INDEX
PROPERTY (Continued) Corporations; security agreement transfer; authorization..........................................HB 1159 Counties and municipalities; property acquisition for airport runways; referendum....................................................................................:.................HB 166 Counties or municipalities; property in adjoining counties; prohibit purchase; exception.......................................................................................HB 1976 County real property; sale to highest bidder; provisions ...........................................HB 1675 County tax digest; evaluation cycle; provisions...........................................................HB 1595 Covenants running with the land; petition to extend; name verification ..........................................................................................................HB 2066 Derelict motor vehicles; disposition.................................................................................HB 783 Disposition; forfeiture of firearms; certain offenses....................................................HB 1446 Disposition of unclaimed property; amend provisions................................................HB 1397
Electricity Generating Plant Condemnation Review Board; create ...........................HB 898 Eminent domain; condemned property; environmental compliance ........................HB 1677 Engineers and land surveyors; amend provisions..........................................................HB 143 Exchange for criminally derived funds; unlawful transaction.....................................HB 324 Excise tax; state and county; solid minerals severance................................................HB 696 Fair market value; advertised price...............................................................................HB 1961 Fair market value; determinants....................................................................................HB 1960 Fair market value; sale price...........................................................................................HB 1959 Fraudulent receipt of rental property; define offense ................................................HB 1474 Funeral home; property dedicated for cemetery; requirements...................................SB 236 Georgia Airport Development Authority Law; enact....................................................HB 525 Georgia Property Owners' Association Act; enact.......................................................HB 1078 Goods and services; regulating cost; exemptions...........................................................HB 747 Hazardous substance or oil spills; actions for damages..............................................HB 1559 Homestead exemption; age 65 or over; increase to $10,000.......................................HB 2072 Homestead exemption; retirement community homestead........................................HB 1632 Homestead exemptions; application date.....................................................................HB 1003 Hospitals; perfecting lien; time period.............................................................................SB 170 Income tax credit; investment in certain progress
expenditure property....................................................................................................HB 1448 Income tax credit; rehabilitation of certain commercial property ............................HB 1449 Income tax; nonrecognition of gain; certain withholding provisions........................HB 1739 Indian burial grounds, human remains, and burial objects; protection.....................HB 457 Insurance agents, solicitors, brokers, counselors,
and adjusters; amend licensing provisions...................................................................SB 747 Insurance agents, solicitors, brokers, counselors,
and adjusters; licensing; comprehensive revision.....................................................HB 1870 Insurance; assumption reinsurance agreements; provisions..........................................SB 724 Intangible tax; increase certain rates...............................................................................HB 545 Land bank authorities; property acquisition; certain taxes.......................................HB 1692 Landlord and tenant; utilities; repeal certain provisions...........................................HB 1557 Landmark historic property; ad valorem tax; preferential assessment.......................SB 607 Landmark historic property; include residential real property.................................HB 2006 Lien against previous owner; cancellation....................................................................HB 1585 Local governments; fair rent commission.......................................................................HB 111 Local governments; special service districts; administration.....................................HB 1410 Mechanics' and materialmen's liens; suppliers of rental equipment
for improvement of real estate; provisions.................................................................HB 628 Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact ..................HB 836
Motor vehicles; moving or storing; liens..........................................................................SB 339
Motor vehicles; pawnbrokers; storage fees ......................................................................SB 336
Pawnbrokers; amend provisions.....................................................................................HB 1144
Pawnbrokers; pledged goods; motor vehicles .................................................................HB 486
Pawnbrokers; record book of sales; delete requirement .............................................HB 1748
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INDEX
6075
PROPERTY (Continued) Pawnbrokers; regulation and licensing............................................................................HB 471 Pawnshop charges; motor vehicles; repeal certain exemption...................................HB 1285 -Periodic Payment of Judgments Act; enact.................................................................HB 1329 Political subdivisions; property purchase; appraisal requirements.............................HB 499 Posted against hunting; mark trees with royal purple paint.......................................HB 745 Private property rights; certain legislation; urge Congress enact...............................HR 998 Private ways; maximum width; 30 feet...........................................................................HB 630 Property and casualty insurance; annual reports; consumer complaints.................HB 1526 Property to secure debt; title reversion; change time.................................................HB 1586 Public road purpose; wetland mitigation........................................................................HB 674 Public utilities; operating property; return for taxation ............................................HB 1671 Real estate appraisers; licensing; certain exemption...................................................HB 1289 Real estate transfer tax; exempt foreclosure sale........................................................HB 1464 Real property; acquisition by transfer; tax return ......................................................HB 1561 Real property; bona fide sale; appraised value; Consumer Price Index CA.............................................................................................HR 990 School systems; multiyear lease, purchase, or lease purchase contracts; real property limitations..............................................................................HB 321 Searches with warrants; destruction of property; liability .........................................HB 1749 Sheriffs; fees; clerks' recording fees..................................................................................SB 496 Standing timber; purchase reports to tax assessors; disclosure.................................HB 1867 State employees; flexible benefit plans; group property and casualty insurance....................................................................................................SB 770 Tax assessment appeal; certain discussion; taxpayer's rights....................................HB 1965 Tax assessment; reduction as result of appeal; property owner's expenses...........................................................................................................HB 1966 Tax assessments; appeals to superior court; utilize county appraisal staff...................................................................................................HB 1124 Tax assessments; certain counties; population brackets.............................................HB 1897 Tax assessments; taxpayer and board of equalization disputes; arbitration.....................................................................................................HB 1123 Tax deferral for the elderly; alternative method...........................................................HB 505 Tax deferral for the elderly; annual income of $25,OOO................................................HB 507 Tax deferral for the elderly; annual income of $40,OOO................................................HB 506 Tax deferral for the elderly; certain counties; alternative method.............................HB 503 Tax deferral for the elderly; certain counties; repeal alternative method..........................................................................................................HB 504 Tax execution; administration levy; attorney's fees.........................................................SB 56 Tax lien; security interest; priority................................................................................HB 1722 Tax litigation; jurisdiction of superior court; payment of taxes ...............................HB 1957 Tax sale; right to redeem property; expiration............................................................HB 1095 Tenant set aside dispossessory default.........................................................................HB 1079 Title insurance; regulate..................................................................................................HB 2032 Torts; Joint and Several Liability Abolition Act; enact................................. i ...........HB 1328 Uniform Conservation Easement Act; enact ................................................................HB 1388 Unrepresented estate; temporary administrator; appointment; powers...................HB 2037 Water companies; unpaid charges; limited liens ..............................................................SB 10 Wills; lost or destroyed; copy accepted for probate......................................................HB 440 Wills; lost or destroyed; presumption of revocability; applicability............................SB 828
PSYCHOLOGISTS Civil actions; sexual misconduct of psychotherapists; tolling of limitations .................................................................................................................HB 1716 Continuation of Board.....................................................................................................HB 1572 Incapacitated adults; hearings for guardians; compensation.....................................HB 1175 Liability insurance; psychotherapist and patient; prohibit certain exclusions..........................................................................................................HB 1714
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6076
INDEX
PSYCHOLOGISTS (Continued) Powers and functions .........................................................................................................HB 408 Psychologists or psychiatrists and patients; privileged communications.............................................................................................................HB 1435 Sexual assault against persons under psychotherapeutic care; define offense ................................................................................................................HB 1523 Therapeutic sexual battery; define offense...................................................................HB 1141
PUBLIC ASSISTANCE Aid to dependent children; preschool age child; provisions.......................................HB 1312 Aid to families with dependent children; all welfare benefits; Department of Human Resources make study........................................HB 1511 Benefits; urge electronic transfer ...................................................................................HR 1130 Certificate of need; health care facilities; provider of medical assistance............................................................................................................SB 680 Department of Human Resources; provision of services; urge policy review..................................................................................................................HR 1040 Dependent children receiving aid; mandatory school attendance; exception..........................................................................................................................HB 895 Food stamp program; reduction in assistance..............................................................HB 1505 Food stamp recipients; photo identification...................................................................HB 893 Health care; urge Congress to enact universal-coverage national health plan.......................................................................................................HR 711 Home Delivered Meals and Transportation Services for the Elderly Fund; establish................................................................................................HB 1650 Home Delivered Meals, Transportation Services to the Elderly, and Preschool Children with Special Needs Fund; create......................HB 1542 Housing and Finance Authority; powers..........................................................................SB 513 Indigent Care Trust Fund; General Assembly provide by law - CA..........................HR 840 Indigent defense; capital cases; expenses and attorneys' fees ...................................HB 1291 Indigent defense; multicounty public defender; create office.......................................SB 545 Jobs Creation Authority; create .....................................................................................HB 1874 Level based on length of residence................................................................................HB 1507 Medical assistance; claim submission; time..................................................................HB 1341 Medical assistance; publicly financed voucher program; privately delivered health insurance coverage .........................................................HB 1339 Nursing facility; voluntary termination of provider agreement with Department of Medical Assistance ......................................................................SB 681 Reports; aggregate expenditures.....................................................................................HB 1504 Special Program of Services for At-Risk Children and Their Families Act; enact.......................................................................................................HB 1073 State Housing Trust Fund for the Homeless Commission; powers.............................SB 512 State lottery; indigent care and educational purposes - CA..........................................HR 36 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact..................................................SB 269 Technology Related Assistance Trust Fund for Individuals with Disabilities - CA .....................................................................................................SR 146 Welfare reform; urge study by House...........................................................................HR 1181
PUBLIC BUILDINGS Alcoholic beverage sales; publicly owned facilities; nondrinking area .....................HB 1906 Building codes; state minimum standards; certain contractors; licensing exemptions.....................................................................................................HB 1109 Covered multifamily dwelling; accessible to handicapped.........................................HB 1847 Department of Georgia Buildings; create .....................................................................HB 2065 Fire protection sprinkler system; certificate of competency; revocation.......................................................................................................................HB 1642
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INDEX
6077
PUBLIC BUILDINGS (Continued) Fire safety standards; revise provisions ........................................................................HB 1503 Multifamily dwellings; specifications; handicapped persons........................................HB 522 -Smoking; amend provisions...............................................................................................HB 728
PUBLIC CONTRACTS Certain municipalities; binding contracts; nonprofit aquariums...............................HB 1555 Counties and municipalities; certain multiyear contracts; referendum...................HB 1309 GeorgiaNet Authority; publication and sale of Georgia Register ................................SB 379 Multiyear contracts; certain data; publication.............................................................HB 1811 Public works contracts; preference to Georgia contractors..........................................HB 993 Public works; retainage; interest; investment; payment................................................SB 631
PUBLIC OFFICERS AND EMPLOYEES Alien; employment loyalty oath; delete certain reference............................................HB 190 At-risk children and youth; establish goals.....................................................................SB 104 Attorney General; employment of private counsel......................................................HB 1441 Bail bond business; prohibition; exception...................................................................HB 1802 Bribery; exclusions from definition of offense.............................................................HB 1855 Bribery; redefine offense .................................................................................................HB 1113 Campaign contributions during legislative session; reporting ...................................HB 1565 Campaign contributions; limitations................................................................................HB 521 Campaign contributions; limitations ....................................................................................SB 4 Campaign contributions; limitations ..................................................................................SB 18 Campaign contributions; out-of-state sources; prohibitions ......................................HB 1190 Campaign contributions; unopposed candidates; disclosure ........................................HB 229 Campaign contributions; unused funds; pay prior campaign debt or transfer to state treasury...............................................................................HB 1923 Campaign literature; regulation provisions........................................................................SB 22 Candidates for public office; expenditures; limitations ................................................HB 678 Certain elected officials; plurality of votes - CA.............................................................HR 38 Certain final conviction; ineligible for office..................................................................HB 255 Certain military duty; sick leave ....................................................................................HB 1423 Certain public employees; indemnification; $100,000 ...................................................HB 705 Certain retirees; medical and dental services; liability ..................................................SB 465 Certain state officials; compensation; provide by law.................................................HB 1129 Chaplain; create position in classified service of merit system ....................................SB 471 Commission on Equal Opportunity; change name from Fair Employment Practices....................................................................................................SB 614 Compensation of local officials set by continued Constitutional Amendment; General Assembly change by local law - CA........................................HR 33 Consolidated insurance program; provide.....................................................................HB 1933 Coroners; qualifications and training; unattended death defined .................................SB 33 County school superintendents; qualifications; residency requirement ...................HB 1371 Death investigations; autopsy and limited dissection; redefine ...................................SB 322 Death investigations; certain requirements....................................................................HB 520 Death investigations; certain requirements ....................................................................HB 673 Department of Natural Resources; unclassified hourly employees; selection............................................................................................................................HB 938 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991; enact...................................................................................................................HB 933 Elected officials; certain employment prohibited; time limit....................................HB 1227 Elected officials; limit terms - CA...................................................................................HR 676 Elections; certain petitions; one signature per card.........................................................SB 25 Elections; plurality vote; exceptions................................................................................HB 100 Employees' Retirement; certain Center for Disease Control service credit....................................................................................................................HB 913 Employees' Retirement; certain day laborers; service credit.......................................HB 936
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6078
INDEX
PUBLIC OFFICERS AND EMPLOYEES (Continued) Employees' Retirement; certain out-of-state service credit....................................................................................................................HB 715
- Employees' Retirement; death of spouse; new spouse's benefit...................................SB 166 Employees' Retirement; new agencies; membership.......................................................HB 41 Employees' Retirement; reemployment penalties; over 1040 hours ...........................HB 309 Employees' Retirement; 32 years service........................................................................HB 138 Employees' Retirement; transfer service to Teachers Retirement System.........................................................................................................HB 717 Employees' Retirement; Vietnam service credit............................................................HB 865 Employees' Retirement; Vietnam service credit............................................................HB 924 Employment announcements; posting date....................................................................HB 591 Environmental Protection Division; appoint director....................................................SB 102 Environmental Protection Division; director; provide....................................................HB 79 Ethics; campaign contributions; limitations.................................................................HB 1153 Ethics training courses; provisions.................................................................................HB 1648 Ethics training for public officers; General Assembly provide by law - CA.......................................................................................................HR 859 Executive branch; certain agency subdivisions; name change procedure ..................HB 603 Executive branch publications; use of officials' names; prohibitions .......................HB 1647 Financial disclosure reports; gifts, food, entertainment, lodging over $200; certain information required....................................................................HB 1042 Financial disclosure statements; form...........................................................................HB 1264 Flexible employee benefit plans; group property and casualty insurance............................................................................................................SB 770 Furlough provisions ..........................................................................................................HB SEX General Assembly; air travel costs; reimbursement....................................................HB 1311 General Assembly and Lieutenant Governor; four-year terms; limit service - CA................................................................................................HR 872 General Assembly; expense accounts; documentation..................................................HB 119 General Assembly; four-year terms - CA........................................................................HR 861 General Assembly members; full-time officials; salary supplement .........................HB 1043 General Assembly; reduce compensation; employee furlough days .............................SB 510 Georgia Airport Development Authority Law; enact....................................................HB 525 Georgia Laws and Senate and House Journals; selling price .......................................SB 791 Georgia Tort Claims Act; enact........................................................................................HB 606 Georgia Tort Claims Act; enact.........................................................................................SB 415 Governor and Lieutenant Governor; one six-year term - CA........................................HR 17 Governor's Development Council; composition; powers................................................SB 590 Hazardous Chemical Protection and Right to Know Act; transfer administration to merit system..................................................................................HB 2029 Health insurance; benefits for certain district attorney personnel.............................HB 194 Honorariums; prohibitions.................................................................................................SB 480 Injured employees; designated physician; provisions....................................................HB 349 Insurance Commissioner; financial regulatory capabilities; powers..........................HB 1344 Insurance violations; penalties and fines; revise provisions.......................................HB 1345 Judicial Nominating Commission; provide .....................................................................HB 299 Legislative fiscal oversight committee; create; state auditor; powers..........................SB 410 Legislative Retirement; return to service; less than 1040 hours .................................HB 310 Lobbying; registration of representatives of state agencies ...........................................HB 20 Lobbying; registration of representatives of state agencies............................................SB 55 Loyalty oath; change provisions.......................................................................................HB 191
Loyalty oath; delete certain reference.............................................................................HB 189
Merit system; certain personnel; unclassified service......................................................SB 17
Merit system; hearings; employee representation..........................................................HB 109
Merit system; permanent employees; adverse actions...................................................SB 106
Merit system; sick leave.....................................................................................................HB 112
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INDEX
6079
PUBLIC OFFICERS AND EMPLOYEES (Continued) Nepotism; prohibitions.......................................................................................................SB 482 Notaries public; performance bonds; provisions.............................................................SB 719
- Office of Planning and Budget director; member; State Financial and Investment Commission - CA................................................................................SR 200
Open meetings and open records; amend provisions.....................................................SB 604 Public Employees Relations Act of 1991; enact.............................................................HB 862 Public employment; veterans' preference.....................................................................HB 1273 Public information services and materials; user fees..................................................HB 1004 Public Officials Conduct and Lobbyist Disclosure Act; enact...................................HB 1125 Public records; certain resumes; not open to inspection............................................HB 1475 Public Service Commission; chairman; selection; terms...............................................HB 829 Smoking; amend provisions...............................................................................................HB 728 State agencies; certain services; fees to offset expenses - CA.....................................HR 896 State agencies; consulting services by retired employees...........................................HB 1165 State and political subdivisions; garnishments; charges for answering......................HB 384 State Board of Education; delegate certain powers to State
School Superintendent...................................................................................................HB 959 State budget; items affecting children; budget unit heads;
submit separate children, youth, and families budget............................................HB 1798 State employees; certain line-of-duty injuries; benefits.............................................HB 1979 State employees; family leave; provisions........................................................................SB 831 State employees health insurance; certain services; require coverage........................HB 872 State employees health insurance plan; elective abortions;
prohibit coverage...........................................................................................................HB 1665 State employees in high-risk jobs; drug testing..............................................................SB 459 State employees insurance and benefits plans; certain service
centers; inclusion.............................................................................................................HB 883 State employees; two breaks per 8-hour shift.................................................................SB 558 State government; budget unit funds; prohibitions....................................................HB 1239 State government; contract with retired employees; time limit...................................SB 541 State officers and employees; political activities; authorization ....................................SB 23 State Properties Commission; acquisitions; reports; budget estimates.......................SB 638 Student loans in default; prohibit state employment.................................................HB 1343 Technical and adult education; federal assistance;
notification exemption.................................................................................................HB 1701 Truthful reports from certain persons; privileged communications............................SB 285 Vacancies in office; appointments....................................................................................HB 235 Veterans' employment preference; certain National Guard members........................SB 552
PUBLIC PROPERTY Acquisition by state; reduced ad valorem tax liability.................................................HB 435 Advisory Committee on Rural Development; membership........................................HB 1233 Alcoholic beverage sales; publicly owned facilities; nondrinking area .....................HB 1906 Baldwin County; convey property.....................................................................................SR 364 Baldwin County; grant easement......................................................................................SR 377 Bibb County; convey property ..........................................................................................SR 474 Certain counties; convey property....................................................................................SR 407 Cities of Athens, Macon, Moultrie, Thomasville, and Tifton; convey property...............................................................................................................HR 778 Clarke County; convey property.......................................................................................HR 939 Clarke County; grant easement........................................................................................HR 829 Cobb County; convey property..........................................................................................SR 369 Colquitt County; annex state property into City of Moultrie...................................HR 1017 Colquitt County; grant easement......................................................................................SR 418 County real property; sale to highest bidder; provisions ...........................................HB 1675 Crisp County; grant easement...........................................................................................SR 417 Department of Georgia Buildings; create .....................................................................HB 2065
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6080
INDEX
PUBLIC PROPERTY (Continued) Fulton County; convey property.......................................................................................SR 414 Glynn County; change Colonel's Island to Vandiver Island .........................................SR 248
- Glynn County; convey property ........................................................................................SR 408 Glynn County; grant easement.........................................................................................HR 788 Gordon County; convey property.....................................................................................HR 716 Gordon County; convey property.....................................................................................HR 841 Hall County; annex property............................................................................................HR 645 Jimmy Autry Correctional Institution; designate..........................................................HR 734 Marinas; state owned marshland; delete certain prohibition....................................HB 1134 Milledgeville, City of; convey property............................................................................SR 363 Natural Resources Department; programs on public property; volunteer services..........................................................................................................HB 1387 Peach County; annexation of property into City of Byron..........................................HR 133 Pulaski County; grant easement; Richmond County; convey property .....................HR 966 Rabun County; grant easement.........................................................................................SR 379 Regional development centers; ratify certain transfer....................................................HR 79 Rockdale County; convey property..................................................................................HR 647 State Arboretum of Georgia; designate Thompson Mills forest of University of Georgia................................................................................................HR 225 State Properties Commission; acquisitions; reports; budget estimates.......................SB 638 State property; certain conveyances; repeal Acts authorizing......................................SR 375 State property; lease or rental approval; State Properties Commission....................HB 418 Stewart County; grant easement; Berrien County; exchange property; Lowndes County; investigate claim of disputed property .......................SR 381 Tattnall County; grant easement.....................................................................................HR 831 Toombs County; grant easement......................................................................................SR 380 Transportation projects; private entity contracts; authorize .....................................HB 1081 Walter F. George Tribute Commission; create ..............................................................HR 881 Whitfield County; grant easement....................................................................................SR 378 Wilcox County; grant easement........................................................................................HR 787
PUBLIC RECORDS Certain computerized index; requirements...................................................................HB 1378 Certain resumes; not open to inspection.......................................................................HB 1475 Exhibits given as evidence in trials; prohibit inspection............................................HB 1591 GeorgiaNet Authority; publication and sale of Georgia Register ................................SB 379 Insurance Commissioner; financial regulatory capabilities; powers..........................HB 1344 Open meetings and open records; amend provisions.....................................................SB 604 Probate courts; consolidation of records; automation...................................................HB 529 Prohibit certain access; Community Education and Development Act; repeal ................................................................................................SB 588 Public information services and materials; user fees..................................................HB 1004 State government; special meetings; notice..................................................................HB 1224
PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Controlled substances or marijuana; misdemeanor possession conviction; driver's license suspension .........................................................................SB 290 Domestic violence; specialized training for peace officers............................................HB 444 Driver's license examiners; deputy registrars; certain voter registration.......................................................................................................................HB 206 Driver's license examiners; deputy registrars; certain voter registration.......................................................................................................................HB 473 Driver's license suspension; change provisions and penalties.......................................SB 274 Driver's license suspension; payment of fines.................................................................SB 191 Driver's license suspension; reinstatement.....................................................................HB 840 Firearms; regulation by state; exclusions........................................................................HB 375
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INDEX
6081
PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) (Continued) Georgia Certified Fire Investigators Act; enact.............................................................HB 969 ^Juries; furnish certain list...................................................................................................HB 21 Law enforcement officers; certain speeds; use blue light and siren ...........................HB 751 Law enforcement officers; complaints against; establish criteria................................HB 854 Mandatory retirement age; certain employees.............................................................HB 1810 Merit system; certain personnel; unclassified service......................................................SB 17 Motor vehicle convictions; electronic reporting...........................................................HB 1121 Motor vehicle insurance; new policy reports..................................................................HB 645 Motor vehicle insurance; notice of cancellation.............................................................HB 352 Peace officers; basic training course; completion ..........................................................HB 631 Safety belts; failure to use; penalty...................................................................................HB 13 State Patrol Disciplinary Board; abolish......................................................................HB 1530 Use of equipment by uniformed personnel.....................................................................SB 493
PUBLIC SCHOOL EMPLOYEES Certain employees; deferred compensation..................................................................HB 1176 Certain officials and employees; serve as substitute teachers.....................................HB 625 Certified personnel; grievance procedures....................................................................HB 1812 Education; department personnel; salary limit..............................................................HB 817 Personnel; payroll deduction; authorization....................................................................SB 591 Professional school personnel; certification; waive certain fees ..................................HB 391 Professional Standards Commission; amend provisions................................................SB 777 Public retirement systems; temporary disability; creditable service..........................HB 734 Quality basic education; midterm adjustment; program adjustment.........................HB 393 Retirement; disabled; reduce years..................................................................................HB 633 Retirement: eligibility......................................................................................................HB 1230 School closing; certain conditions; certain personnel authorized to leave .........................................................................................................HB 453 School personnel; sick leave; personal and professional use........................................HB 851 Teachers and public school employees; health insurance; amend provisions.............................................................................................................SB 190 Teachers and substitute teachers; daily planning period.............................................HB 372 Teachers; duty-free lunch periods....................................................................................HB 373 Teachers Retirement; certain contributions...................................................................HB 912
PUBLIC UTILITIES AND TRANSPORTATION Abandoned railroad property; acquisition provisions.................................................HB 1689 Aliens; prohibit ownership of public utilities...................................................................HB 12 Cellular phone service; state regulation; urge Public Service Commission study...........................................................................................HR 1168 Common carriers; repeal presumption of negligence..................................................HB 1470 Consumers' utility counsel; change automatic repeal...................................................HB 262 Counties and municipalities; airport outside boundary; Transportation Board approval....................................................................................HB 848 Electric membership corporations; cable television; own and service systems.....................................^..........................................................................KB 892 Electric membership corporations; urge study by Public Services and Utilities Subcommittee..........................................................................................HR 471 Electricity Generating Plant Condemnation Review Board; create...........................HB 898 Emergency Telephone Number 911; amend provisions..............................................HB 1142 Emergency 911 service; monthly charge; local governments impose..........................HB 795 Emergency 911 systems; advisory board; local governments create.........................HB 1583 Gasoline or diesel fuel pump nozzles; safety devices .....................................................SB 609 Gasoline; products containing alcohol; label..................................................................HB 564 Georgia Community Antenna Television (CATV) Authority; create.......................HB 1037 Georgia Rail Passenger Authority; members; terms ............................;........................HB 850
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6082
INDEX
PUBLIC UTILITIES AND TRANSPORTATION (Continued) High-voltage Safety Act; amend provisions..................................................................HB 1663 Joint Comprehensive Transportation Plan for Georgia Study Committee; create.............................................................................................................HR 14 Landlord and tenant; utilities; repeal certain provisions...........................................HB 1557 Limousine carriers; Public Service Commission regulate...........................................HB 1282 Monorail people mover for the Buckhead area; urge United States funding for study............................................................................................................HR 597 Motor common carrier; Public Service Commission license plate; requirement......................................................................................................................HB 382 Motor vehicles and transportation; define certain van .................................................SB 729 Municipal authority; payment of utility bills; certain municipalities......................HB 1242 Municipal Gas Authority; membership; amend provisions...........................................SB 720 Natural gas; certain retail sales; not under jurisdiction of Public Service Commission ....................................................................................HB 1633 Occupation taxes; utility services; county license..........................................................HB 629 Older Georgians' and Handicapped Transportation Task Force; create...................HR 457 Operating property; return for taxation........................................................................HB 1671 Public Service Commission; authority over area codes..............................................HB 1544 Public Service Commission; chairman; selection; terms...............................................HB 829 Public Service Commission; corporate fee assessments..............................................HB 1148 Public Service Commission decisions; judicial review; amend provisions..........................................................................................................HB 1939 Public Service Commission; governor appoint members - CA....................................HR 332 Public Service Commission; household goods carrier; regulate.................................HB 1539 Public Service Commission; limousine carriers; regulate...........................................HB 1031 Public Service Commission; provide sixteen-mile toll free telephone calling; Distance Learning and Telemedicine Act; enact........................SB 144 Public Service Commission; special fees; method of calculating.................................HB 901 Public works contracts; retainage; interest; investment; payment ..............................SB 631 Radio common carriers; termination of service...........................................................HB 1624 Railroad bridges; certain conditions; removal................................................................HB 778 Railroads; interfering with communication or signal wires; define offense ................................................................................................................HB 1546 Regional surface and air transportation authorities; create.........................................HB 919 Residential utility service; deposit requirements...........................................................HB 367 Road tax on motor carriers; define motor vehicles.....................................................HB 1307 Rural telephone cooperatives; powers within certain cities; population classification...................................................................................HB 1694 Sales and use tax; industrial materials exempt; exclude electricity...........................HB 337 Surface Transportation Efficiency Act of 1991; express support........................... HR 69EX Surface Transportation Reauthorization Act; urge United States passage..................SR 98 Telephone record information disclosure; prohibitions.................................................SB 297 Telephones; advertising or solicitation calls; block access.........................................HB 2185 Telephones; county-wide local calling; certain exemption.........................................HB 1422 Telephones; new area codes; prohibit splitting counties............................................HB 1643 Tennessee Valley Authority; payments; change apportioning method....................HB 1034 Transit tokens, cards, coins, or similar articles; alterations; prohibitions...............................................................................................HB 1471 Transportation Board member; removal for cause; filling vacancy.............................SB 656 Transportation Trust Fund; create - CA.........................................................................SR 477 Water and sewer systems; materials sold by county; requirements.........................HB 1255
PUBLICATIONS Ad valorem tax; millage rate; requirement.....................................................................HB 250
Advertising; debt relief; include term bankruptcy.........................................................SB 582 Alcoholic beverages; advertising prohibition; exceptions ...........................................HB 1184
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INDEX
6083
PUBLICATIONS (Continued) Civil practice; service of process by publication; certain requirements ....................................................................................................HB 1088 -County property tax assessments; advertising provision; repeal...............................HB 1160 Deceptive practices; certain use of local telephone number by nonlocal business; prohibit....................................................................................HB 1314 Driving under the influence; publication of conviction notice; payment.............................................................................................................HB 1683 Executive branch publications; use of officials' names; prohibitions.......................HB 1647 False advertising; legal services; prohibitions...............................................................HB 1860 Georgia Laws and Senate and House Journals; selling price.......................................SB 791 GeorgiaNet Authority; publication and sale of Georgia Register................................SB 379 Judicial sales; legal advertising; official organ provisions..........................................HB 1545 Local bills; intention to introduce; notice to governing authority..............................HB 565 Multiyear contracts; certain data; publication.............................................................HB 1811 Newspaper; official county organ; certain requirement.................................................SB 515 Newspapers and newsprint; prohibit in landfills.........................................................HB 2184 Nonresident landlords; service of complaints ..............................................................HB 1270 Publishing names of victims of crimes; urge restraint by news media......................HR 717 Sales advertisements; availability disclaimer; type size..............................................HB 1556 Waste management; recycled content newsprint.............................................................HB 95
PUGLISE, SERGEANT MICHAEL J.; commend.................................................HR 34EX
PULASKI COUNTY Board of education; districts...........................................................................................HB 1948 Grant easement...................................................................................................................HR 966
PUTNAM COUNTY Board of commissioners; compensation...........................................................................HB 952 Board of commissioners; districts.....................................................................................SB 706 Board of education; districts..............................................................................................SB 707 Commissioners' compensation; repeal Act providing..................................................HB 1725 Sheriff; compensation .........................................................................................................SB 691 State court; officials and employees; compensation.......................................................SB 343 Tax commissioner; compensation......................................................................................SB 692
Q
QUITMAN, CITY OF Compensation of certain officials; repeal; population figures....................................HB 1946 Compensation of certain officials; repeal; population figures....................................HB 2001 Compensation of certain officials; repeal; population figures.......................................SB 758
R
RABUN COUNTY Clayton-Rabun County Water and Sewer Authority; create.....................................HB 1623 Economic Development Authority; create....................................................................HB 1707 Grant easement....................................................................................................................SR 379
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6084
INDEX
RABUN COUNTY (Continued) Homestead exemption; age 65........................................................................................HB 1849 Sheriff; compensation.........................................................................................................HB 828
RACETRACKS Dog racing; authorize pari-mutuel wagering.....................................................................HB 54 Dog racing; provide for pari-mutuel wagering - CA........................................................HR 26 Equine activities; immunity from liability for certain persons....................................SB 287 Horse racing; authorize pari-mutuel wagering.................................................................HB 55 Horse racing; provide for pari-mutuel wagering - CA....................................................HR 22 Humane Care for Equines Act; enact............................................................................HB 1265 Humane Care for Equines Act; enact; certain agricultural, farm, and crop definitions..............................................................................................SB 520 Pari-mutuel racetracks and wagering; authorize ...........................................................HB 777
RADAR Detectors; prohibit............................................................................................................HB 1143 Law enforcement agency; repeal certain requirements .................................................SB 779 Motor vehicles; amend provisions.....................................................................................SB 505 Motor vehicles; speed detection devices on hills; delete certain prohibition...........................................................................................................SB 550 Restrictions; certain counties or municipalities.............................................................HB 535 Speed detection devices; certain conditions; prohibit permit....................................HB 1813
RADIO Alcoholic beverages; advertising prohibition; exceptions ...........................................HB 1184 Amateur radio operators; antennae installation; restrictive covenants....................HB 1713 Common carriers; termination of service......................................................................HB 1624 False advertising; legal services; prohibitions...............................................................HB 1860 Publishing names of victims of crimes; urge restraint by news media......................HR 717
RAILROADS Abandoned railroad property; acquisition provisions.................................................HB 1689 Abandoned rights of way; convert to trails.......................................................................SR 25 Georgia Rail Passenger Authority; members; terms .....................................................HB 850 Grade crossing elimination costs.......................................................................................SB 286 Interfering with communication or signal wires; define offense ...............................HB 1546 Monorail people mover for the Buckhead area; urge United States funding for study............................................................................................................HR 597 Railroad bridges; certain conditions; removal................................................................HB 778
RANDOLPH-CLAY HIGH SCHOOL GIRLS' BASKETBALL TEAM; commend ............................................................................................................HR 1095
RANDOLPH COUNTY; commissioners; compensation ............................................HB 1108
RAWLINGS, HONORABLE MARY HARDWICK; commend..............................HR 952
REAL ESTATE (Also, see Property) Ad valorem tax; transfer tax; filing .................................................................................HB 466 Appraisers; classification; exemptions ..............................................................................SB 536 Appraisers; classification; exemptions ..............................................................................SB 613 Appraisers; licensing; certain exemption.......................................................................HB 1289 Brokers and salespersons; interest-bearing trust accounts ........................................HB 1002 Certain lease agreements; discharge of sales and use tax............................................HB 431 Landmark historic property; include residential real property .................................HB 2006 Mechanics' and materialmen's liens; suppliers of rental equipment for improvement of real estate; provisions.................................................................HB 628 Real Estate Commission; terms of office ........................................................................HB 430 Real property; acquisition by transfer; tax return ......................................................HB 1561
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INDEX
6085
REAL ESTATE (Also, see Property) (Continued) Transfer tax; exempt foreclosure sale............................................................................HB 1464 Trust or escrow accounts; federally insured.................................................................HB 1283
REAPPORTIONMENT Commend office staff.....................................................................................................HR 76EX Congressional districts...................................................................................................HB 23EX Congressional districts...................................................................................................HB 25EX Congressional districts ...................................................................................................HB 33EX Congressional districts...................................................................................................HB 35EX Congressional districts.....................................................................................................HB 1404 Congressional districts.....................................................................................................HB 1525 Congressional districts .....................................................................................................HB 1657 Congressional districts......................................................................................................SB 2EX Congressional districts........................................................................................................SB 705 Georgia Geographic Information System Study Committee; create...........................HR 183 House of Representatives................................................................................................HB SEX House of Representatives................................................................................................HB 1337 House of Representatives................................................................................................HB 1340 House of Representatives................................................................................................HB 1407 House of Representatives; districts 102, 132, 133, 135, 136..........................................SB 174 Relative to statistically adjusted census population figures ....................................HR 89EX Senate.................................................................................................................................HB 1406 Senate..................................................................................................................................SB 1EX Senate....................................................................................................................................SB 566 Senate....................................................................................................................................SB 567 Voting Rights Act of 1965; urge Congress apply provisions to every state.................................................................................................................HR 1085
RECREATION Bicycle and pedestrian facilities; Transportation Department request funds from Federal Highway Administration ............................................HB 1036 Children's baseball; urge adoption of stronger safety measures.................................HR 680 House Study Committee on Physical Fitness and Amateur Sports; create..............HR 540 Nonprofit food sales and service; county or city permits; requirements; prohibitions.............................................................................................SB 460 Therapeutic Recreation Licensing Act; enact.................................................................SB 464
REDEVELOPMENT (See Buildings and Housing)
REDDICK, GEORGE; commend.....................................................................................HR 792
REINHARDT COLLEGE PARKWAY; designate.....................................................HR 790
RELIGION Chaplain; create position in classified service of merit system....................................SB 471 Correctional institutions; employ full-time chaplain.....................................................SB 503 Prayer in public schools; urge legislation by Congress to allow................................HR 1169 Proprietary schools specializing in religious instruction; exemption..........................HB 225 Quality basic education; pregame program by student council; local boards allow before football games...................................................................HB 2084 Sales tax exemption; certain purchases for charitable purposes.................................HB 365
RENFROE, OTHELLO "CHICO"; condolences..........................................................HR 761
REPUBLIC OF GEORGIA AND MAYA VACHTANGADZE; recognize........HR 1222
RESTAURANTS; smoking prohibitions .........................................................................HB 432
RETIREMENT AND PENSIONS Appeals Court Judges and Supreme Court Justices; certain retirement benefits; delete provisions.............................................................................................HB 479
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6086
INDEX
RETIREMENT AND PENSIONS (Continued) Certain retirement systems; reestablishing creditable service.......................................HB 39 Code; corrections.........,.....................................................................................................HB 1234
~ Department of Public Safety; amend provisions..............................................................SB 74 District Attorneys Retirement; district attorneys emeritus; spousal benefits...............................................................................................................HB 551 District Attorneys Retirement; membership..................................................................HB 184 Employees' Retirement; certain attorneys and employees; membership...................HB 742 Employees' Retirement; certain Center for Disease Control service credit....................................................................................................................HB 913 Employees' Retirement; certain day laborers; service credit.......................................HB 936 Employees' Retirement; certain district attorney employees......................................HB 270 Employees' Retirement; certain judicial employees; membership..............................HB 588 Employees' Retirement; certain judicial employees; service credit.............................SB 445 Employees' Retirement; certain law enforcement officers; contributions..................HB 452 Employees' Retirement; certain military service credit................................................HB 421 Employees' Retirement; certain out-of-state service credit.........................................HB 715 Employees' Retirement; certain part-time employment; service credit....................................................................................................................HB 972 Employees' Retirement; death of spouse; new spouse's benefit..................................HB 394 Employees' Retirement; death of spouse; new spouse's benefit...................................SB 166 Employees' Retirement; disability beneficiaries; income limitations...........................HB 38 Employees' Retirement; GeorgiaNet Authority employees; membership..................HB 203 Employees' Retirement; new agencies; membership.......................................................HB 41 Employees' Retirement; reemployment penalties; over 1040 hours ...........................HB 309 Employees' Retirement; 32 years service........................................................................HB 138 Employees' Retirement; transfer service to Teachers Retirement System ...............HB 717 Employees' Retirement; Vietnam service credit............................................................HB 865 Employees' Retirement; Vietnam service credit............................................................HB 924 Firemen's Pension; certain insurance premium tax....................................................HB 1796 Firemen's Pension; certain members; creditable service..............................................HB 634 Firemen's Pension; continued membership; certain persons.......................................HB 711 Firemen's Pension; repeal certain exemptions.............................................................HB 1593 Firemen's Pension; spouse's benefits; provisions...........................................................HB 635 Georgia Defined Contribution Plan; create..................................................................HB 1596 Homestead exemption; retirement community homestead........................................HB 1632 Income tax; nonrecognition of gain; certain withholding provisions........................HB 1739 Income tax; special withholding requirements.............................................................HB 1304 Judges; former district attorneys; retain membership in District Attorneys' Retirement System.......................................................................HB 801 Judges of the Probate Courts Retirement; amend provisions........................................SB 60
Judges of the Probate Courts Retirement; board of commissioners; employees................................................................................................SB 61
Judges of the Probate Courts Retirement; certain members; retire at age 55 .................................................................................................................SB 337
Judges of the Probate Courts Retirement; cost-of-living benefits.................................SB 47 Legislative Retirement; increase allowance....................................................................HB 552 Legislative Retirement; monthly service allowance.......................................................HB 710 Legislative Retirement; return to service; less than 1040 hours.................................HB 310 Mandatory retirement age; certain Public Safety and GBI employees...................HB 1810 Municipal Employees Benefit; local authorities; participation.................................HB 1229
Peace Officers' Annuity and Benefit; certain officers; membership............................SB 341
Peace Officers' Annuity and Benefit; creditable service ...............................................SB 122
Peace Officers' Annuity and Benefit; felony conviction; rights...................................HB 580
Probation system employees in certain counties; membership in local system; change population figure....................................................................SB 795
Public retirement systems; temporary disability; creditable service..........................HB 734
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INDEX
6087
RETIREMENT AND PENSIONS (Continued) Public School Employees Retirement; disabled; reduce years ....................................HB 633 Public School Employees Retirement; eligibility.........................................................HB 1230 Retirement funds; prohibit investments in institutions with outstanding loans to South Africa...............................................................................HB 156 Sheriffs' Retirement; certain members; prior service credit........................................HB 501 State agencies; consulting services by retired employees...........................................HB 1165 State government; contract with retired employees; time limit...................................SB 541 Superior court clerks; retirement fund payments in certain counties; change population figure ...............................................................................SB 798 Superior Court Judges Retirement; service credit........................................................HB 183 Superior Court Judges Retirement; service credit .........................................................SB 149 Superior court reporters emeritus; senior court reporter.............................................HB 839 Taxable net income; exclusion for certain retirement income ..................................HB 1000 Taxable net income; increase exclusion ..........................................................................HB 779 Teachers Retirement; allowances; change.......................................................................HB 641 Teachers Retirement; attendance officers; membership...............................................HB 353 Teachers Retirement; certain employees of the Professional Practices Commission ....................................................................................................HB 265 Teachers Retirement; certain public school employees; contributions......................HB 912 Teachers Retirement; creditable service; Employees' Retirement System..................HB 37 Teachers Retirement; creditable service; pregnancy leave...........................................HB 216 Teachers Retirement; disability; effective date .............................................................HB 311 Teachers Retirement; early retirement; 30 years ...........................................................SB 108 Teachers Retirement; eligibility provisions; amend....................................................HB 1754 Teachers Retirement; postretirement benefit adjustment.............................................HB 81 Teachers Retirement; reestablishing creditable service................................................HB 346 Teachers Retirement; reestablishment of service........................................................HB 1594 Teachers Retirement; retire at 25 years or age 55...........................................................SB 92 Teachers Retirement; spousal option; revoke upon death of spouse........................HB 1753 Teachers Retirement; unused sick leave; creditable service........................................HB 392 Trial Judges and Solicitors Retirement; certain members over 70; failure to retire..................................................................................................SB 529 Trial Judges and Solicitors Retirement; county supplement .......................................SB 546 Trial Judges and Solicitors Retirement; senior judges or district attorneys emeritus; appointment; powers................................................HB 900
REVENUE (See Taxation and Revenue)
REVENUE BONDS Certain business loans; authorize guaranteed revenue debt - CA..............................HR 385 Certain educational facilities; authorize guaranteed revenue debt - CA...................HR 384 Georgia Airport Development Authority Law; enact....................................................HB 525 Georgia Community Antenna Television (CATV) Authority; create .......................HB 1037 Housing authorities; investments; change provisions..................................................HB 1067 Revenue Bond Law; undertaking; change definition....................................................HB 638 Services provided or made available; amend provisions.............................................HB 1750
REX ANGELS GIRLS' SOFTBALL TEAM; commend......................................HR 25EX
RICEBORO, CITY OF; new charter.............................................................................HB 1506
RICH, WYATT; commend.................................................................................................HR 855
RICHMOND COUNTY Ad valorem tax; payments; population brackets ............................................................SB 633 Appointment of jury clerk; population bracket..............................................................SB 683 Augusta Judicial Circuit; payment of fines directly from state probation office..........................................................................................HB 2174
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6088
INDEX
RICHMOND COUNTY (Continued) Augusta-Richmond County Commission-Council; districts.......................................HB 1838 Board of commissioners; chairperson............................................................................HB 2093
- Board of commissioners; districts..................................................................................HB 2069 Board of education; amend provisions.............................................................................SB 818 Board of education; contracts and bids; amend provisions ..........................................SB 819 Board of education; reapportion districts........................................................................SB 848 Board of elections; population bracket ............................................................................SB 682 Certain officials; compensation.......................................................................................HB 2070 Civil and magistrate court; judge emeritus.....................................................................HB 914 Convey property..................................................................................................................HR 966 Department of Family and Children Services; commend........................................HR 44EX Municipal elections; population bracket..........................................................................SB 684
RIDGEWAY, DAVID P.; commend............................................................................HR 56EX
RILEY C. THURMOND BRIDGE; designate.............................................................HR 839
RINGGOLD TELEPHONE COMPANY; commend...............................................HR 1047
RIVERS AND LAKES Aquatic Weed Control Act; enact..................................................................................HB 1552 Boat docks on state owned lakes in state parks; urge study by Department of Natural Resources........................................................................HR 1243 Boat Safety Act; amend provisions..................................................................................HB 707 Boats and personal watercraft; regulate operation.........................................................SB 474 Combined sewer overflow; sewage overflow treatment; compliance date................HB 1634 Counties and municipalities; certain lake property; disposition...............................HB 1667 Eminent domain; condemned property; environmental compliance ........................HB 1677 Fishing; amend provisions...............................................................................................HB 1324 Game and fish; amend fee provisions; registration of vessels; increase fees.....................................................................................................HB 1392 Game and fish; catch-out pond; definition and provisions........................................HB 1947 Georgia Commission on Economic Conversion; create...............................................HB 2183 Georgia Ports Authority; membership .............................................................................SB 679 Georgia Safe Dams Act; certain orders; filing requirements ........................................SB 522 Governor's Ground-water Advisory Council; create; protected fresh waters; prohibit certain vessels............................................................................SB 618 House Committee to Study Check Dams for the Satilla, Altamaha, Ocmulgee, Oconee, Flint, and Alapaha Rivers; create............................................HR 1107 Marinas; state owned marshland; delete certain prohibition....................................HB 1134 Mountain and river protection; single-family dwelling; certain exception...........................................................................................................HB 1516 Personal watercraft; definition and provisions ............................................................HB 1323 Protection of Tidewaters Act and Right of Passage Act; enact................................HB 1390 River basin management plans; development; approval...............................................SB 637 Savannah River; Department of Energy site; new production reactor; support...........................................................................................................HR HEX Savannah River nuclear plant; relative to..................................................................HR 53EX Savannah River Site; decontaminate and restore area; oppose restart of "K" nuclear reactor; urge Congress..............................................HR 860 Soil erosion control; buffer zone around stream banks................................................HB 765 Solid waste facility; prohibit near certain Georgia lakes..............................................HB 784 Trout waters without seasons; add certain streams.......................................................SB 672 Upper Savannah River Development Authority; amend provisions.........................HB 1767 Vegetative barrier along stream banks; variances by certain entities......................HB 1274 Water quality; limits on phosphorus discharged into Chattahoochee River.......................................................................................................SB 381 Water safety programs; urge school systems adopt....................................................HR SEX
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INDEX
6089
RIVERS, HONORABLE ROBERT E., JR. Oath of office ........................................................................................................................Page 4 Recognize; express approval of appointment as Clerk of House ................................HR 643
RIVES, HONORABLE HAL Commend.........................................................................................................................HR 32EX Commend on behalf of Augusta/Richmond County House delegation..................HR 80EX
ROBERT B. NETT MEDAL OF HONOR HIGHWAY; designate........................SR 485
ROBERTS, CLARA CAMP; condolences......................................................................HR 767
ROBERTS, DANIEL AND ELAINE MANGHAM; commend..............................HR 919
ROBINSON, CATHERINE; commend..........................................................................HR 693
ROBINSON, CHRISTOPHER JAMES; commend.................................................HR 1207
ROCKDALE COUNTY Board of elections and registration; create...................................................................HB 1053 Board of registrations and elections; repeal Act..........................................................HB 1006 Convey property..................................................................................................................HR 647 Homestead exemption; age 65 or disabled...................................................................HB 1479 Recreational Authority; create........................................................................................HB 1052
ROCKDALE JUDICIAL CIRCUIT; add judge..........................................................SB 127
ROME, CITY OF Homestead exemption; certain residents......................................................................HB 2123 Rome-Floyd County Commission on Children and Youth; membership.................HB 1928
ROOSEVELT CIRCLE REVITALIZATION PROGRAM; commend .................SR 481
ROSWELL, CITY OF; corporate limits...........................................................................SB 457
ROYAL, D. C.; condolences..............................................................................................HR 1256
ROYSTON, CITY OF; new charter..................................................................................SB 825
RUSHING, WILLIAM ROBERT; condolences.........................................................HR 1180
RUTLEDGE, CITY OF; new charter............................................................................HB 2102
SABOOR, LONNIE ABDUL; commend.....................................................................HR 1261
SALES AND USE TAX Aircraft; definition and exemption ..................................................................................HB 627 Amusement machines; exemption; licensing provisions .............................................HB 1256 Bulk curing tobacco barns; exemption ..........................................................................HB 1484 Certain lease agreements; discharge ................................................................................HB 431 Certain tax payments; electronic funds transfer .........................................................HB 1395 Contractors; sales tax on execution of subcontracts; bond ..........................................HB 336 Educational purposes; General Assembly authorize by law - CA...............................HR 672 Education funding; repeal ad valorem tax; impose 3% sales tax - CA .....................HR 655 Eliminate reimbursement to dealers..............................................................................HB 1271 Exemption; certain materials; manufacturing granite................................................HB 1018 Exemption; certain purchases for charitable purposes.................................................HB 365
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6090
INDEX
SALES AND USE TAX (Continued) Exemption; certain sales by schools ................................................................................HB 234 Exemption; durable medical equipment and prosthetic devices; certain purchases............................................................................................................HB 332 Exemption; food..................................................................................................................HB 401 Exemption; food and telephone service ..........................................................................HB 154 Exemption; food consumed off premises........................................................................HB 105 Exemption; food consumed off premises - CA.................................................................HR 10 Exemption; industrial materials; electricity excluded...................................................HB 337 Exemption; school fund-raisers ......................................................................................HB 1155 Exemption; school fund-raisers - CA...............................................................................HR 674 Exemption; solar or electric powered vehicles.............................................................HB 1551 Farm equipment repair; exempt from definitions.......................................................HB 1419 Freeport tax exemption; continue....................................................................................HB 632 Herty Foundation; tax exemptions..................................................................................HB 312 Limit reimbursement to dealers.....................................................................................HB 1146 Local option sales tax; repeal certain prohibition; local income tax; referendum...............................................................................................HB 1300 Local option tax; time for election...................................................................................HB 198 Local sales and use taxes; limitation; exclude MARTA.............................................HB 1851 New motor vehicles; certain exemption........................................................................HB 1147 One percent special sales tax; education purposes - CA..............................................HR 108 One percent special sales tax; education purposes - CA..............................................HR 134 One percent special sales tax; education purposes - CA..............................................HR 158 One percent special sales tax; education purposes - CA..............................................HR 159 One percent special sales tax; education purposes - CA...............................................SR 159 Referendum time period; freeport exemption; local option sales tax ......................HB 1243 Retail sales definitions; add lottery tickets..................................................................HB 1235 Retail sales definitions; certain exclusion.....................................................................HB 1250 Special one percent sales tax; imposition; time limit.................................................HB 1674 Special purpose county sales tax; projects; add beach renourishment.......................HB 622 Special purpose county sales tax; projects other than roads, streets, and bridges.........................................................................................................HB 598 Special purpose sales tax; county and school district project.......................................HB 76 Special purpose sales tax for educational purposes; General Assembly authorize by law - CA.................................................................HR 1009 Special sales and use taxes; one-third proceeds for education - CA........................HR 1186 State lottery; provisions...................................................................................................HB 1541
SALTER, BRIAN; commend ..........................................................................................HR 4EX
SAMUEL FRANK MORAST, JR., HIGHWAY; designate.....................................HR 653
SANDERS, MARY E.; commend.....................................................................................HR 664
SANDY SPRINGS, CITY OF Incorporate...........................................................................................................................HB 246 Incorporate..............................................................................................................................SB 90
SAUL, HARRY; commend.................................................................................................HR 719
SAVAGE, ANGELISA; commend .................................................................................HR 1013
SAVANNAH, CITY OF Certain property conveyance; repeal Act authorizing....................................................SR 375 Corporate limits................................................................................................................HB 1315 Savannah-Chatham County Certified Literate Community Program; commend ..HR 1028 Savannah, City of and Chatham County; education districts......................................SB 763 Savannah Development and Renewal Authority; create............................................HB 2077 Savannah Saint Patrick's Day Parade and Festivities; invite the Grand Marshal, General Chairman, and aids to House....................................HR 993
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INDEX
6091
SAVANNAH CONCRETE, INC., WILL D. HERRIN, PRESIDENT Compensate..........................................................................................................................HR 651
SAVANNAH FOODS AND INDUSTRIES, INC.; commend..............................HR 1202
SCHOLES, MAJOR GENERAL EDISON E.; commend ....................................HR 63EX
SCHOOLS (Also, see Education) Age range per grade ...........................................................................................................HB 142 Buses; amend provisions.....................................................................................................SB 505 Buses; seat belts; urge Department of Education to study .........................................HR 567 Buses; strobe lights; provisions.......................................................................................HB 1974 Buses transporting kindergarteners; provide seat belts................................................HB 937 Buses transporting kindergarteners; provide seat belts..............................................HB 1205 Capital outlay funds; school construction; base size...................................................HB 1793 Certain competitive sports for female athletes; urge Department of Education to offer................................................................................,........................HR 1016 Certain employees; deferred compensation..................................................................HB 1176 Certain materials and instruction; prohibit..................................................................HB 1703 Certain materials or instructional methods; urge Education Department not use........................................................................................................HR 842 Certain students; activities outside academic day; provisions...................................HB 1681 Closing; certain conditions; certain personnel authorized to leave.............................HB 453 Comprehensive evaluation; exemption .............................................................................SB 484 Compulsory attendance; age...............................................................................................HB 71 Compulsory attendance; extend to age 18....................................................................HB 1975 Consolidation; opposition petitions...................................................................................SB 155 Corporal punishment............................................................................................................HB 18 Counterfeit substances within 1000 feet of school; felony............................................SB 676 Crimes; carrying deadly weapon at school or school function; penalty ...................HB 1755 Criminal justice; complaint forms; identification of student and name of school.......................................................................................................HB 1296 Education; college preparatory curriculum; sign language.........................................HB 1871 Education; local fair share funds; determination ...........................................................SB 514 Education; open communication between child and parents; prohibit interference by local systems.......................................................................HB 1761 Education; remedial programs; eligibility..........................................................................SB 32 Education; tuition equalization grants; approved schools..........................................HB 1287 Enrollment; social security number required..................................................................SB 507 Environmental Education Council; recycling awareness program............................HB 1412 Fund-raisers; sales tax exemption..................................................................................HB 1155 Fund-raisers; sales tax exemption - CA..........................................................................HR 674 High school credits; American sign language count as foreign language....................SB 757 High schools; laboratory courses; teacher-pupil ratio...................................................HB 512 Homicide by vehicle; failure to stop for school bus.......................................................SB 646 Homicide by vehicle; student entering or exiting school bus; penalty.....................HB 1726 Local school superintendents; qualifications................................................................HB 1489 Mandatory education; age requirement............................................................................HB 25 Motor vehicles; unlawful passing of school bus; penalties.........................................HB 2118 Multiyear leases; Community Education and Development Act; grants....................SB 587 No Pass/No Participate provisions; applicability...........................................................SB 622 No Pass/No Participate rule; not applicable; certain students .................................HB 1901 Pay-for-performance programs; capital outlay funds; sparsity systems; consolidation opposition .................................................................................SB 488 Prayer in public schools; urge legislation by Congress to allow................................HR 1169 Programs for children; other than school hours..........................................................HB 1356 Quality basic education; athletic activities; equal opportunity .................................HB 2105 Quality basic education; certain courses; amend provisions......................................HB 1837
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6092
INDEX
SCHOOLS (Also, see Education) (Continued) Quality basic education; certain funding provisions; temporary changes................HB 2EX Quality basic education; curriculum; sign language for deaf.....................................HB 1617
- Quality basic education; enrollment counts; funding calculation ................................SB 784 Quality basic education; media center computer hardware and software; funds.........................................................................................................SB 571 Quality basic education; pregame program by student council; local boards allow before football games...................................................................HB 2084 Quality basic education; Youth Apprenticeship Program; eligibility.......................HB 1931 Remedial education program; include grades six through eight.................................HB 523 Remedial programs; eligibility.............................................................................................SB 32 Sales tax; certain sales by schools; exemption...............................................................HB 234 Smoking prohibitions on school buses and property....................................................HB 275 Social values instruction; urge implementation of policy adopted by State Board of Education.........................................................................HR 781 State agencies and schools; include term "multiracial" on forms requesting racial identification........................................................................HB 1295 Student attend where parent employed...........................................................................SB 533 Students and possessions; authorized searches on school property..........................HB 1992 Students; certain school-sponsored activities; eligibility..............................................HB 768 Superintendents; change applicable provisions; county to local; additional powers of local boards ...............................................................HB 1490 Uniform scale of grading...................................................................................................HB 370 Weapons or explosives; prohibit........................................................................................SB 563 Women's fastpitch softball programs in schools; urge athletic associations to offer.......................................................................................HR 1087
SCOOTERVILLE HIGHWAY; designate...................................................................HR 1010
SCOTT, DR. LINZY, JR.; commend............................................................................HR 1051
SCOTT, WILLIAM A., Ill; condolences......................................................................HR 1099
SEABEES MONTH IN GEORGIA; designate March...............................................HR 838
SEAT BELTS Child safety restraints; failure to use; increase penalty.............................................HB 1529 Child safety restraints; failure to use; penalty.............................................................HB 1258 Child safety restraints; failure to use; penalty.............................................................HB 1794 Failure to secure child; charge driver of vehicle..........................................................HB 1697 Failure to secure safety belt on minor; charge driver of vehicle...............................HB 1105 Failure to use; additional violations................................................................................HB 282 Failure to use; additional violations.................................................................................SB 395 Failure to use; penalty.........................................................................................................HB 13 School buses transporting kindergarteners; provide seat belts...................................HB 937 School buses transporting kindergarteners; provide seat belts .................................HB 1205 Seat belts on school buses; urge Department of Education to study.........................HR 567
SECRETARY OF STATE Candidates for public office; expenditures; limitations................................................HB 678 Certain elected officials; plurality of votes - CA.............................................................HR 38 Communications...................................................................Pages 6, 8, 140, 212, 220, 224, 955, 1436, 1742, 2297, 2841, 3108, 4197, 4604, 4606, 4618, 5002, 5876, 5907 Elections; certain petitions; one signature per card.........................................................SB 25 General Assembly candidates; residency qualifications; jurisdiction........................HB 1690 Georgia Laws and Senate and House Journals; selling price .......................................SB 791 Lobbying; registration of representatives of state agencies...........................................HB 20 Lobbying; registration of representatives of state agencies............................................SB 55
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INDEX
6093
SECRETARY OF STATE (Continued) Lobbyists; change registration from Secretary of State to State Ethics Commission...............................................................................................^ 704 -Public information services and materials; user fees..................................................HB 1004 Uniform Commercial Code; definitions; provisions.....................................................HB 1086 Voter registration cards; certain reimbursement to counties ....................................HB 1380
SECURITIES Corporations; treasury shares; preemptive rights........................................................HB 1932 Executors and trustees; certain investments; authorize.............................................HB 1821 Georgia Security for Public Deposits Act; enact.........................................................HB 1096 Income tax; special withholding requirements.............................................................HB 1304 Insurance; amend provisions...........................................................................................HB 1989 Insurance investments; Israeli securities; authorize....................................................HB 1326 Intangible tax; exempt stock in certain financial institutions...................................HB 1655 Uniform Commercial Code; revise...................................................................................HB 761
SELMAN, MILLICENT ANN; commend....................................................................HR 706
SEMINOLE COUNTY HIGH SCHOOL BASKETBALL TEAM; commend.............................................................................................................HR 1100
SENATE Air travel costs; reimbursement.....................................................................................HB 1311 Certain committees; subpoena powers ..............................................................................HB 59 Claims against state; introduction of resolutions.............................................................SB 16 Expense accounts; documentation...................................................................................HB 119 Filing of bills and resolutions when not in session; provisions.................................HB 1845 Former members; identification cards..............................................................................SB 220 Four-year terms - CA.........................................................................................................HR 861 Four-year terms; limit service - CA.................................................................................HR 872 Full-time officials; salary supplement...........................................................................HB 1043 Georgia Laws and Senate and House Journals; selling price .......................................SB 791 January and August sessions - CA...................................................................................HR 935 Joint Session; Governor's message...................................................................................HR 638 Joint Session; Governor's message...................................................................................HR 640 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges.............................................................................HR 639 Joint Session; message from Chief Justice of Supreme Court....................................HR 641 Joint Session; message from Robert Edward Turner III; invite Governor................HR 814 Legislators; create staggered terms; limit service - CA.................................................HR 671 Notify Governor; General Assembly convened...............................................................SR 360 Notify House; Senate convened......................................................................................SR 4EX Notify House; Senate convened ........................................................................................SR 346 Notify Senate; House convened .....................................................................................HR 1EX Notify Senate; House convened .......................................................................................HR 636 Reapportionment..............................................................................................................HB 1406 Reapportionment...............................................................................................................SB 1EX Reapportionment.................................................................................................................SB 566 Reapportionment.................................................................................................................SB 567 Recordation and transcription of sessions and certain committee meetings......................................................................................................HB 1806 Special residency requirements - CA...............................................................................HR 864 Standing committee chairmen; compensation..............................................................HB 1038 Transmittal of bills to Governor during session; veto messages; veto session - CA ............................................................................................................HR 598
SENOIA, CITY OF; mayor and councilmembers; terms...........................................SB 10EX
SENTENCING Amend provisions .............................................................................................................HB 1607
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6094
INDEX
SENTENCING (Continued) Criminal procedure; presentence hearing; victim impact statement ........................HB 1664 Criminal solicitation; increase penalty............................................................................HB 331
- Death penalty; murder committed with firearm .........................................................HB 1488 House Disparity in Sentencing and Sentencing Reform Study Committee; create...........................................................................................................HR 115 House Sentencing Guidelines Study Committee; create................................................HR 11 Motor vehicle theft; special alternative incarceration or boot camp...........................SB 350 Review panel; repeal certain provisions............................................................................HB 83 Theft by shoplifting; provision; clarification...................................................................SB 635 Victim impact statement....................................................................................................SB 644
SEVIER, NELSON A., JR.; condolences.....................................................................HR 1225
SEXUAL OFFENSES AIDS transmitting crimes; test and disclosure upon indictment................................HB 527 Childhood sexual abuse; definition; limitation of civil actions..................................HB 1968 Civil actions; sexual misconduct of psychotherapists; tolling of limitations.....................................................................................................HB 1716 Crimes against children; certain records; closed to public.........................................HB 1009 DNA data bank for sexual offenders; provisions............................................................SB 594 Enticing child for indecent purposes; penalties...........................................................HB 1185 Incest; limitation on prosecution........................................................................................HB 28 Liability insurance; psychotherapist and patient; prohibit certain exclusions..........................................................................................................HB 1714 Limitations on prosecution tolled for certain offenses; victim under age 16........................................................................................................HB 240 Offenses of fornication and adultery; repeal; define adultery.....................................HB 846 Sexual assault against persons under psychotherapeutic care; define offense.......................................................................................................HB 1523 Sodomy and aggravated sodomy; change description of offenses.................................HB 56 Sodomy, fornication, adultery; repeal certain provisions...........................................HB 1781 Sodomy; repeal certain provisions ...................................................................................HB 385 Therapeutic sexual battery; define offense...................................................................HB 1141
SHACKELFORD, MR. AND MRS. CHARLES W.; commend..........................HR 14EX
SHAKOOR, MS. OSHETHA; commend......................................................................HR 1098
"SHANNON INDUSTRY DAY" Brighton Plant of Galey and Lord; commend .............................................................HR 1156 Church Chair Industries, Inc.; commend......................................................................HR 1154 Dickey Seed Company, Inc.; commend.........................................................................HR 1158 Florida Tile Industries; commend..................................................................................HR 1150 Hopton Technologies, Incorporated; commend ...........................................................HR 1159 Katsushiro Rome Corporation; commend.....................................................................HR 1151 Marglen Industries, Inc.; commend...............................................................................HR 1153 Outside Carpets International; commend.....................................................................HR 1155 Rome Pepsi Cola; commend ...........................................................................................HR 1152 Scott Edwards, Inc.; commend.......................................................................................HR 1157
SHAW, DOROTHY; commend .......................................................................................HR 1230
SHERIFFS Child support receivers; collect court costs and service fees.....................................HB 1687 Child support receivers; collect court costs and service fees.....................................HB 1900 Civil actions; summons; service by mail........................................................................HB 1514 Constitutional county officers; compensation.................................................................SB 553 Criminal bonds; certain fees; sheriffs exempt.................................................................SB 246
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INDEX
6095
SHERIFFS (Continued) Depositions and other discovery material; filing certificate of service........................................................................................................HB 126 -Photographs or reproductions; right to make; fees........................................................SB 345 Qualifications; amend provisions....................................................................................HB 1613 Retirement fund; certain members; prior service credit...............................................HB 501 Tax execution; administration levy; attorney's fees.........................................................SB 56 Tax sale; right to redeem property; expiration............................................................HB 1095
SHERMAN, KATHERINE LEPAGE; commend.....................................................HR 1224
SHERROD, CHARLES MELVIN; commend............................................................HR 1232
SHERROD, DR. BILLIE J.; commend .........................................................................HR 809
SIMPSON, PHILLIP TODD; commend.......................................................................HR 968
SKELTON, DR. CHARLES BRYANT "RED"; commend....................................HR 1021
SKELTON, W. DOUGLAS, M.D.; commend.............................................................HR 1253
SKY VALLEY, CITY OF Council and mayor; amend provisions ..........................................................................HB 1898 Homestead exemption; increase.....................................................................................HB 2122
SLOSHEYE TRAIL BIG PIG JIG; barbecue contest; commend............................HR 941
SMITH, AMELIA; condolences........................................................................................HR 760
SMITH, FRED; Jonesboro Senior High School Principal; commend.........................HR 744
SMITH, HONORABLE GEORGE T.; invite to House..............................................HR 932
SMITH, REVEREND ROSWELL BENJAMIN, SR.; commend........................HR 1014
SMITH, ROY THOMAS; commend ...............................................................................HR 961
SMITH, TODD; commend ...............................................................................................HR 1221
SMITHVILLE, CITY OF; council; description of wards ..........................................HB 1737
SMYRE, HONORABLE CALVIN; communication.................................................Page 211
SMYRNA, CITY OF; homestead exemption; certain residents...................................SB 685
SNELLVILLE, CITY OF; corporate limits.................................................................HB 2046
SOCIAL SERVICES Aid to dependent children; certain ineligibility; exception........................................HB 1509 Aid to dependent children; mandatory school attendance; exception .......................HB 895 Aid to dependent children; preschool age child; provisions.......................................HB 1312 Aid to families with dependent children; all welfare benefits; Department of Human Resources make study........................................................HB 1511 Aid to families with dependent children; certain incremental benefits; eliminate.........................................................................................................HB 1510 Certificate of need; health care facilities; provider of medical assistance; termination....................................................................................................SB 680 Children and youth; community innovation zones; designate...................................HB 1050 Children; certain cases; provide legal counsel................................................................HB 180 Children in foster care; periodic reviews .........................................................................SB 315 Criminal Justice Coordinating Council; add member.................................................HB 1641 Day-care centers; employees' records checks; National Crime Information Center .......................................................................................................HB 2018 Demonstration family resource center program; create..............................................HB 1074
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6096
INDEX
SOCIAL SERVICES (Continued) Department of Children and Youth Services; create..................................................HB 1549 Department of Human Resources; certain licensing; fee provisions.........................HB 1601
- Department of Medical Assistance; agency rules; applicability ................................HB 1069 Department of Medical Assistance; oversight of Department of Human Resources surveyors.....................................................................................HB 837 Deprived child in foster care; periodic reviews..............................................................HB 519 Driving under the influence; publication of conviction notice; payment..........................................................................................................................HB 1683 Family preservation and child protection; pilot projects; amend provisions.......................................................................................................................HB 1981 Food stamp program; reduction in assistance..............................................................HB 1505 Georgians with Disabilities Act of 1991; enact..............................................................HB 834 Home Delivered Meals and Transportation Services for the Elderly Fund; establish................................................................................................HB 1650 Home Delivered Meals, Transportation Services to the Elderly, and Preschool Children with Special Needs Fund; create.....................................HB 1542 Human Resources Board; include physically handicapped member........................HB 1162 Income tax credit; uncompensated indigent health care............................................HB 1083 Indigent Care Trust Fund; General Assembly provide by law - CA..........................HR 840 Indigent defense; capital cases; expenses and attorneys' fees...................................HB 1291 Indigent defense; multicounty public defender; create office.......................................SB 545 Joint Study Committee on Indigent Defense; create.....................................................SR 439 Juvenile proceedings and parental rights; amend Code.............................................HB 1076 Medical assistance; certain drugs; prior authorization and approval.........................HB 472 Medical assistance; claim submission; time..................................................................HB 1341 Medical assistance; publicly financed voucher program; privately delivered health insurance coverage .........................................................HB 1339 Medical records; access by long-term care ombudsman or Department of Human Resources...................................................................................SB 87 Nursing facility; voluntary termination of provider agreement with Department of Medical Assistance...................................................SB 681 Public assistance benefits; urge electronic transfer.....................................................HR 1130 Public assistance; food stamp recipients; photo identification....................................HB 893 Public assistance; level based on length of residence.................................................HB 1507 Public assistance; reports; aggregate expenditures......................................................HB 1504 Quality basic education; Youth Apprenticeship Program; eligibility.......................HB 1931 Sales tax exemption; durable medical equipment and prosthetic devices; certain purchases..............................................................................................HB 332 Special Program of Services for At-Risk Children and Their Families Act; enact.......................................................................................................HB 1073 State lottery; indigent care and educational purposes - CA.........................................HR 36 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact..................................................SB 269 Technology Related Assistance Trust Fund for Individuals with Disabilities - CA .....................................................................................................SR 146 Welfare reform; urge study by House...........................................................................HR 1181 Youth development centers; decision making; provisions..........................................HB 1075
SOL C. JOHNSON HIGH SCHOOL "ATOMSMASHERS" BASKETBALL TEAM; invite to House..................................................................HR 1116
SOLID WASTE Amend provisions .............................................................................................................HB 1386 Amend provisions; scrap tire disposal; enact provisions ............................................HB 1385 Biomedical waste thermal treatment technology facilities; moratorium .....................HR 31
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6097
SOLID WASTE (Continued) Biomedical waste thermal treatment technology facility; hazardous waste site.....................................................................................................HB 1169 -Biomedical waste thermal treatment technology facility; prohibit; exception..........................................................................................................HB 381 Biomedical waste thermal treatment technology facility; prohibit permit..................................................................................................................HB 82 Certain waste treatment facility; permit..........................................................................SB 268 Conservation; disposal of sludge; permit......................................................................HB 1280 Disposal; public or private services; regulation..............................................................HB 419 Environmental Education Council; recycling awareness program in schools........................................................................................................HB 1412 Environmental Facilities Authority; certain funds; solid waste loans......................HB 1391 Environmental protection; solid waste fee; Hazardous Site Response Act; enact.....................................................................................................HB 1394 Facility near certain Georgia lakes; prohibit..................................................................HB 784 Hazardous waste facility; certain permits; prohibit....................................................HB 1092 Hazardous waste management; siting facilities; provisions...........................................SB 745 Hazardous waste; petroleum contaminated soil; permissible limits.........................HB 2095 Individual sewage management systems; regulate.......................................................HB 1609 Litter control; amend provisions....................................................................................HB 1181 Newspapers and newsprint; prohibit in landfills.........................................................HB 2184 Nonrecyclable packaging; urge businesses find alternatives........................................HR 898 Recycled content newsprint................................................................................................HB 95 Reduction; counties and municipalities encouraged to exceed goals..........................HB 590 Scrap tire disposal; regulations.........................................................................................HB 481 State loans to local governments; recycling - CA..........................................................HR 732 State-wide recycling program; establish for state agencies........................................HB 1872 Toxic heavy metals in packaging; regulate.....................................................................HB 124 Waste management; certain requirements........................................................................HB 60 Water quality; limits on phosphorus discharged into Chattahoochee River.......................................................................................................SB 381
SOLOMON, RUBY; commend .........................................................................................HR 849
SOUTH FULTON TENNIS CENTER; venue for 1996 Olympic tennis competition; endorse..............................................................................................HR 367
SOUTH GEORGIA JUDICIAL CIRCUIT; add judge.............................................HB 345
"SOUTH GEORGIA PARKWAY"; designation of Corridor Z..................................SR 180
SOUTHEAST REGIONAL TROUBLED CHILDREN'S COMMITTEE, INC.; commend................................................................................HR 68EX
SOUTHERN JUDICIAL CIRCUIT; add judge..........................................................SB 776
SOUTHWEST GEORGIA COUNCIL -- BOY SCOUTS OF AMERICA; 1991 Class of Eagle Scouts and 1992 Silver Beaver Award recipients; commend..........................................................HR 1219
SOVIET REPUBLICS; commend people..................................................................HR 62EX
SOVIET UNION; commend people.............................................................................HR 54EX
SPALDING COUNTY Board of commissioners; districts ..................................................................................HB 2109 County manager; provisions............................................................................................HB 2092 Griffin-Spalding County; board of education; districts..............................................HB 2112 Griffin-Spalding County Development Authority; powers.........................................HB 2140
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6098
INDEX
SPEAKER OF THE HOUSE Communications......................................Pages 2, 3, 7, 8, 9, 11, 11, 209, 211, 259, 4608, 4608
SPEECH-LANGUAGE PATHOLOGY AIDE; scope of practice ............................SB 463
SPORTS Alcoholic beverage sales; certain coliseum authorities................................................HB 1437 Alcoholic beverage sales; publicly owned facilities; nondrinking area .....................HB 1906 Alcoholic beverages; Sunday sales and sales by drink; sales in coliseums; population.....................................................................................HB 1451 Athlete agents; registration; amend provisions............................................................HB 2038 Athletic team physician; voluntary service; liability...................................................HB 1711 Certain competitive sports for female athletes; urge Department of Education to offer.............................................................................HR 1016 Certain ticket purchases; exclude from offense of theft by receiving stolen property........................................................................................HB 1589 Children's baseball; urge adoption of stronger safety measures.................................HR 680 Clayton County; Olympic Coordinating Committee; express support; 1996 Olympic Women's Fast-Pitch Softball Event; endorse bid..........................HR 1227 Hotel-motel tax; certain counties and municipalities; authorization to levy....................................................................................................HB 1850 Hotel-motel tax; certain municipalities; additional levy............................................HB 1836 House Study Committee on Physical Fitness and Amateur Sports; create..............HR 540 Income tax; taxable nonresident; professional athlete................................................HB 1614 Metropolitan Atlanta Olympic Games Authority; membership..................................HB 921 No Pass/No Participate provisions; applicability...........................................................SB 622 No Pass/No Participate rule; not applicable; certain students.................................HB 1901 Quality basic education; pregame program by student council; local boards allow before football games...................................................................HB 2084 Quality basic education; school athletic activities; equal opportunity.........................................................................................................HB 2105 Simple assault or simple battery against a sports official; define offenses...............................................................................................................HB 1994 South Fulton Tennis Center; venue for 1996 Olympic tennis competition; endorse......................................................................................................HR 367 State Boxing and Wrestling Commission; create...............................................................HB 9 State Boxing and Wrestling Commission; create...........................................................HB 108 Ticket sales; authorized service charges...........................................................................SB 700 Women's fastpitch softball programs in schools; urge athletic associations to offer......................................................................................................HR 1087
SPRINGFIELD BAPTIST CHURCH; commend......................................................HR 804
ST. MARYS, CITY OF; homestead exemption; certain residents..........................HB 26EX
STANCIL, HONORABLE FRANK; commend...........................................................HR 885
STATE COURTS OF COUNTIES Certain court services; furnish to certain municipalities............................................HB 1362 Certain funds; deposit in interest-bearing trust accounts..........................................HB 1592 Concealed weapons; solicitors; authorization to carry................................................HB 1120 County law libraries; board of trustees; membership.................................................HB 1861 Judge; residency requirement............................................................................................SB 486 Judicial branch personnel; continuing education; impose fee......................................SB 518 Jury of 12 in civil action; $100,000 or more....................................................................SB 517 Multidoor Courthouse Act; enact...................................................................................HB 1338
STATE EMPLOYEES Alien; employment loyalty oath; delete certain reference............................................HB 190 Benefits plans; include certain nonprofit groups...........................................................HB 306
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6099
STATE EMPLOYEES (Continued) Certain final conviction; ineligible for office..................................................................HB 255 Certain military duty; sick leave....................................................................................HB 1423 .Certain retirees; medical and dental services; liability ..................................................SB 465 Certain retirement systems; reestablishing creditable service.......................................HB 39 Commission on Equal Opportunity; change name from Fair Employment Practices ....................................................................................................SB 614 Consolidated insurance program; provide......................................,..............................HB 1933 Department of Natural Resources; unclassified hourly employees; selection............................................................................................................................HB 938 Drug testing in high-risk jobs............................................................................................SB 459 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991;enact...................................................................................................................HB 933 Educational assistance program; Labor Department personnel................................HB 1658 Elected officials; certain employment prohibited; time limit ....................................HB 1227 Employees' Retirement; certain attorneys and employees; membership...................HB 742 Employees' Retirement; certain Center for Disease Control service credit....................................................................................................................HB 913 Employees' Retirement; certain day laborers; service credit.......................................HB 936 Employees' Retirement; certain district attorney employees ......................................HB 270 Employees' Retirement; certain judicial employees; membership ..............................HB 588 Employees' Retirement; certain judicial employees; service credit .............................SB 445 Employees' Retirement; certain law enforcement officers; contributions..................HB 452 Employees' Retirement; certain military service credit................................................HB 421 Employees' Retirement; certain out-of-state service credit.........................................HB 715 Employees' Retirement; certain part-time service credit.............................................HB 972 Employees' Retirement; death of spouse; new spouse's benefit..................................HB 394 Employees' Retirement; death of spouse; new spouse's benefit...................................SB 166 Employees' Retirement; disability beneficiaries; income limitations...........................HB 38 Employees' Retirement; GeorgiaNet Authority employees; membership..................HB 203 Employees' Retirement; new agencies; membership .......................................................HB 41 Employees' Retirement; reemployment penalties; over 1040 hours ...........................HB 309 Employees' Retirement; 32 years service ........................................................................HB 138 Employees' Retirement; transfer service to Teachers Retirement System ...............HB 717 Employees' Retirement; Vietnam service credit............................................................HB 865 Employees' Retirement; Vietnam service credit............................................................HB 924 Family leave; provisions .....................................................................................................SB 831 Flexible employee benefit plans; group property and casualty insurance..................SB 770 Furlough provisions ..........................................................................................................HB SEX Garnishments; charges for answering..............................................................................HB 384 Georgia Defined Contribution Plan; create..................................................................HB 1596 Georgia Tort Claims Act; enact........................................................................................HB 606 Hazardous Chemical Protection and Right to Know Act; transfer administration to merit system..................................................................................HB 2029 Health insurance; benefits for certain district attorney personnel.............................HB 194 Health insurance; certain services; require coverage......................................,..............HB 872 Health insurance plan; elective abortions; prohibit coverage....................................HB 1665 House State Health Benefit Plan Pharmacy Program Study Committee; create...........................................................................................................HR 731 Injured employees; designated physician; provisions....................................................HB 349 Insurance and benefits plans; certain service centers; inclusion.................................HB 883 Line-of-duty injuries; certain benefits...........................................................................HB 1979
Loyalty oath; change provisions.......................................................................................HB 191
Loyalty oath; delete certain reference.............................................................................HB 189
Merit system; certain personnel; unclassified service ......................................................SB 17
Merit system hearings; employee representation...........................................................HB 109
Merit system; permanent employees; adverse actions ...................................................SB 106
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STATE EMPLOYEES (Continued) Merit system; sick leave.....................................................................................................HB 112 Motor vehicles and transportation; define certain van .................................................SB 729 Nepotism; prohibitions.......................................................................................................SB 482 Off-duty lawful activities; nondiscrimination..................................................................SB 256 Open meetings and open records; amend provisions.....................................................SB 604 Political activities; authorization.........................................................................................SB 23 Prison inmates or personnel; random drug testing .......................................................HB 248 Public Employees Relations Act of 1991; enact.............................................................HB 862 Public employment announcements; posting date........................................................HB 591 Public records; certain resumes; not open to inspection............................................HB 1475 Regional development centers; employees; restrictions..............................................HB 1680 Retirement; death of spouse; new spouse's benefit........................................................SB 166 State government; contract with retired employees; time limit...................................SB 541 State government; special meetings; notice..................................................................HB 1224 Student loans in default; prohibit state employment.................................................HB 1343 Teachers Retirement; creditable service; Employees' Retirement System..................HB 37 Two breaks per 8-hour shift..............................................................................................SB 558 Use of legal agricultural commodities; nonworking hours............................................HB 925
STATE GOVERNMENT Administrative procedure; state agencies; synopsis of proposed rules........................SB 534 Advisory Committee on Rural Development; membership........................................HB 1233 Appointments to boards, commissions, and committees; ensure state-wide representation; intent of General Assembly............................................HR 817 Attorney General; employment of private counsel......................................................HB 1441 Bribery; redefine offense .................................................................................................HB 1113 Budget unit funds; prohibitions.....................................................................................HB 1239 Certain state officials; compensation; provide by law.................................................HB 1129 Chaplain; create position in classified service of merit system....................................SB 471 Claims against state; introduction of resolutions in Senate ...........................................SB 16 Collection of state moneys; counties and municipalities retain percentage ..........................................................................................................HB 1790 Commission on Women; create.........................................................................................HB 654 Community Education and Development Act; enact..................................................HB 1281 Community Education and Development Act; repeal; prohibit certain access to public records.....................................................................................SB 588 Contract with retired employees; time limit...................................................................SB 541 Department of Environmental Protection; create...........................................................HB 80 Department of Georgia Buildings; create .....................................................................HB 2065 Department of Human Resources; unmarked motor vehicles; exception..................HB 812 Department of Medical Assistance; agency rules; applicability................................HB 1069 Depositories; cash management; policies and procedures..........................................HB 1400 Desert Storm Monument Commission; create...............................................................HR 414 Distance Learning and Telemedicine Act; enact; Public Service Commission; provide sixteen-mile toll free telephone calling ..................................SB 144 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991; enact...................................................................................................................HB 933 Educational assistance program; Labor Department personnel................................HB 1658 Elected officials; certain employment prohibited; time limit ....................................HB 1227 Elected public officials; campaign contributions; limitations......................................HB 521 Elections; plurality vote; exceptions................................................................................HB 100 Employees' Retirement; new agencies; membership.......................................................HB 41 Environmental Facilities Authority; certain funds; solid waste loans......................HB 1391 Environmental Protection Division; appoint director....................................................SB 102 Ethics training courses; provisions.................................................................................HB 1648 Executive branch; certain agency subdivisions; name change procedure ..................HB 603 Executive branch publications; use of officials' names; prohibitions.......................HB 1647
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6101
STATE GOVERNMENT (Continued) Executive Fellows Program; provide................................................................................SB 426 Fiscal year; April 1-March 31; authorization - CA..........................................................HR 32 -Funding for federally mandated programs; urge Georgia Congressional delegation take certain action.............................................................HR 813 Garnishments; charges for answering..............................................................................HB 384 Georgia Commission on Economic Conversion; create...............................................HB 2183 Georgia Council on Environmental Quality; urge creation..........................................HR 101 Georgia Defined Contribution Plan; create..................................................................HB 1596 Georgia Folk Festival; designate as official state folk festival..................................HB 1361 Georgia folklife; programs, archives, trust fund; provide.............................................HB 946 Georgia Geographic Information System Study Committee; create...........................HR 183 Georgia Security for Public Deposits Act; enact........................................................HB 1096 Georgia Tort Claims Act; enact........................................................................................HB 606 Georgia Tort Claims Act; enact.........................................................................................SB 415 GeorgiaNet Authority; publication and sale of Georgia Register ................................SB 379 Governor's Development Council; composition; powers................................................SB 590 Henry Ossian Flipper; commemorative postage stamp; urge issuance by Postmaster General...................................................................................................HR 345 House State Flag Redesign Study Committee; create....................................................HR 25 Housing and Finance Authority; amend provisions; Hospital Financing Authority; repeal provisions........................................................................SB 600 Housing and Finance Authority; powers..........................................................................SB 513 Intangible tax; repeal Code chapter...............................................................................HB 1877 Investment of state funds; South Africa; prohibitions.................................................HB 101 Investment of state funds; South Africa; prohibitions.................................................HB 102 Jobs Creation Authority; create .....................................................................................HB 1874 Joint Legislative Commission on Future Strategies; create.........................................HB 169 Judicial review; Public Service Commission decisions; amend provisions..........................................................................................................HB 1939 Legislative fiscal oversight committee; create; state auditor; powers..........................SB 410 Lobbying; registration of representatives of state agencies...........................................HB 20 Lobbying; registration of representatives of state agencies............................................SB 55 Lobbyists; limitations.........................................................................................................HB 855 Merit system; certain personnel; unclassified service......................................................SB 17 Merit system hearings; employee representation...........................................................HB 109 Merit system; sick leave.....................................................................................................HB 112 Metropolitan area planning and development commissions; election of members......................................................................................................HB 1179 Natural Resources Department; programs on public property; volunteer services..........................................................................................................HB 1387 Nonprofit contractors; applicability of laws; certain exemption...............................HB 1232 Office of Planning and Budget director; member; State Financial and Investment Commission - CA................................................................................SR 200 Open meetings and open records; amend provisions.....................................................SB 604 Peace officers; certain training costs; reimbursement.................................................HB 1829 Photographs or reproductions; sheriffs; right to make; fees.........................................SB 345 Pogo 'Possum; designate official state 'possum...........................................................HB 1325 Pogo 'Possum; designate official state 'possum; hunting wildlife; prohibitions.....................................................................................................HB 1548 Property acquired by state; reduced ad valorem tax liability.....................................HB 435 Public Employees Relations Act of 1991; enact.............................................................HB 862
Public employment announcements; posting date........................................................HB 591
Public information services and materials; user fees..................................................HB 1004
Public libraries; boards of trustees; compensation........................................................HB 579
Public records; certain computerized index; requirements........................................HB 1378
Public records; certain resumes; not open to inspection............................................HB 1475
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6102
INDEX
STATE GOVERNMENT (Continued) Public records; exhibits given as evidence; prohibit inspection................................HB 1591 Public Safety Department; use of equipment by uniformed personnel......................SB 493 Public safety radio services in certain counties; change population figure..............................................................................................................SB 801 Public works contracts; retainage; interest; investment; payment ..............................SB 631 Purchasing; acquisition of products produced in United States...................................HB 92 Regional development centers; create nonprofit corporations .....................................SB 660 Regional development centers; employees; restrictions..............................................HB 1680 Regional development centers; membership ................................................................HB 1442 Regional development centers; ratify certain transfer....................................................HR 79 Retirement and pension funds; prohibit investments in institutions with outstanding loans to South Africa......................................................................HB 156 Solid waste management; state-wide recycling program; establish for state agencies..........................................................................................HB 1872 Special meetings; notice...................................................................................................HB 1224 Springer Opera House; designate official state theater..............................................HB 1151 State agencies and authorities; certain obligations; approval by State Financing and Investment Commission ...................................HB 1967 State agencies and schools; include term "multiracial" on forms requesting racial identification..................................................................HB 1295 State agencies; certain programs; periodic review.........................................................HB 818 State agencies; certain services; fees to offset expenses - CA .....................................HR 896 State agencies; consulting services by retired employees...........................................HB 1165 State and local government; public officials; stationery contain phone number .................................................................................................................HB 955 State contracts; minority business participation...........................................................HB 230 State contracts; prohibitions; person, firm, or corporation convicted of discrimination...........................................................................................HB 304 State flag; change design.....................................................................................................HB 53 State Flag Commission; create.........................................................................................HR 649 State flag; redesign; nonbinding referendum.................................................................HR 650 State health insurance system; General Assembly provide by law - CA...................HR 812 State loans to local governments; solid waste recycling - CA .....................................HR 732 State lottery; provisions.....................................................................................................HB 780 State lottery; provisions...................................................................................................HB 1541 State Properties Commission; acquisitions; reports; budget estimates.......................SB 638 State property; lease or rental approval; State Properties Commission....................HB 418 State Revenue Estimate Board; create - CA................................................................HR 1027
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATHAM, CITY OF; commend centennial...............................................................HR 1212
STEIS, WILLIAM BURTON; commend..................................................................HR 36EX
STEPHENS COUNTY Board of commissioners; meeting date; repeal; population figures...........................HB 2047 Deposit of funds; repeal certain provisions; population figures................................HB 2048 Magistrate court; law library fees ..................................................................................HB 1724
STEPHENS, HONORABLE LAWTON E.; resignation.......................................Page 4605
STEWART COUNTY Grant easement....................................................................................................................SR 381 Solid waste authority; create...........................................................................................HB 2164
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6103
STIPE, MICHAEL, BILL PERRY, PETER BUCK, AND MIKE MILLS; commend................................................................................................HR 945
STONE, DOUG; commend................................................................................._..............HR 1108
STONE, JUANITA SELLERS; commend .................................................................HR 1251
STONE MOUNTAIN, CITY OF; mayor and councilmembers; elections; terms ...........................................................................................................................................HB 27EX
STONE MOUNTAIN JUDICIAL CIRCUIT ............................................................................................................................SB 301
Superior court judges; supplement ...................................................................... ..........HB 2082
STREAT, HONORABLE VAN; designate as official "State Ostrich"...................HR 1210
STRIBLING MEMORIAL BRIDGE; urge designation........................................... .HR 722
STRICKLAND, JOAN; commend...............................................................................HR 75EX
STRONG, HUBERT Commend.................. ........................................................................................ ...............HR 85EX Condolences.......................................................................................................................HR 1244
SUGAMO PRISON REUNION ASSOCIATION; 1992 reunion; commend. .......HR 959
SULLIVAN, MABEL; commend ...................................................................................HR 1276
SUMMERVILLE, CITY OF; position of mayor; nonbinding referendum.............HB 2081
SUMTER COUNTY Board of commissioners; compensation........ ................................................. ................HB 1859 Board of commissioners; districts .............................................................................. ....HB 1615 Board of education; districts.......................... .............................................. ...................HB 1619 Commissioners' compensation; repeal Act providing.. ............................ ....................HB 1858 Industrial development authority; create..................... .............................................. ...HB 1982 Livestock Authority; create........................... ................................................................. .HB 1662
SUPERIOR COURTS Ad valorem tax; litigation proceedings; payment of assessment. ........................... ...HB 1428 Bail; delegation of authority to set; exception ............................................... ................HB 875 Certain funds; deposit in interest-bearing trust accounts..... ...................... ...............HB 1592 Certificate of need; multiple petitions for judicial review; consolidation....... ................................................................................................. ..........HB 1512 Clerks; compensation in certain counties; change population figures.. .............. .........SB 384 Clerks; fees; certain counties; population classification......... ..................................... ...SB 317 Clerks; fees; certain counties; population classification.. ........................................... ....SB 318 Clerks; qualifications; minimum age... .................................................................... .......HB 1950 Closed-circuit television criminal hearings; judges implement...... ................... ...........HB 878 County law libraries; board of trustees; membership .......................................... .......HB 1861 Criminal bonds; certain fees; sheriffs exempt............... ........................................... .......SB 246 Divorce; additional fee; fund for violence shelters ............................................... ...........HB 24 Employees' Retirement System; certain judicial employees; membership. ...............HB 588 Fulton County; judicial review of Public Service Commission decisions.. ........ .......HB 1939 Judges; appointment ........................................................................................ ..................HB 239 Judges; election ..................................................................................................... ................HB 99 Judges; former district attorneys; retain membership in District Attorneys' Retirement System ......................................................... .........HB 801 Judges; Governor appoint - CA........... ................................................................. ..............HR 37 Judges; residency requirements - CA ......................................................................... .......HR 75 Judges Retirement; creditable service.......................... .............................................. .....HB 183 Judges Retirement; creditable service............................ ........................................... .......SB 149
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SUPERIOR COURTS (Continued) Judges; terms of office - CA ...............................................................................................HR 77 Judges; urge single-member districts and abolition of majority vote ......................HR 1135
_ Judicial branch personnel; continuing education; impose fee......................................SB 518 Juries; impanel additional grand jurors; district attorney's request .............................SB 85 Multidoor Courthouse Act; enact...................................................................................HB 1338 Notaries public; performance bonds; provisions.............................................................SB 719 Offenses bailable only before superior courts; provisions.............................................SB 388 Private ways; maximum width; 30 feet...........................................................................HB 630 Property tax litigation; jurisdiction; payment..............................................................HB 1957 Request senior judge; consent of counsel........................................................................HB 680 Sentence review panel; repeal certain provisions............................................................HB 83 Simple battery in courtroom; define offense................................................................HB 1863 Single-member districts; residency requirements ............................................................HB 98 Superior court reporters emeritus; senior court reporter.............................................HB 839 Tax assessment appeals; utilize county appraisal staff..............................................HB 1124
SUPREME COURT Filing of court documents by facsimile transmission; urge development of procedures...................................................................................HR 913 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges.............................................................................HR 639 Joint Session; message from Chief Justice of Supreme Court....................................HR 641 Justices and Appeals Court Judges; certain retirement benefits; delete provisions .............................................................................................................HB 479 Practice of law; urge reconsideration of admission rules..............................................SR 514
SURFACE TRANSPORTATION Efficiency Act of 1991; express support......................................................................HR 69EX Reauthorization Act; urge United States passage............................................................SR 98
SUTTON, JOHNNY; commend ...................................................................................HR 22EX
SUWANEE, CITY OF; homestead exemption; certain residents .............................HB 2165
SWIFT, GEORGE PARKER, III; commend................................................................HR 906
TALBOT COUNTY Probate court judge; compensation................................................................................HB 1433 Sheriff; compensation.......................................................................................................HB 1432 Superior court clerk; salary.............................................................................................HB 1430 Tax commissioner; compensation...................................................................................HB 1431
TALLAPOOSA, CITY OF; municipal court; jurisdiction .........................................HB 2073
TALLAPOOSA JUDICIAL CIRCUIT; add judge..................................................HB 1943
TAM INDUSTRIES OF TATTNALL COUNTY; commend.................................HR 983
TANNER, JIM; commend................................................................................................HR 1220
TANNING FACILITIES; provisions..............................................................................HB 575
TARVER, TARA ROSE; commend...............................................................................HR 1032
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6105
TATTNALL COUNTY Board of commissioners; reapportion............................................................................HB 1700 Board of education; reapportion ....................................................................................HB 1702 Grant easement.....................................................................................................-..............HR 831
TATTNALL SQUARE ACADEMY Lady Trojans; invite to House........................................................................................HR 1163 Lady Trojans Softball Team; invite to House .............................................................HR 1164
TAXATION AND REVENUE Ad valorem tax; amend provisions; mobile homes; location permits ..........................SB 617 Ad valorem tax; appealed assessments; property value; Consumer Price Index CA.............................................................................................HR 991 Ad valorem tax; boats; functional location...................................................................HB 1263 Ad valorem tax; certain documents; escrow accounts.................................................HB 1962 Ad valorem tax; classification; heavy-duty equipment motor vehicles - CA........................................................................................................HR 715 Ad valorem tax collectors and appraisers; duties and responsibilities........................SB 539 Ad valorem tax, definitions; tangible property, assessment........................................HB 463 Ad valorem tax; delinquency in certain counties; revise population figures..............................................................................................HB 2042 Ad valorem tax; exempt certain boats outside state...................................................HB 1956 Ad valorem tax; exempt certain increase in property value - CA..............................HR 931 Ad valorem tax exemption; community service organizations...................................HB 1375 Ad valorem tax; fair market value; federal or state restrictions on property use..........................................................................................HB 233 Ad valorem tax for school purposes; limitation - CA...................................................HR 726 Ad valorem tax; freeport exemption; clarification.......................................................HB 1286 Ad valorem tax; freeport exemption; local option tax; time for election..............................................................................................................HB 198 Ad valorem tax; freeport exemption; property valuation.............................................HB 357 Ad valorem tax; heavy-duty construction equipment.................................................HB 1279 Ad valorem tax; heavy-duty construction equipment; exceptions............................HB 1460 Ad valorem tax; homestead exemption; retirement community homestead ...........HB 1632 Ad valorem tax; installment payments; due dates......................................................HB 1131 Ad valorem tax; intangible personal property; include computer software ........................................................................................................HB 2028 Ad valorem tax; interest on delinquent taxes in certain counties; population brackets.....................................................................................HB 1878 Ad valorem tax; interest on delinquent taxes in certain counties; population brackets.....................................................................................HB 1894 Ad valorem tax; interest on unpaid taxes in certain counties; change population figures............................................................................................HB 2088 Ad valorem tax; jeopardy assessments by local tax commissioner...........................HB 1808 Ad valorem tax; landmark historic property; preferential assessment .......................SB 607 Ad valorem tax; litigation proceedings; payment of assessment...............................HB 1428 Ad valorem tax; millage rate; publication requirement................................................HB 250 Ad valorem tax; mobile homes; county decals.............................................................HB 1616 Ad valorem tax; mobile homes in certain counties; population brackets ................HB 1895 Ad valorem tax; motor vehicles and mobile homes; certain requirement.................HB 943 Ad valorem tax; payments in certain counties; population brackets ..........................SB 633 Ad valorem tax; property assessment at fair market value.......................................HB 1463 Ad valorem tax; property outside state; exempt...........................................................HB 668 Ad valorem tax; property value; acquisition - CA.........................................................HR 188 Ad valorem tax; real estate transfer tax; filing..............................................................HB 466 Ad valorem tax return; notice of changes; provisions.................................................HB 1963 Ad valorem tax returns; certain counties; population classification.........................HB 1101 Ad valorem tax; standing timber; sales and harvests; when taxable........................HB 1834
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6106
INDEX
TAXATION AND REVENUE (Continued) Ad valorem tax; time for returns; homestead exemption filing date ..........................SB 695 Ad valorem tax; time for returns in certain counties; change population figures............................................................................................HB 2085 Additional equalization boards; create..........................................................................HB 1114 Additional equalization boards; repeal; certain counties............................................HB 1117 Alcoholic beverages; certain excise taxes; increase......................................................HB 1636 Alcoholic beverages; refunds or credits for taxes; manner of collecting taxes............................................................................................................SB 774 Amusement machines; sales tax exemption; licensing provisions.............................HB 1256 Boards of equalization; authorize additional boards in certain counties.............................................................................................................HB 1889 Boards of equalization in certain counties; change population figures....................HB 2041 Boards of equalization; provisions for additional boards...........................................HB 1890 Certain business loans; authorize guaranteed revenue debt - CA..............................HR 385 Certain counties; tax assessments; appeals and reviews.............................................HB 1118 Certain educational facilities; authorize guaranteed revenue debt - CA...................HR 384 Certain intangibles; increase tax rates ............................................................................HB 545 Certain tax appeals; time interest accrual begins........................................................HB 1562 Certain tax payments; electronic funds transfer .........................................................HB 1395 Chief appraiser; board of tax assessors member; approval..........................................HB 832 Collection of state moneys; counties and municipalities retain percentage ..........................................................................................................HB 1790 Commercial vehicle registration; reciprocal agreements; deadlines..........................HB 1686 Conservation Use Valuation Advisory Group; commend...........................................HR 1105 Contractors; sales tax on execution of subcontracts; bond..........................................HB 336 Corporations; certain foreign income; taxable................................................................HB 339 Counties and municipalities; collection of state moneys; retain percentage ..........................................................................................................HB 1940 County property tax assessments; advertising provision; repeal...............................HB 1160 County tax assessors; time for presenting returns ......................................................HB 1248 County tax digest; evaluation cycle; provisions...........................................................HB 1595 Education funding; repeal ad valorem tax; impose 3% sales tax - CA .....................HR 655 Excise tax; alcohol, distilled spirits, table wines, and dessert wines; first sale, use, or final delivery..........................................................HB 1741 Excise tax; hotels and motels; certain authorities.......................................................HB 1212 Excise tax; hotels and motels; certain counties and municipalities; authorization to levy .........................................................................HB 1850 Excise tax; hotels and motels; certain municipalities; additional levy...............................................................................................................HB 1836 Excise tax on cigarettes; increase...................................................................................HB 1639 Excise tax; public accommodations; nonprofit organizations........................................HB 57 Excise tax; state and county; solid minerals severance................................................HB 696 Federal Budget Enforcement Act of 1991; urge Congress amend ..............................HR 836 Firemen's Pension Fund; certain insurance premium tax .........................................HB 1796 Freeport tax exemption; continue....................................................................................HB 632 Georgia Security for Public Deposits Act; enact.........................................................HB 1096 Herty Foundation; tax exemptions..................................................................................HB 312 Homestead definition in certain counties; population brackets................................HB 1945
Homestead exemption; age 65 or over; increase to $10,000.......................................HB 2072
Homestead exemption; applications in certain counties; population brackets......................................................................................................HB 1896
Homestead exemption applications; population brackets; exclude Carroll County................................................................................................HB 1885
Homestead exemptions; application date.....................................................................HB 1003
House License, Occupation, and Professional Tax Study Committee; create...........................................................................................................HR 733
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INDEX
6107
TAXATION AND REVENUE (Continued)
House Study Committee on Local Government Revenue Diversification; create ....................................................................................................HR 411
Income tax; capital gains adjustment..............................................................................HB 456 Income tax; certain corporations; amend provisions...................................................HB 1302 Income tax; certain military service income; exclude...................................................HB 485 Income tax; certain residents and nonresidents; amend provisions .........................HB 1301 Income tax; certain taxpayers and certain corporations;
amend provisions..........................................................................................................HB 1303
Income tax; certain taxpayers; increase personal exemption.....................................HB 1048 Income tax credit; certain businesses in certain counties............................................HB 489
Income tax credit; certain employers; certain employee health coverage..................HB 944 Income tax credit; investment in certain progress
expenditure property....................................................................................................HB 1448 Income tax credit; motor vehicle conversion................................................................HB 1029
Income tax credit; providers of certain prenatal care.................................................HB 1824 Income tax credit; rehabilitation of certain commercial property............................HB 1449
Income tax credit; uncompensated indigent health care............................................HB 1083 Income tax deduction; savings for first-time home purchase....................................HB 1804 Income tax; define taxable nonresident........................................................................HB 1133
Income tax; define taxable nonresident........................................................................HB 1260 Income tax exemption; certain corporations..................................................................HB 650
Income tax; health insurance premiums; exclude..........................................................HB 691 Income tax; job tax credit; businesses in certain counties.........................................HB 1399
Income tax; nonrecognition of gain; certain withholding provisions........................HB 1739 Income tax; quarterly and monthly returns; deadline for filing...............................HB 1306 Income tax return; active military duty; extend time for filing..................................HB 600
Income tax; special withholding requirements.............................................................HB 1304 Income tax; taxable nonresident; professional athlete................................................HB 1614 Income tax; taxable nonresidents; definitions..............................................................HB 1377
Income tax; withholding certificate; exemption status...............................................HB 1305 Individual Medical Account Law of 1992; enact .........................................................HB 1333
Insurance; premium taxes; amend provisions'..............................................................HB 1426 Insurance premium taxes; county proceeds; street improvement................................SB 372 Intangible recording tax; commission for collection in
certain counties; change population figures..............................................................HB 2043 Intangible tax; exempt stock in certain financial institutions...................................HB 1655 Intangible tax; repeal Code chapter...............................................................................HB 1877
Joint city-county boards of tax assessors; repeal certain Acts..................................HB 1537 Joint Study Commission on Revenue Structure; create................................................SR 443
Land bank authorities; property acquisition; certain taxes.......................................HB 1692 Landmark historic property; include residential real property.................................HB 2006 Local income tax; educational purposes - CA................................................................HR 818
Local income tax; election to impose; provisions...........................................................HB 623 Local income tax; referendum; local option sales tax;
repeal certain prohibition............................................................................................HB 1300
Local option sales tax; projects other than road, street, or bridge.............................HB 598 Local option sales tax; purposes; add beach renourishment........................................HB 622 Local sales and use taxes; limitation; exclude MARTA.............................................HB 1851
Local school systems; revenue; General Assembly provide by taxation - CA...............................................................................................HR 826
Malt beverages; production for home consumption; excise tax.....................................HB 62
Mobile home permits; certain counties; population brackets....................................HB 1880 Mobile home permits; certain counties; population brackets....................................HB 1891 Mobile homes; decal violations; magistrate court enforce..........................................HB 1927
Mobile homes; moving without decals; certain notification.......................................HB 1588 Motor carriers; registration cards and identification
markers; certain outstanding penalties or fees ........................................................HB 1670
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6108
INDEX
TAXATION AND REVENUE (Continued) Motor fuel; repeal second tax.............................................................................................HB 19 Motor fuel; storage in terminals; reports......................................................................HB 1993
- Motor fuel taxes; refund to seller; compensation for collection..................................HB 570 Motor fuel taxes; refunds to employees of foreign governments; certain motor carriers; withhold registration......................................SB 699 Motor vehicles; amend provisions....................................................................................HB 494 Motor vehicles; return for taxation; amend provisions...............................................HB 1826 Municipal ad valorem taxes; county or municipal assessment; population figures.........................................................................................................HB 2034 Municipal ad valorem taxes in certain counties; change population figure..............................................................................................................SB 793 Occupation or professional tax; limitations..................................................................HB 1536 Occupation tax; practitioner's principal office; amend.................................................HB 697 Occupation tax; principal office; certain contractors....................................................HB 750 Occupation tax; principal office; maximum....................................................................HB 624 Occupation tax; telecommunication services; county license.......................................HB 677 Occupation tax; utility services; county license.............................................................HB 629 Property acquired by state; reduced ad valorem tax liability.....................................HB 435 Property assessment appeal; taxpayer access to certain information......................HB 1964 Property tax litigation; jurisdiction of superior court; payment of taxes...........................................................................................................HB 1957 Property valuation; county and municipal assessments; municipal ad valorem tax............................................................................................HB 1795 Public Revenue Code; reference date; Federal tax code............................................HB 1299 Public Service Commission; corporate fee assessments..............................................HB 1148 Public utilities; operating property; return for taxation ............................................HB 1671 Public works contracts; preference to Georgia contractors..........................................HB 993 Quality basic education; local fair share funds; limitation.........................................HB 1801 Real estate transfer tax; exempt foreclosure sale........................................................HB 1464 Real property; acquisition by transfer; tax return ......................................................HB 1561 Real property; bona fide sale; appraised value; Consumer Price Index - CA.............................................................................................................HR 990 Real property; fair market value; advertised price......................................................HB 1961 Real property; fair market value; determinants ..........................................................HB 1960 Real property; fair market value; sale price.................................................................HB 1959 Referendum time period; freeport exemption; local option sales tax ......................HB 1243 Revenue bonds; services provided or made available; amend provisions ................HB 1750 Road tax on motor carriers; define motor vehicles.....................................................HB 1307 Sales and use tax; certain lease agreements...................................................................HB 431 Sales, motor fuel, and excise taxes; limit reimbursement to dealers........................HB 1146 Sales tax and license fee exemptions; solar or electric powered vehicles...........................................................................................................HB 1551 Sales tax collections; eliminate reimbursement to dealers.........................................HB 1271 Sales tax exemption; aircraft; certain modifications.....................................................HB 627 Sales tax exemption; bulk curing tobacco barns..........................................................HB 1484 Sales tax exemption; certain materials; manufacturing granite................................HB 1018 Sales tax exemption; certain purchases for charitable purposes.................................HB 365 Sales tax exemption; certain sales by schools................................................................HB 234 Sales tax exemption; durable medical equipment and prosthetic devices; certain purchases..............................................................................................HB 332 Sales tax exemption; food..................................................................................................HB 401
Sales tax exemption; food and telephone service..........................................................HB 154
Sales tax exemption; food consumed off premises........................................................HB 105
Sales tax exemption; food consumed off premises - CA................................................HR 10
Sales tax exemption; industrial materials; electricity excluded..................................HB 337
Sales tax exemption; school fund-raisers......................................................................HB 1155
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INDEX
6109
TAXATION AND REVENUE (Continued) Sales tax exemption; school fund-raisers - CA..............................................................HR 674 Sales tax; farm equipment repair; exempt from definitions..............................,.......HB 1419 Sales tax for educational purposes; General Assembly authorize by law - CA....................................................................................................HR 672 Sales tax; new motor vehicles; certain exemption.......................................................HB 1147 Sales tax; retail sales definition; add lottery tickets................................................ .HB 1235 Sales tax; retail sales definitions; certain exclusion....................................................HB 1250 School taxes; retainage in certain counties by tax collector; population brackets........................................................................................SB 803 Special one percent sales tax; education purposes - CA..............................................HR 108 Special one percent sales tax; education purposes - CA..............................................HR 134 Special one percent sales tax; education purposes - CA..............................................HR 158 Special one percent sales tax; education purposes - CA..............................................HR 159 Special one percent sales tax; education purposes - CA...............................................SR 159 Special one percent sales tax; imposition; time limit.................................................HB 1674 Special Program of Services for At-Risk Children and Their Families Act; enact.......................................................................................................HB 1073 Special purpose sales tax; county and school district projects......................................HB 76 Special sales and use taxes; one-third proceeds for education - CA........................HR 1186 Standing timber; purchase reports to tax assessors; disclosure.................................HB 1867 State lottery; provide; Department of Lottery; create..................................................HB 780 State lottery; provisions...................................................................................................HB 1541 State Revenue Estimate Board; create - CA................................................................HR 1027 State tax; certain rentals; proceeds to State Children's Trust Fund .........................HB 956 Study Committee on Professional Tax Equity; create.................................................HR 938 Study Committee on Professional Tax Equity; create..................................................SR 510 Tax Amnesty Program Act; enact..................................................................................HB 1405 Tax assessment appeal; certain discussion; taxpayer's rights....................................HB 1965 Tax assessment; reduction as result of appeal; property owner's expenses...........................................................................................................HB 1966 Tax assessments; appeals to superior court; utilize county appraisal staff................................................................................................................HB 1124 Tax assessments; certain counties; population brackets.............................................HB 1897 Tax assessments; taxpayer and board of equalization disputes; arbitration.....................................................................................................HB 1123 Tax deferral for the elderly; alternative method...........................................................HB 505 Tax deferral for the elderly; annual income of $25,OOO................................................HB 507 Tax deferral for the elderly; annual income of $40,OOO................................................HB 506 Tax deferral for the elderly; certain counties; alternative method.............................HB 503 Tax deferral for the elderly; certain counties; repeal alternative method..........................................................................................................HB 504 Tax digest; appeal of rejection .........................................................................................HB 411 Tax digest; appeals and arbitrations; conditions for approval....................................HB 858 Tax digest; conditional approval......................................................................................HB 410 Tax digest; disapproval by commissioner; assessment..................................................HB 414 Tax digest; disapproval provisions; exception..............................................................HB 1110 Tax digest; disapproved; collection authorization.........................................................HB 415 Tax digest; evaluation cycle; provisions........................................................................HB 1595 Tax executions; administration levy; attorney's fees.......................................................SB 56
Tax executions; surety bond for condemnation money................................................HB 341
Tax returns; population brackets applicable to Carroll County; repeal..................HB 1886
Tax returns; time for making in certain counties; population brackets..................HB 1893
Tax returns; time for presentation in certain counties; population brackets......................................................................................................HB 1883
Tax returns; time for presentation in certain counties; population brackets......................................................................................................HB 1892
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6110
INDEX
TAXATION AND REVENUE (Continued) Tax sale; right to redeem property; expiration............................................................HB 1095 Taxable net income; exclusion for certain retirement income ..................................HB 1000
- Taxable net income; include campaign contributions and certain expenditures.....................................................................................................HB 1805
Taxable net income; increase exclusion for retirement income...................................HB 779 Taxable net income; reduction; certain unreimbursed medical expenses................HB 1335 Tennessee Valley Authority; payments; change apportioning method....................HB 1034 Transportation Trust Fund; create - CA.........................................................................SR 477
TAYLOR COUNTY Certified Literate Community of Georgia; commend.................................................HR 1012 Probate judge serve as chief magistrate........................................................................HB 1799
TAYLOR COUNTY HIGH SCHOOL GIRLS' BASKETBALL TEAM; commend.....................................,.......,..............................................................HR 1140
TAYLOR, REVEREND DR. CLAYTON EUGENE; commend ........................HR 86EX
TEACHERS (Also, see Education) Alcohol and drug course; State Board of Education supply teachers........................HB 562 Certain materials or instructional methods; urge Education Department not use........................................................................................................HR 842 Certain retirement systems; reestablishing creditable service.......................................HB 39 Daily planning period.........................................................................................................HB 372 Duty-free lunch periods.....................................................................................................HB 373 Educational loans; certain teachers; service cancelable................................................HB 305 Employees' Retirement System; transfer service to Teachers Retirement System.........................................................................................................HB 717 Grievance procedures; local school systems..................................................................HB 1812 Health insurance; amend provisions.................................................................................SB 190 High schools; laboratory courses; teacher-pupil ratio...................................................HB 512 Professional school personnel; certification; waive certain fees ..................................HB 391 Professional Standards Commission; amend provisions................................................SB 777 Public retirement systems; temporary disability; creditable service..........................HB 734 Quality basic education; certain officials and employees; serve as substitute.....................................................................................................................HB 625 Quality basic education; midterm adjustment; program adjustment .........................HB 393 Retirement; attendance officers; membership................................................................HB 353 Retirement; certain employees of the Professional Practices Commission...............HB 265 Retirement; certain public school employees; contributions .......................................HB 912 Retirement; change allowances.........................................................................................HB 641 Retirement; creditable service; Employees' Retirement System...................................HB 37 Retirement; creditable service; pregnancy leave............................................................HB 216 Retirement; disability; effective date...............................................................................HB 311 Retirement; early retirement; 30 years.............................................................................SB 108 Retirement; eligibility provisions; amend.....................................................................HB 1754 Retirement; postretirement benefit adjustment..............................................................HB 81 Retirement; reestablishing creditable service.................................................................HB 346 Retirement; reestablishment of service.........................................................................HB 1594 Retirement; retire at 25 years or age 55............................................................................SB 92 Retirement; spousal option; revoke upon death of spouse.........................................HB 1753 Retirement; unused sick leave; creditable service.........................................................HB 392 School closing; certain conditions; certain personnel authorized to leave.........................................................................................................HB 453 School personnel; sick leave; personal and professional use........................................HB 851 Schools; certain materials and instruction; prohibit...................................................HB 1703 Student with infectious disease; notify certain personnel............................................HB 741 Teachers of the Year; salary increases.............................................................................SB 412
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6111
TELEPHONE AND TELEGRAPH SERVICE Advertising or solicitation calls; block access...............................................................HB 2185 American Telephone and Telegraph and the Communications - Workers of America; urge good faith negotiation....................................................HR 1167 Cellular phone service; state regulation; urge Public Service Commission study...........................................................................................HR 1168 Civil practice; depositions by telephone..........................................................................HB 729 County-wide local calling; certain exemption...............................................................HB 1422 Deceptive practices; certain use of local telephone number by nonlocal business; prohibit.....................................................................HB 1314 Emergency Telephone Number 911; amend provisions..............................................HB 1142 Emergency 911 service; monthly charge; local governments impose..........................HB 795 Emergency 911 systems; advisory board; local governments create.........................HB 1583 House Communications Technology Study Committee; create ................................HR 1075 New area codes; prohibit splitting counties .................................................................HB 1643 Occupation taxes; telecommunication services; county license...................................HB 677 Privacy for Consumers and Workers Act; enact..........................................................HB 2097 Public Service Commission; authority over area codes..............................................HB 1544 Public Service Commission; special fees; method of calculating.................................HB 901 Rural telephone cooperatives; powers within certain cities; population classification...................................................................................HB 1694 Sales tax exemption; food and telephone service..........................................................HB 154 Sixteen-mile toll free telephone calling; Public Service Commission provide; Distance Learning and Telemedicine Act; enact..................SB 144 State-wide "911" system; relative to development........................................................HR 936 Telephone record information disclosure; prohibitions.................................................SB 297 Telephone systems; warrant availability of service and parts...................................HB 1915 Trade practices; solicitation of elderly; regulate..........................................................HB 1819
TELEVISION Alcoholic beverages; advertising prohibition; exceptions ...........................................HB 1184 Cable industry; competition in marketplace; urge United States Congress to enact legislation.............................................................................HR 261 Death penalty; televise executions...................................................................................HB 110 Electric membership corporations; cable systems; own and service...........................HB 892 False advertising; legal services; prohibitions...............................................................HB 1860 Georgia Community Antenna Television (CATV) Authority; create.......................HB 1037 House Communications Technology Study Committee; create ................................HR 1075 Publishing names of victims of crimes; urge restraint by news media......................HR 717 Revenue Bond Law; undertaking; change definition....................................................HB 638 State tax; certain rentals; proceeds to State Children's Trust Fund.........................HB 956 Superior court; closed circuit television criminal hearings; judges implement............................................................................................................HB 878
TELFAIR COUNTY; board of education; vacancies.....................................................SB 863
TERRELL COUNTY; board of commissioners; districts...........................................HB 2098
TERRELL VISITATION ACADEMY BASKETBALL TEAM; commend ......HR 965
TERRORISM Crimes; stalking; definition and penalties ....................................................................HB 2120 Street Gang Terrorism and Prevention Act; enact........................................................SB 735
TERRY MILL ELEMENTARY SCHOOL; commend; invite Principal Dr. Shirley C. Reams to House........................................................................................HR 786
"THE O'JAYS"; musical group; commend..................................................................HR 29EX
THEFT Extortion against elderly; penalty.....................................................................................SB 526
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6112
INDEX
THEFT (Continued) Fraudulent receipt of rental property; define offense ................................................HB 1474 Misappropriation of trade secrets.....................................................................................SB 320
- Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact..................HB 836 Motor vehicle theft prevention program; establish.......................................................HB 807 Motor vehicle theft; sentence; special alternative incarceration or boot camp ....................................................................................................................SB 350 Receiving stolen property; exclude certain ticket purchases.....................................HB 1589 Shoplifting; sentencing provision; clarification...............................................................SB 635
THIGPEN, EDWARD "EDDIE"; commend................................................................HR 743
THOMAS COUNTY Board of commissioners; compensation...........................................................................HB 596 Board of commissioners; districts ..................................................................................HB 2068 Probate court costs; population brackets......................................................................HB 1678 Probate court; schedule of costs; population brackets................................................HB 1651
THOMAS, FRANKLIN W., SR.; condolences............................................................HR 1005
THOMAS, LAMONTE ANDRE; commend.................................................................HR 893
THOMASTON, CITY OF; homestead exemption; certain residents.......................HB 2104
THOMASVILLE, CITY OF Convey property..................................................................................................................HR 778 Destination Thomasville Tourism Authority; create ................................................HB 18EX
THOMPSON, HAROLD G.; commend..........................................................................HR 956
THOMPSON, O. LEE, III; commend...........................................................................HR 1214
THORPE, OTIS L.; condolences.......................................................................................HR 762
TIBETAN MONKS FROM THE DREPUNG LOSELING MONASTERY; welcome delegation .............................................................................HR 736
TIFTON, CITY OF; convey property..............................................................................HR 778
TIPPENS, LEE ROY; commend......................................................................................HR 658
TOOMBS COUNTY Board of education; election...........................................................................................HB 2181 Deposit of funds; repeal certain provisions; population figures................................HB 2048 Development authorities; joint boards of directors; assumption of powers...................................................................................................HB 1733 Grant easement....................................................................................................................SR 380 State court judge and solicitor; compensation.............................................................HB 2179
TOOMER, ROBERT LEE, JR.; invite to House.......................................................HR 1185
TOOMSBORO, CITY OF Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority; procedure for withdrawal of municipality.................................HB 4EX
TORTS Accountants; limitation on liability...............................................................................HB 1220 Athletic team physician; voluntary service; liability...................................................HB 1711 Certain donations to nonprofit organizations; liability...............................................HB 1331 Certain drugs; punitive damages; limitations; exception............................................HB 1332 Drug abuse prevention services; good faith provider; liability....................................HB 827 Elimination of Double Recoveries Act; enact...............................................................HB 1330 Joint and Several Liability Abolition Act; enact.........................................................HB 1328
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INDEX
6113
TORTS (Continued) Medical malpractice.........................................................................................................HB 1522 Medical malpractice; definitions......................................................................................HB 721 Medical malpractice; provisions.....................................................................................HB 1336 Noneconomic Damage Awards Act; enact....................................................................HB 1327 Special damages; payments from collateral sources....................................................HB 1247 Truthful reports from certain persons; privileged communications............................SB 285 Uncompensated medical care; limitation on liability....................................................HB 681 Wrongful death; minor's recovery; guardianship...........................................................HB 181
TOURE', ASKIA MUHAMMED; commend..............................................................HR 1262
TOWNS COUNTY; board of education; members......................................................HB 2177
TOWNSEND, HONORABLE KILIAEN V. R.; commend....................................HR 1206
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) Bicycle and pedestrian facilities; request funds from Federal Highway Administration..............................................................................................HB 1036 Concord Covered Bridge in Cobb County; oppose highway through area ................HR 773 Counties and municipalities; airport outside boundary; Transportation Board approval....................................................................................HB 848 Erosion and Sedimentation Act; certain construction projects; minimum standards......................................................................................HB 1298 Highways; load limitations; dispersal of fines collected.............................................HB 1396 Logging trucks entering highway; warning signs for motorists; urge adoption of standard design.................................................................................HR 771 Mobile homes; 16 feet wide; single-trip permits..........................................................HB 1459 Mobile homes; 16 feet wide; single-trip permits.............................................................SB 611 Rives, Honorable Hal; commend..................................................................................HR 32EX Rives, Honorable Hal; commend on behalf of Augusta/Richmond County House delegation...........................................................................................HR 80EX Roadway lighting; provisions for state funding...........................................................HB 1563 Roadway lighting; urge alternative methods..................................................................HR 984 State Board; call for election of member from Fourth Congressional District..................................................................................................Page 208 State Board; call for election of member from Third Congressional District..................................................................................................Page 210 State Board; election; Honorable Charles W. (Chuck) McGrady; Fourth Congressional District ....................................................................................Page 209 State Board; election; Honorable Sam M. Wellborn; Third Congressional District ......................................................................................Page 211 State Board; removal of member for cause; filling vacancy .........................................SB 656 State Tollway Authority; private persons or entities; participation in projects...............................................................................................HB 1429 Transportation Trust Fund; create - CA.........................................................................SR 477
TRESPASSING Crimes; use of force against person forcibly entering habitation..............................HB 1638 Municipal courts; criminal trespass; certain jurisdiction ...........................................HB 1211
TRI-COUNTY HIGH SCHOOL GIRLS' BASKETBALL TEAM; commend ............................................................................................................HR 1138
TRIALS Capital cases; demand for trial; serve prosecutor and judge.....................................HB 1742
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6114
INDEX
TRIALS (Continued) Civil practice; cause of actions outside state; certain dismissal..................................HB 950 Civil practice; stay of proceedings; certain federal provisions.....................................HB 720
- Continuances; absence of attorney; General Assembly staff ........................................SB 310 Criminal procedure; disclosure of evidence; exceptions..............................................HB 1782 Demand for trial; serve assigned judge.........................................................................HB 1715 Driving under the influence; trial by jury; waiver..........................................................SB 525 Exhibits given as evidence; prohibit public inspection...............................................HB 1591 Felony; trial upon accusations; grand jury indictment...............................................HB 1136 Felony trials; size of jury panel; number of peremptory challenges.........................HB 1710 Firearms possession; prohibitions; exempt trial court clerk......................................HB 1569 Grand or trial jurors; eligibility to serve again; certain counties ..............................HB 1178 Juries; English language requirement ..............................................................................SB 504 Juries; equal number of peremptory challenges.............................................................SB 383 Juries; peremptory challenges; equal number..............................................................HB 1635 Jurisdiction and venue; transfer of indictment and accusation..................................HB 847 Jurors; certain rights and authority; court inform......................................................HB 1788 Probate courts; certain misdemeanor cases; jurisdiction............................................HB 1098 Probate courts; certain misdemeanor cases; jurisdiction............................................HB 1099
TRIMBLE, MATTIE; commend....................................................................................HR 1211
TRITT, TRAVIS; commend ............................................................................................HR 1109
TROUP COUNTY Board of commissioners; districts .....................................................................................SB 659 Board of education; districts..............................................................................................SB 856 Homestead exemption; certain residents......................................................................HB 1865
TRUSTS (Also, see Wills, Trusts and Administration of Estates) Beneficiary of will; appointment of administrator......................................................HB 1520 Courts; certain funds; deposit in interest-bearing trust accounts.............................HB 1592 Executors and trustees; certain investments; authorize.............................................HB 1821 Fiduciary powers; incorporation by citation; repealed statute.....................................SB 670 Financial institutions and attorneys; trust accounts...................................................HB 1097 Interest-bearing accounts; real estate brokers and salespersons...............................HB 1002 Local boards of education; additional powers.................................................................SB 721 Real estate; trust or escrow accounts; federally insured ............................................HB 1283 School superintendents; change applicable provisions; cc .nty to local; additional powers of local boards..................................................HB 1490 Self-proved will; testator and witnesses; affidavits.......................................................HB 556 Self-sufficiency Trust Fund for Mentally Disabled Persons; create...........................HB 689 Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact..................................................SB 269 Technology Related Assistance Trust Fund for Individuals with Disabilities - CA.....................................................................................................SR 146
TURMAN, GILBERT NATHANIEL "DOC"; commend.......................................HR 1132
TURNER COUNTY Board of commissioners; districts ..................................................................................HB 2004 Board of education; districts...........................................................................................HB 2002
TURNER, ROBERT EDWARD III; invite to address joint session.......................HR 814
"TWELVE NIGHTS OF SACRIFICIAL REVIVAL SERVICE"; commend .....HR 685
TWIGGS COUNTY Board of commissioners; election...................................................................................HB 2139
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INDEX
6115
TWIGGS COUNTY (Continued) Board of commissioners; Sunday meetings...................................................................HB 1254 Commissioner districts; composition.............................................................................HB 1244 -Education districts; composition....................................................................................HB 1245 Homestead exemption; certain residents......................................................................HB 2100 Probate judge; compensation..........................................................................................HB 1208 Refuse receptacles; population figures ..........................................................................HB 1310 Sheriff; compensation.......................................................................................................HB 1207 Superior court clerk; compensation...............................................................................HB 1209 Tax commissioner; compensation...................................................................................HB 1206
TWIGGS, HONORABLE RALPH; commend...........................................................HR 1042
TY TY, CITY OF; new charter.......................................................................................HB 1257
TYNER, BETTY JEAN; condolences.............................................................................HR 899
TYSON, LEAK; commend.................................................................................................HR 699
u
ULMER, JOHN WESLEY, JR.; compensate...............................................................HR 723
UMSTATTD, ROY; commend........................................................................................HR 1162
UNEMPLOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNIFORM RULES OF THE ROAD Alcoholic beverages; open container in vehicle; prohibitions.......................................HB 651 Alcoholic beverages; open container while driving or passenger; prohibit..........................................................................................................HB 254 Alcoholic beverages; open container while driving; prohibitions...................................SB 52 Certain traffic offenses; persons under age 18; suspend driver's license until 18................................................................................................................HB 868 Motor vehicles; accident reports; insurance information...........................................HB 1751 Motor vehicles; amend provisions.....................................................................................SB 505 Motor vehicles; moving or storing; liens..........................................................................SB 339 Motor vehicle theft prevention program; establish.......................................................HB 807 Nolo contendere plea; restrictions....................................................................................SB 516 Vehicles transporting certain agents; exempt from marking requirement....................................................................................................................HB 1570
UNION COUNTY; probate and municipal courts; jurisdiction; repeal certain provisions.....................................................................................................SB 689
"UNITED CEREBRAL PALSY MONTH" Recognize month of May.................................................................................................HR 1134 Recognize month of May.................................................................................................HR 1175
UNITY IN OUR COMMUNITY; commend................................................................HR 720
UNIVERSITY OF GEORGIA Law School's Moot Court Team and Coach; commend...............................................HR 862 1991 Football Team and Head Coach Ray Goff; commend........................................HR 811 Steel Band; invite to House............................................................................................HR 1073
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INDEX
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
JJPSON COUNTY; homestead exemption; certain residents ....................................HB 2104
USED CAR DEALERS Auctioneers and dealers; licensing provisions..............................................................HB 1637 Certificate of title; rebuilt vehicles................................................................................HB 1293 Parts dealers, dismantlers, rebuilders, and salvage dealers; amend provisions..........................................................................................................HB 1914
VALDOSTA, CITY OF; board of education; elections ..............................................HB 2107
VARNELL, CITY OF; new charter...............................................................................HB 1631
VENEREAL DISEASE AIDS; reports ......................................................................................................................HB 690 AIDS transmitting crimes; test and disclosure upon indictment................................HB 527 Inmates with infectious disease or HIV infected; notification.....................................SB 128 Marriage license; require HIV testing...........................................................................HB 1246 Marriage licenses; amend provisions .............................................................................HB 1822 Quality basic education; certain courses; amend provisions......................................HB 1837 Schools; sex education and AIDS prevention; sexual abstinence................................HB 675 Simple and aggravated AIDS battery; provide for offenses; penalties.......................HB 910 Sodomy; repeal certain provisions ...................................................................................HB 385
VETERANS' AFFAIRS Disabled veterans; license plates; joint ownership of vehicle with spouse .....................................................................................................SB 568 Drivers' licenses; requirements; clarification...................................................................SB 555 Employment preference; certain National Guard members .........................................SB 552 Guadalcanal veterans; urge Congress recognize and honor ..........................................SR 505 House Military Support and Assistance Study Committee; create............................HR 211 Motor vehicles; amend provisions.....................................................................................SB 505 Public employment; veterans' preference.....................................................................HB 1273 Special license plates; Pearl Harbor veterans; number required..............................HB 1853 Tags; distinctive plate; armed forces of United States..................................................SB 351 Tags; special plates for prisoners of war; include Persian Gulf War........................................................................................................................HB 1087 Veterans' drivers' licenses; qualifications ..........................................................................SB 69 Veterans' drivers' licenses; qualifications ........................................................................SB 199 Veterans' hospitals; urge Congress oppose use by nonveterans...................................SR 444 Veterans Memorial Parkway; designate..........................................................................HR 933
VETOES; communications from Governor.............................................................Pages 2, 4612
VICTIMS OF CRIMES Compensation; additional assessment for driving under the influence ......................SB 524 Compensation; Criminal Justice Coordinating Council serve as Crime Victims Compensation Board.......................................................................SB 751 Criminal procedure; presentence hearing; victim impact statement........................HB 1664 District attorneys; employ victim or witness assistance personnel...........................HB 1450 Prisoners; notification to victim of change in status..................................................HB 1452
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VICTIMS OF CRIMES (Continued) Publishing names; urge restraint by news media..........................................................HR 717 Restitution unclaimed after seven years; disposition..................................................HB 1721
VILLINES, COLONEL AUBREY T.; commend......................................................HR 1172
VITAL RECORDS Birth certificates; adoption or legitimation; amend provisions....................................SB 601 Birth certificates; amend provisions................................................................................HB 273 Birth certificates; include parents' social security numbers......................................HB 1401 Birth registration; social security numbers of parents................................................HB 1177 Child support; paternity; putative father registry.......................................................HB 1277 Common-law marriage; proof; certain evidence required.............................................HB 539 Death certificates; disposition of body permits; amend provisions..........................HB 1534 Hospice patients; pronouncement of death by registered nurse ...............................HB 1857 Hospice patients; pronouncement of death by registered professional nurses.................................................................................................................................SB 693 Marriage licenses; amend provisions .............................................................................HB 1822
VOCATIONAL EDUCATION Barbershops and schools; sanitary precautions; compliance......................................HB 1077 Community Education and Development Act; enact..................................................HB 1281 Georgia Military College; two-year limit; delete............................................................HB 842 Multiyear leases; Community Education and Development Act; grants....................SB 587 Pilot projects; decategorize funds ....................................................................................HB 744 Postsecondary institutions; certain immunizations; enrollment requirement...............................................................................................HB 1745 Proprietary schools; amend provisions..........................................................................HB 1997 Proprietary schools; exempt certain colleges and universities and certain institutes of paper science and technology..........................................HB 1693 Proprietary schools; fees....................................................................................................HB 318 Proprietary schools; tuition guaranty trust fund; establish.........................................HB 319 Quality basic education; courses at eligible institutions; high school credit.............................................................................................................SB 417 Schools; uniform scale of grading.....................................................................................HB 370 Special alternative incarceration; adult education courses; requirement.....................................................................................................HB 1688 State agencies and schools; include term "multiracial" on forms requesting racial identification..................................................................HB 1295 Study Commission on Postsecondary Technical and Adult Education Finance; create.............................................................................................HR 928 Study Commission on Postsecondary Technical and Adult Education Finance; create..............................................................................................SR 431 Technical and adult education; federal assistance; notification exemption.................................................................................................HB 1701 Technical and adult education; personnel actions ......................................................HB 1228 Technical and adult education; quick start training program...................................HB 1873 Tuition equalization grants; approved schools.............................................................HB 1287 Tuition equalization grants; define full-time student.................................................HB 1823
VOTING (Also, see Elections) Absentee ballots; courthouse serve as place to receive; population brackets......................................................................................................HB 1816 Ballots; order of names; randomized alphabet...............................................................HB 178 Campaign activities and public opinion polling; prohibit within 100 feet of polling place..................................................................................HB 2146 County merger or division; remove certain requirement - CA....................................HR 526 Elections; amend provisions............................................................................................HB 1372
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VOTING (Also, see Elections) (Continued) Elections; electors lists; absentee ballots; certain children in voting booth.......................................................................... U ..................HB 1369 Elections; plurality vote; exceptions................................................................................HB 100 Minors accompany parents in booth; authorization....................................................HB 1579 Municipal elections; utilize county voter registration system .....................................HB 205 Nomination petitions; amend provisions ........................................................................HB 197 Presidential preference primary; change date................................................................HB 196 Superior court judges; election...........................................................................................HB 99 Voter registration cards; certain reimbursement to counties ....................................HB 1380 Voting Rights Act of 1965; urge Congress apply provisions to every state.................................................................................................................HR 1085
w
WALDEN, NEAL T.; commend.....................................................................................HR 1067
WALESKA, CITY OF; new charter...............................................................................HB 2103
WALKER COUNTY Magistrate court; law library fees ..................................................................................HB 2168 Probate judge; personnel's compensation.....................................................................HB 1770 Superior court clerk; personnel's compensation ..........................................................HB 1771 Tax commissioner; personnel's compensation..............................................................HB 1773
WALKER COUNTY YOUNG FARMERS CHAPTER; invite to House ............HR 884
WALKER, DONALD S.; commend...............................................................................HR 1271
WALKER, HONORABLE BRENT; commend .........................................................HR 1226
WALKER, MARY W.; commend...................................................................................HR 1264
WALLACE, ALLEN M.; commend...............................................................................HR 1057
WALTER F. GEORGE TRIBUTE COMMISSION; create....................................HR 881
WALTON COUNTY Board of commissioners; districts..................................................................................HB 1803 Board of commissioners; meeting date; repeal; population figures...........................HB 2047 Board of education; districts...........................................................................................HB 2074
WANZER, TERRY; compensate..............................:........................................................HR 977
WARE COUNTY Board of education; election.............................................................................................HB 949 Board of education; repeal two local constitutional amendments; reconstitute board..............................................................................HB 24EX
WARE, HONORABLE JAMES CRAWFORD Condolences.....................................................................................................................HR 16EX Portrait in north anteroom of House; invite Mrs. Louise Dye Ware.........................HR 949
WARE, J. LOWELL; condolences....................................................................................HR 766
WAREHOUSING Ad valorem tax; freeport exemption; local option tax; time for election..............................................................................................................HB 198
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WAREHOUSING (Continued) Freeport tax exemption; continue....................................................................................HB 632 Grain dealer, commercial feed dealer, or warehouseman; annual license fee..........................................................................................................HB 1723 License and inspection fees.............................................................................................HB 1225
WARNER ROBINS, CITY OF Corporate limits..............................................................................................................HB 36EX Corporate limits................................................................................................................HB 2159
WARRANTS; filing of complaints; amend provisions....................................................SB 473
WASHINGTON COUNTY; convey property.................................................................SR 407
WATER AND WASTEWATER (Also, see Waters, Ports and Watercraft) Biomedical waste thermal treatment technology facilities; moratorium .....................HR 31 Biomedical waste thermal treatment technology facility; hazardous waste site.....................................................................................................HB 1169 Biomedical waste thermal treatment technology facility; prohibit; exception..........................................................................................................HB 381 Biomedical waste thermal treatment technology facility; prohibit; permit.................................................................................................................HB 82 Combined sewer overflow; sewage overflow treatment; compliance date................HB 1634 Commercial fertilizers; use of sludge; approval...........................................................HB 1955 Conservation; disposal of sludge; permit......................................................................HB 1280 Food labeling; spring water; definition..........................................................................HB 1497 Governor's Ground-water Advisory Council; create; protected fresh waters; prohibit certain vessels............................................................................SB 618 Hazardous waste facility; near groundwater recharge area; prohibit.......................HB 1091 Herty Foundation; tax exemptions..................................................................................HB 312 Individual sewage management systems; regulate.......................................................HB 1609 Irrigation contractors; licensing........................................................................................HB 559 Local option sales tax; projects other than road, street, or bridge.............................HB 598 Low-level radioactive waste; provisions...........................................................................HB 723 Public works contracts; retainage; interest; investment; payment ..............................SB 631 Solid waste facility; near certain Georgia lakes; prohibit.............................................HB 784 Toxic heavy metals in packaging; regulate.....................................................................HB 124 Treatment Plant Operators and Laboratory Analysts Board; add member ...........HB 1846 Uniform Conservation Easement Act; enact................................................................HB 1388 Water and sewer systems materials; counties publish standards ................................SB 119 Water and sewer systems; materials sold by county; requirements .........................HB 1255 Water companies; unpaid charges; limited liens ..............................................................SB 10 Water quality; limits on phosphorus discharged into Chattahoochee River.......................................................................................................SB 381 Water system services; rates, fees, charges; county set..............................................HB 1057 Water well contractors; continuing education program; provisions..........................HB 1477 Water well contractors; license renewal; examination ..................................................HB 748
WATERS, HONORABLE MAXINE; commend.......................................................HR 1056
WATERS, PORTS AND WATERCRAFT Ad valorem tax; boats; functional location...................................................................HB 1263 Ad valorem tax; exempt certain boats outside state...................................................HB 1956 Alcoholic beverage sales; passenger vessels ......................................................................HB 49 Aquatic Weed Control Act; enact..................................................................................HB 1552 Boat docks on state owned lakes in state parks; urge study by Department of Natural Resources.............................................................HR 1243 Boat Safety Act; amend provisions..................................................................................HB 707 Boats and personal watercraft; regulate operation.........................................................SB 474
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WATERS, PORTS AND WATERCRAFT (Continued) Certain fish; possession limits; prohibit transfer at sea.............................................HB 1660 Coastal marshlands; amend provisions..........................................................................HB 1389 Conservation; disposal of sludge; permit......................................................................HB 1280 Erosion and Sedimentation Act; certain construction projects; minimum standards......................................................................................HB 1298 Excise tax; state and county; solid minerals severance................................................HB 696 Game and fish; amend fee provisions; registration of vessels; increase fees.....................................................................................................HB 1392 Georgia Ports Authority; membership.............................................................................SB 679 Georgia Safe Dams Act; certain orders; filing requirements ........................................SB 522 Governor's Ground-water Advisory Council; create; protected fresh waters; prohibit certain vessels............................................................................SB 618 Hazardous substance or oil spills; actions for damages..............................................HB 1559 Hazardous waste facility; near groundwater recharge area; prohibit.......................HB 1091 Marinas; state owned marshland; delete certain prohibition....................................HB 1134 Mountain and river protection; single-family dwelling; certain exception...........................................................................................................HB 1516 Personal watercraft; definition and provisions ............................................................HB 1323 Private property rights; certain legislation; urge Congress enact...............................HR 998 Protection of Tidewaters Act and Right of Passage Act; enact................................HB 1390 River basin management plans; development; approval...............................................SB 637 Shore Assistance Act; repeal; Shore Protection Act; enact...........................................SB 725 Solid waste facility; near certain Georgia lakes; prohibit.............................................HB 784 Solid waste reduction; counties and municipalities encouraged to exceed goals.....................................................................................................................HB 590 Trout waters without seasons; add certain streams.......................................................SB 672 Upper Savannah River Development Authority; amend provisions.........................HB 1767 Vegetative barrier along stream banks; variances by certain entities......................HB 1274 Water quality; limits on phosphorus discharged into Chattahoochee River.......................................................................................................SB 381 Water safety; urge school systems adopt programs ....................................................HR SEX
WAYCROSS, CITY OF; certain offense; first offender status .................................HB 2017
WAYNE COUNTY Junkyards along highways; regulate..............................................................................HB 2182 State court judge and solicitor; compensation.............................................................HB 2180
WEAPONS Disposition of property; forfeiture of firearms; certain offenses False or facsimile bombs; prohibitions............................................................................HB 107 Gun safety training for children; urge education of adults .......................................HR 1090 Pistols and revolvers; sales by dealer; required procedure..........................................HB 278 Storage in locked container...............................................................................................HB 277
WEBSTER, HONORABLE ISABEL GATES; condolences....................................HR 765
WEIGHTS AND MEASURES Highways; load limitations; dispersal of fines collected.............................................HB 1396 Mobile homes; 16 feet wide; single-trip permits..........................................................HB 1459 Mobile homes; 16 feet wide; single-trip permits.............................................................SB 611 Motor vehicles; failure to secure load; points ..............................................................HB 1487 Motor vehicles; projecting load; flag requirement.........................................................HB 568 Schedule of fees ................................................................................................................HB 1193 Vehicle loads; certain widths and lengths; amend provisions....................................HB 1904 Vehicle loads; length of automobile carriers ................................................................HB 1905
WELFARE (See Social Services)
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WELLS, MR. AND MRS. ALBERT; commend........................................................HR 1093
WEST, CLARA; commend.................................................................................................HR 679
WESTERN JUDICIAL CIRCUIT; add judge ..........................................................HB 1784
WESTOVER HIGH SCHOOL BOYS' BASKETBALL TEAM; invite to House..................................................................................................HR 1076
WETLANDS Federal manual; urge Congress to mandate changes....................................................HR 114 Property; public road purposes; wetland mitigation.....................................................HB 674 Wetlands Conservation Study Committee; continue....................................................HR 789
WHALEN, HONORABLE ANDREW J., JR.; commend.........................................HR 751
WHITE COUNTY; certain property conveyance; repeal Act authorizing..................SR 375
WHITFIELD COUNTY Ad valorem tax; interest on delinquent taxes; population brackets.........................HB 1878 Alcoholic beverages; Sunday sales; population brackets ............................................HB 1882 Conasauga Judicial Circuit; certain investigators; arrest powers.................................SB 850 Grant easement....................................................................................................................SR 378 Homestead exemption applications; population brackets; exclude Carroll County................................................................................................HB 1885 Mobile home permits; population brackets..................................................................HB 1880 Tax returns; time for presentation; population brackets...........................................HB 1883
WILCOX COUNTY Board of commissioners; districts..................................................................................HB 1786 Board of education; districts...........................................................................................HB 1787 Grant easement...................................................................................................................HR 787
WILDLIFE Amend provisions .............................................................................................................HB 1322 Falconry; amend provisions.............................................................................................HB 1418 Hunting and fishing privileges; suspension..................................................................HB 1365 Hunting; prohibitions; designate Pogo 'Possum official state 'possum....................HB 1548 K. T. Kennedy Reef; designate........................................................................................HR 500 Live fox; trapping and selling; provisions.....................................................................HB 1668 Off-road vehicles; registration provisions......................................................................HB 2124 Pogo 'Possum; designate official state 'possum...........................................................HB 1325
WILKINSON COUNTY Commissioner districts; composition.............................................................................HB 1168 Education districts; composition....................................................................................HB 1167 Homestead exemption; certain residents......................................................................HB 2091 Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority; procedure for withdrawal of municipality.............................................HB 4EX
WILKINSON COUNTY HIGH SCHOOL BOYS' BASKETBALL TEAM; commend ............................................................................HR 1137
WILLIAMS, CAREY JONES, SR.; condolences.....................................................HR 21EX
WILLIAMS, CELESTE COPELAN; condolences..................................................HR 33EX
WILLIAMS, IRA E., JR.; condolences...........................................................................HR 846
WILLIAMS, JAY ROBERT; recognize birth...........................................................HR 23EX
WILLIAMS, SANDRA G.; commend.........................................................................HR 20EX
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WILLIAMSON, CITY OF; new charter.......................................................................HB 1958
WILLIS, BETTY; condolences..........................................................................................HR 739
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Administrator, executor, or guardian; distributing fiduciary; commission...................................................................................................HB 1521 County administrator; appointment in certain counties by probate judge; population figure .............................................................................SB 753 Executors and trustees; certain investments; authorize.............................................HB 1821 Fiduciaries; powers incorporated by reference; certain Code provision...................HB 1249 Fiduciary powers; incorporation by citation; repealed statute.....................................SB 670 Living wills; life-sustaining procedures; amend provisions..........................................HB 968 Living wills; life-sustaining procedures; conditions for withholding ...........................SB 605 Lost or destroyed will; copy accepted for probate........................................................HB 440 Lost or destroyed will; presumption of revocability; applicability ..............................SB 828 Real estate; trust or escrow accounts; federally insured ............................................HB 1283 Self-proved will; testator and witnesses; affidavits.......................................................HB 556 Trusts; beneficiary of will; appointment of administrator.........................................HB 1520 Unrepresented estate; temporary administrator; appointment; powers...................HB 2037 Year's support; certain items; delete provisions............................................................HB 541
WILSON, LUTHER H., JR.; commend.........................................................................HR 777
WINE (Also, see Alcoholic Beverages and Alcoholism) Alcoholic beverage caterers; licensing; prohibitions.......................................................SB 319 Certain excise taxes; increase..........................................................................................HB 1636 Certain sales on election day; prohibit.............................................................................SB 549 Farm wineries in state; wine in bond; sell to each other.............................................HB 756 Farm wineries; Sunday sales; remote tasting rooms.....................................................HB 676 Refunds or credits for taxes; manner of collecting taxes..............................................SB 774 Table wines and dessert wines; first sale, use, or final delivery; state excise tax..............................................................................................HB 1741
WINE AND SPIRITS WHOLESALERS OF GEORGIA; commend.................HR 1064
WITHERS, MR. JEAN D.; commend ............................................................................HR 847
WITNESSES Civil practice; depositions by telephone..........................................................................HB 729 Criminal procedure; disclosure of evidence; exceptions..............................................HB 1782 Criminal procedure; discovery; statement.......................................................................HB 714 District attorneys; employ victim or witness assistance personnel...........................HB 1450 Evidence; Georgia Bureau of Investigation; written scientific reports..........................SB 59 Evidence; revise Code...........................................................................................................SB 51 Expert testimony; amend provisions.............................................................................HB 1547 Law enforcement officers; complaints against; establish criteria................................HB 854 Law enforcement officers; fees .........................................................................................HB 148 Law enforcement officers; fees .......................................................................................HB 1830 Police officers; fees.............................................................................................................HB 161
"WOMEN'S DAY AT THE CAPITOL"; declare 1/27/92 .........................................HR 686
"WOMEN'S HISTORY MONTH"; designate March, 1991.......................................HR 378
WOODSTOCK, CITY OF; corporate limits.................................................................HB 1603
WORKERS' COMPENSATION Action against third-party tort-feasors ...........................................................................HB 144 Allowable medical charges; determination.......................................................................SB 687 Amend provisions .............................................................................................................HB 1550
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WORKERS' COMPENSATION (Continued) Amend provisions .............................................................................................................HB 1679 Certain nonprofit groups; coverage..................................................................................HB 307 "Certain trust fund; General Assembly provide by law - CA........................................HR 863 Comprehensive revision of provisions ..............................................................................SB 629 Definition of employee; exclude certain volunteers ....................................................HB 1001 Employer's failure to pay; penalty...................................................................................HB 550 Health benefits; pilot projects ........................................................................................HB 1709 Health benefits; pilot projects; approval; local governments; group self-insurance fund......................................................................SB 723 Injured employees; designated physician; provisions....................................................HB 349 Insurance rates; adverse experience modification factors; restrictions.....................................................................................................................HB 1476 Joint Workers' Compensation Study Committee; create .............................................HR 182 Rehabilitation benefits; catastrophic injury...................................................................HB 815 Rejected policies; vendors of logging services.................................................................SB 701 Revise provisions...............................................................................................................HB 1082 Rights of employees............................................................................................................HB 407 State officers and employees; consolidated insurance program ................................HB 1933 Subrogation of employer's rights......................................................................................HB 222 Torts; Elimination of Double Recoveries Act; enact...................................................HB 1330 Workers' Compensation Study Commission; create....................................................HB 2083 Workers' Compensation Trust Fund; General Assembly provide by law - CA.........SR 475
"WORKSHOPS TO PREPARE COURT FUTURES IN GEORGIA" Commend...........................................................................................................................HR 1089
WORLD CONGRESS CENTER; Aderhold, Chairman John E.; commend HR 1044
WORTH COUNTY Board of commissioners; districts ..................................................................................HB 2003 Board of education; districts...........................................................................................HB 2005 Department of Family and Children Services and Community Preservation Project; commend................................................................................HR 49EX State court judge; salary..................................................................................................HB 2025
WRENS, CITY OF; councilmen; election......................................................................HB 1455
WRIGHT, LILLIE OF MOUNT ZION BAPTIST CHURCH; commend ........HR 1279
WRIGHT, WILLIAM BARRY; commend....................................................................HR 999
YEAR OF AMERICAN INDIAN; urge President to proclaim 1992.....................HR 1204 YEARWOOD, TRISHA
Commend...........................................................................................................................HR 1110 Commend.........................................................................................................................HR 67EX YOUNG-CUMMINGS, HONORABLE MARY; communication.......................Page 3884
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z
ZONING Airports; certain acquisitions; zoning laws .......................................................................HB 46 Campaign contributions; rezoning applicants; disclosure..............................................SB 527 Certain counties; create separate planning commissions for major communities...................................................................................................HB 825 Counties and municipalities; adult entertainment; urge regulation...........................HR 897 Covenants running with the land; petition to extend; name verification ..........................................................................................................HB 2066 Hearings; speakers submit campaign contribution disclosure...................................HB 2061
Planning and zoning; counties to exercise powers in inactive municipalities .................................................................................................HB 1408
PART II
HOUSE BILLS
HB 6 --Motor vehicle insurance; uninsured motorist; stacking of coverage.........................................................................No Action
HB 9 --State Boxing and Wrestling Commission; create.................................No Action HB 10 --Jury list compilation; include motor vehicle
registrants..........................................................................................No Action HB 12 --Aliens; prohibit ownership of public utilities.......................................No Action HB 13 --Safety belts; failure to use; penalty .......................................................No Action HB 15 --License plates; county decal; prohibitions............................................No Action HB 16 --Fulton County; board of education retirement
system; 30 years................................................................................No Action HB 17 --Motor vehicle insurance; medical expenses;
dollar amount....................................................................................No Action HB 18 --Schools; corporal punishment.................................................................No Action HB 19 --Motor fuel; repeal second tax.................................................................No Action HB 20 --Lobbying; registration of representatives of
state agencies....................................................................................No Action HB 21 --Juries; Public Safety Department; furnish certain list.......................No Action HB 22 --Alcoholic beverages; purchase by persons age
21 or younger; penalty................................................................426, 469, 491 HB 23 --Driver's license; age 18 or under; education
requirements .....................................................................................No Action HB 24 --Divorce; additional fee; fund for domestic
violence shelters................................................................................No Action HB 25 --Mandatory education; age requirement.................................................No Action HB 27 --Traffic cases; additional assessment; costs
for binding over................................................................................No Action HB 28 --Crime of incest; limitation on prosecutions..........................................No Action HB 30 --Pricing and Advertising of Consumer Items
Act of 1991; enact.............................................................................No Action HB 31 --Food Act; retail groceries; price on package.........................................No Action HB 37 --Teachers Retirement System; creditable service;
Employees' Retirement System...................................................37, 63, 1341 HB 38 --Employees' Retirement System; disability
beneficiaries; income limitations.............................................219, 352, 1341 HB 39 --Certain retirement systems; reestablishing
creditable service ...........................................................................37, 65, 1341 HB 41 --Employees' Retirement System; new agencies;
membership....................................................................................37, 70, 1341 HB 45 --Airports; extraterritorial condemnation of
property; prohibit.............................................................................No Action HB 46 --Airports; certain acquisitions; zoning laws............................................No Action HB 48 --Jekyll Island-State Park Authority; membership................................No Action HB 49 --Alcoholic beverage sales; passenger vessels...........................................No Action
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HB 50 --Lottery materials and equipment; out-of-state sales; change number of free replays ............................................No Action
HB 51 --Alcoholic beverages; consumption on premises; prohibitions.......................................................................................No Action
HB 52 --Alcoholic beverages; package stores; certain prohibitions.......................................................................................No Action
HB 53 --State flag; change design .........................................................................No Action HB 54 --Dog racing; authorize pari-mutuel wagering.........................................No Action HB 55 --Horse racing; authorize pari-mutuel wagering .....................................No Action HB 56 --Sodomy and aggravated sodomy; change description
of offenses..........................................................................................No Action HB 57 --Excise tax; public accommodations; nonprofit
organizations .....................................................................................No Action HB 58 --Casino gambling; authorization; Gaming Commission;
membership.......................................................................................No Action HB 59 --General Assembly; certain committees; subpoena powers..................No Action HB 60 --Waste management; municipal solid waste;
certain requirements........................................................................No Action HB 61 --Alcoholic beverages; persons under age 21;
prohibitions from certain premises ...............................................No Action HB 62 --Malt beverages; production for home consumption ............................No Action HB 64 --Driving under the influence; alcohol concentration
level....................................................................................................No Action HB 65 --Driving under the influence; driver's license
suspension .........................................................................................No Action HB 71 --Schools; compulsory attendance; age.....................................................No Action HB 73 --Airports; acquisition, construction, and maintenance;
required consent...............................................................................No Action HB 74 --Driving under the influence; habitual violator;
forfeiture............................................................................................No Action HB 75 --Driving under the influence; alcohol concentration
level....................................................................................................No Action HB 76 --County and school district project; special
purpose sales tax ..............................................................................No Action HB 77 --Driving under the influence; third conviction;
treatment...........................................................................................No Action HB 79 --Environmental Protection Division; director; provide........................No Action HB 80 --Department of Environmental Protection; create ...............................No Action HB 81 --Teachers Retirement System; postretirement
benefit adjustment...........................................................................No Action HB 82 --Biomedical waste thermal treatment technology
facility; prohibit permit...................................................................No Action HB 83 --Sentence review panel; repeal certain provisions.................................No Action HB 86 --Trafficking in marijuana; penalty ..........................................................No Action HB 87 --Juvenile proceedings; designated felony; drug
trafficking..........................................................................................No Action HB 88 --Acupuncturists; regulation.......................................................................No Action HB 89 --Motor vehicle insurance; uninsured motorist;
stacked coverage...............................................................................No Action HB 90 --Motor vehicle insurance; serious injury; definition .............................No Action HB 91 --Consumer Auto Insurance Affordability Act of 1991;
enact...................................................................................................No Action
HB 92 --State government; purchasing; acquisition of products produced in United States...................................................1036
HB 95 --Waste management; recycled content newsprint.................................No Action
HB 98 --Superior courts; single-member districts; residency requirements....................................................................No Action
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HB 99 --Superior court judges; election ...............................................................No Action HB 100 --Elections; plurality vote; exceptions ......................................................No Action HB 101 --Investment of state funds; South Africa; prohibitions........................No Action HB" 102 --Investment of state funds; South Africa; prohibitions........................No Action HB 103 --Local governments and boards of education;
single-member districts...................................................................No Action HB 104 --Counties; boards of commissioners; single-member
districts..............................................................................................No Action HB 105 --Sales tax exemption; food consumed off premises ..............................No Action HB 106 --Death penalty; eliminate..........................................................................No Action HB 107 --False or facsimile bombs; prohibitions..................................................No Action HB 108 --State Boxing and Wrestling Commission; create.................................No Action HB 109 --Merit system; hearings; employee representation................................No Action HB 110 --Death penalty; televise executions.........................................................No Action HB 111 --Local governments; fair rent commission..............................................No Action HB 112 --Merit system; employees; sick leave ......................................................No Action HB 113 --Annexation; comprehensive revision of provisions;
unincorporated islands..........................................483, 500, 876, 3017, 3091, 3246, 3249, 3762, 3938, 3997, 4202
HB 114 --Laundry and dry cleaning equipment; regulation; certain exception..............................................................................No Action
HB 115 --Driving under the influence; additional penalties...............................No Action HB 116 --Judicial vacancies; Judicial Nominating Commission;
provide assistance.............................................................................No Action HB 119 --General Assembly; expense accounts; required
documentation..................................................................................No Action HB 121 --Airports; acquisition; consent of electors..............................................No Action HB 124 --Waste management; toxic heavy metals in packaging;
regulate.........................................................................1076, 1465, 3594, 4062 HB 126 --Depositions and discovery; filing certificate
of service............................................................................................No Action HB 128 --Motor vehicle insurance; notice of claim by
injured party.....................................................................................No Action HB 130 --Health care; indigent and elderly patients;
ventilator assistance.........................................................................No Action HB 131 --Pharmacists; equivalent name drugs or generic drugs........................No Action HB 135 --Health insurance; certain coverage; repeal limitations .......................No Action HB 136 --Pharmacists; license hearings; certain disabilities...............................No Action HB 137 --Hydromorphone oral tablets; prohibit oral prescription ....................No Action HB 138 --Employees' Retirement System; 32 years service................................No Action HB 142 --Schools; age range per grade...................................................................No Action HB 143 --Engineers and land surveyors; amend provisions................................3593, 3929 HB 144 --Workers' compensation; action against third-party
tort-feasors.....................................................................................No Action HB 147 --Alcohol and drug education course; fees...............................................No Action HB 148 --Law enforcement officers; witness fees..................................................No Action HB 150 --Alcohol beverages; possession by persons under age 21;
driver's license suspension; complete certain program...........................................................426, 474, 492, 893, 2656, 3284, HB 151 --Bad checks; prosecution by subsequent holder....................................No Action HB 152 --Driving under the influence; eliminate nolo contendere plea.................................................................................No Action HB 153 --Equal Employment Opportunity Act; enact.........................................No Action
HB 154 --Sales tax exemption; food and telephone service ................................No Action HB 155 --Juvenile court; transferred case; death penalty
prohibition.........................................................................................No Action HB 156 --Retirement and pension funds; prohibit investments
6128
in institutions with outstanding loans to South Africa......................................................................................No Action HB 157 --Retail facilities; public rest room ...........................................................No Action -HB 158 --Motorcycles; headgear and eye protective devices; change requirement..........................................................................No Action HB 159 --Driving under the influence; first offenders; education/intervention program.....................................................No Action HB 160 --Private detective or security agency; denial of license..................................2098 HB 161 --Police officers; witness fees.....................................................................No Action HB 162 --Council of Special Court Judges; create................................................No Action HB 163 --Driving with suspended license; increase penalty................................No Action HB 164 --Alcohol and drug courses; fees................................................................No Action HB 165 --Ignition interlock device; condition of probation for driving under the influence......................................................No Action HB 166 --Counties and municipalities; acquire property for airport runways; referendum..........................................................No Action HB 169 --Joint Legislative Commission on Future Strategies; create..................................................................................................No Action HB 176 --Colleges; Matthews-Dent scholarships; establish.................................No Action HB 178 --Ballots; order of names; randomized alphabet.....................................No Action HB 180 --Children; certain cases; provide legal counsel......................................No Action HB 181 --Wrongful death; minor's recovery; guardianship.................................No Action HB 183 --Superior Court Judges Retirement; creditable service...............................37, 67 HB 184 --District Attorney's Retirement System; membership.......................37, 70, 1917 HB 185 --Physical therapists; licenses; State Board's authority.........................No Action HB 189 --Public officers and employees; loyalty oath; delete certain reference ...................................................................No Action HB 190 --Alien; employment loyalty oath; delete certain reference ............................................................................................No Action HB 191 --Public officers and employees; loyalty oath; change provisions.............................................................................No Action HB 192 --Massage therapists; regulations..............................................................No Action HB 193 --School textbooks; purchasing by local systems....................................No Action HB 194 --Health insurance; benefits for certain district attorney personnel ...........................................................................No Action HB 196 --Presidential preference primary; change date to first Tuesday in March...........................................................................62, 79 HB 197 --Elections; nomination petitions; requirements.................................................139 HB 198 --Ad valorem tax; freeport exemption; local option tax; time for election......................................................................................92 HB 200 --Elections; qualifying fees; form of payment.........................................No Action HB 203 --Employees' Retirement System; GeorgiaNet Authority employees; membership................................................................37, 75, 2448 HB 205 --Municipal elections; utilize county voter registration system...........................................................................No Action HB 206 --Elections; Public Safety examiners; deputy registrars..........................910, 1283 HB 207 --Georgia Crime Information Center; criminal history records; availability to county registrars.......................................37 HB 211 --Probate court judges; nonpartisan election ..........................................No Action HB 212 --Juvenile proceedings; jurisdiction; prohibit for certain crimes....................................................................................No Action HB 213 --Probate courts; fees for certain hearings....................................3830, 3968, 4202 HB 214 --Anesthesiologists; supervise four physician's
assistants............................................................................................No Action HB 216 --Teachers Retirement; creditable service; pregnancy
leave.................................................................................................37,71, 1917
HB 218 --MARTA; annual report; public notice...................................................No Action
6129
HB 219 --MARTA; security and police force; powers..........................................No Action HB 221 --MARTA; certain reserve funds; change date .......................................No Action HB 222 --Workers' compensation; subrogation of employer's rights .................No Action HB 225 --Proprietary schools specializing in religious
instruction; exemption.....................................................................No Action HB 228 --Accident and sickness insurance; reimbursements for
certain service...................................................................................No Action HB 229 --Campaign contributions; unopposed candidates;
disclosure...........................................................................................No Action HB 230 --State contracts; minority business participation .................................No Action HB 231 --Housing authority police; powers...........................................................No Action HB 233 --Ad valorem tax; fair market value; federal or state
restrictions on property use..........................................................................92 HB 234 --Sales tax exemption; certain sales by schools ......................................No Action HB 235 --Public officials; vacancies in office; appointments ..........................................922 HB 239 --Superior court judges; appointment.......................................................No Action HB 240 --Criminal procedure; limitations on prosecution tolled
for certain offenses; victim under age 16 .................................2322, 3295 HB 242 --Controlled substances; offense by law enforcement
officer or prison guard; felony........................................................No Action HB 243 --Child custody; interference with visitation rights;
define offense....................................................................................No Action HB 244 --Certain prisoners and probationers; mandatory educational
instruction ...................................................................................................2658 HB 245 --Motor vehicles; amend Code...................................................................1414, 3591 HB 246 --Sandy Springs, City of; incorporate.......................................................No Action HB 248 --Prison inmates or personnel; random drug testing .............................No Action HB 249 --Controlled substances; forfeiture; use of proceeds...............................No Action HB 250 --Ad valorem tax; millage rate; publication requirement......................No Action HB 252 --Georgia Commission on Public Education Progress;
establish.............................................................................................No Action HB 253 --Controlled substances; certain violations; prohibit
first offender status .........................................................................No Action HB 254 --Alcoholic beverage; open container while driving or
passenger; prohibit...........................................................................No Action HB 255 --Public employees; certain final conviction;
ineligible for office ...........................................................................No Action HB 260 --License plates; special and prestige tags; annual fee ..........................No Action HB 262 --Consumers' utility counsel; change automatic repeal .........................No Action HB 265 --Teachers Retirement; certain employees of Professional
Practices Commission......................................................................No Action HB 267 --Dentists; continuing education ...............................................................No Action HB 270 --Employees' Retirement; certain district attorney
employees ..........................................................................................No Action HB 273 --Birth certificates; amend provisions......................................................No Action HB 275 --Schools; smoking prohibitions.................................................................No Action HB 277 --Firearms; storage in locked container................................965, 1670, 2447, 3275,
3960, 4186, 4234, 4424, 4433, 4578, 4588 HB 278 --Pistols and revolvers; sales by dealer;
required procedure...........................................................................No Action HB 282 --Seat belts; failure to use; additional violations....................................No Action HB 286 --Supplemental appropriations; FY 1991-92 ...........................................No Action
HB 297 --DUI alcohol or drug use risk reduction programs...............................No Action HB 298 --Family violence or protective order violations; arrest
without warrants..............................................................................No Action
HB 299 --Judicial Nominating Commission; provide...........................................No Action
HB 300 --Driving with suspended license; increase penalty................................No Action
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HB 301 --Proprietary schools; job placement of graduates.................................No Action HB 302 --Georgia Children and Youth Overview Committee; create................No Action HB 304 --State contracts; prohibitions; person, firm or
corporation convicted of discrimination.......................................No Action HB 305 --Educational loans; certain teachers; service cancelable......................No Action HB 306 --State employees' benefit plans; include certain nonprofit
groups.................................................................................................No Action HB 307 --Workers' compensation; certain nonprofit groups;
coverage .............................................................................................No Action HB 308 --Juries; list for commercial purposes; prohibit......................................No Action HB 309 --Employees' Retirement System; reemployment penalties;
over 1040 hours..............................................................................37, 72, 2218 HB 310 --Legislative Retirement; return to service; less
than 1040 hours.............................................................................37, 73, 2448 HB 311 --Teachers Retirement System; disability; effective
date..............................................................................................483, 891, 1917 HB 312 --Herty Foundation; tax exemptions........................................................No Action HB 314 --Motor vehicle insurance; comprehensive revision................................No Action HB 318 --Proprietary schools; fees......................................................................................462 HB 319 --Proprietary schools; tuition guaranty trust fund;
establish.............................................................................................H62, 3916 HB 321 --School systems; multiyear lease, purchase, or lease
purchase contracts; real property limitations..............................No Action HB 322 --Atlanta, City of; contracts for criminal justice
facility; repeal certain provisions...................................................No Action HB 324 --Property exchanged for criminally derived funds;
unlawful transaction..................................................................................4586 HB 325 --Accident and sickness insurance policies;
coordination of benefits; notice......................................................No Action HB 328 --Clinical laboratories; examination of human specimens;
request by chiropractors..................................................................No Action HB 330 --Cobb County; ad valorem tax; millage rate..........................................No Action HB 331 --Criminal solicitation; increase penalty ..................................................No Action HB 332 --Sales tax exemption; durable medical equipment
and prosthetic devices; certain purchases..........................2585, 2675, 4205 HB 336 --Contractors; sales tax on execution of subcontracts;
bond....................................................................................................No Action HB 337 --Sales and use tax exemption; industrial materials;
electricity excluded..........................................................................No Action HB 339 --Corporations; certain foreign income; taxable......................................No Action HB 341 --Tax executions; surety bond for condemnation money ......................No Action HB 342 --General primary and nonpartisan primary; change date....................No Action HB 345 --South Georgia Judicial Circuit; add judge............................................No Action HB 346 --Teachers Retirement System; reestablishing creditable
service.................................................................................................No Action HB 347 --Claimant's request; insurer's failure to comply;
sanctions............................................................................................No Action HB 348 --Generic substitute for topically applied drugs;
limitations..........................................................................................No Action HB 349 --Workers' compensation; injured employees; designated
physician; provisions........................................................................No Action HB 352 --Motor vehicle insurance; notice of cancellation...................................No Action
HB 353 --Teachers Retirement System; attendance officers; membership............................................................................1036, 1539, 4206
HB 354 --Lookout Mountain Judicial Circuit; add judge.......................60, 132, 920, 1362 HB 357 --Ad valorem tax; freeport exemption; property valuation...................No Action
HB 358 --DUI alcohol or drug use risk reduction programs;
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instructors; criminal records checks..............................................No Action HB 363 --Driving under the influence; alcohol concentration
level....................................................................................................No Action HB 364 --Driving under the influence; third or subsequent
conviction; increase penalty............................................................No Action HB 365 --Sales tax; exempt certain purchases for charitable
purposes.............................................................................................No Action HB 367 --Residential utility service; deposit requirements.................................No Action HB 368 --Minors; working hours; prohibitions......................................................No Action HB 369 --Certain counties; municipal corporation minimum boundary
requirements; exception..................................................................No Action HB 370 --Schools; uniform scale of grading...........................................................No Action HB 371 --County attorneys; authorization; residency requirements..................No Action HB 372 --Teachers and substitute teachers; daily planning period...................No Action HB 373 --Teachers; duty-free lunch periods..........................................................No Action HB 375 --Firearms; regulation by state; exclusions..............................................No Action HB 381 --Biomedical waste thermal treatment technology
facility; exception to prohibition ...................................................No Action HB 382 --Motor common carrier; Public Service Commission
license plate; requirement...............................................................No Action HB 384 --State or political subdivision; answer of garnishment;
charges...............................................................................................No Action HB 385 --Sodomy; repeal certain provisions..........................................................No Action HB 391 --Professional school personnel; certification; waive
certain fees........................................................................................No Action HB 392 --Teachers Retirement System; unused sick leave;
creditable service..............................................................................No Action HB 393 --Quality basic education; midterm adjustment; program
adjustment.........................................................................................No Action HB 394 --Employees' Retirement System; death of spouse;
new spouse's benefit..................................................................219, 382, 2323 HB 401 --Sales tax; exempt food.............................................................................No Action HB 404 --Quality basic education; certain psychiatric or
psychological courses; boards adopt policies................................No Action HB 405 --Child custody; age at which a child chooses custodial
parent.................................................................................................No Action HB 407 --Workers' compensation; rights of employees........................................No Action HB 408 --Psychologists; powers and functions..........................................................438, 977 HB 409 --Probation supervisors; compensation supplement...............................No Action HB 410 --Tax digest; conditional approval............................................................No Action HB 411 --Tax digest; appeal of rejection................................................................No Action HB . 414 --Tax digest; disapproval by commissioner; assessment........................No Action HB 415 --Tax digest; disapproved; collection authorization ...............................No Action HB 418 --State property; lease or rental approval; State
Properties Commission....................................................................No Action HB 419 --Waste disposal; public and private services; regulation......................No Action HB 421 --Employees' Retirement System; certain military service
credit..................................................................................................No Action HB 424 --Hospital authorities; state grants for public health
purposes.............................................................................................No Action HB 425 --Driving under the influence; fourth through sixth
convictions; penalties.......................................................................No Action HB 426 --Child Support Recovery Act; amend provisions..................................1909, 2733
HB 430 --Real Estate Commission; terms of office ..............................................No Action
HB 431 --Certain lease agreements; discharge of sales and use tax................................................................................................No Action
HB 432 --Smoking in food establishments; prohibitions .....................................No Action
6132
HB 433 --Motor vehicle insurance; surcharge; prohibition..................................No Action HB 435 --Property acquired by state; reduced ad valorem
tax liability........................................................................................No Action HB 440 --Wills; lost or damaged; copy accepted for probate..............................No Action HB 444 --Domestic violence; specialized training for peace
officers................................................................................................No Action HB 445 --Child custody; revise provisions .............................................................No Action HB 447 --Domestic violence cases; spouse compelled to testify .........................No Action HB 451 --Driver's license suspension; refusing chemical test;
certain traffic accident; definition.....................................................257, 989 HB 452 --Employees' Retirement System; certain law enforcement
officers; contributions......................................................................No Action HB 453 --School closing; certain conditions; certain personnel
authorized to leave...........................................................................No Action HB 456 --Income tax; capital gains adjustment......................................................127, 3317 HB 457 --Burial grounds, human remains, and burial objects;
protection................................................................................!909, 2220, 3595 HB 458 --Child; born or unborn; unlawful to sell.................................................No Action HB 459 --Alcoholic beverages; Sunday sales; remove prohibition......................No Action HB 460 --Pistol or revolver; license to carry; five-hour
training...............................................................................................No Action HB 463 --Ad valorem tax, definitions; tangible property,
assessment.........................................................................................No Action HB 466 --Ad valorem tax; real estate transfer tax; filing....................................No Action HB 467 --Municipal elections; terms; General Assembly change
by local law .......................................................................................No Action HB 471 --Pawnbrokers; regulation and licensing..................................................No Action HB 472 --Medical assistance; certain drugs; prior authorization
and approval .....................................................................................No Action HB 473 --Driver's license examiners; serve as deputies to
certain boards of registrars.............................................................No Action HB 477 --Proprietary schools; additional limited exemption..............................No Action HB 479 --Supreme Court Justices and Appeals Court Judges;
certain retirement benefits; delete provisions .............................No Action HB 481 --Waste management; scrap tire disposal; regulations...........................No Action HB 485 --Income tax; certain military service income; exclude..........................No Action HB 486 --Pawnbrokers; pledged goods; motor vehicles........................................No Action HB 487 --County jails; certain conditions; dispatcher serve
as jailer...............................................................................................No Action HB 489 --Income tax credit; certain businesses in certain
counties..............................................................................................No Action HB 494 --Motor vehicles; amend provisions.............................857, 2559, 4214, 4374, 4590 HB 495 --Bail; acceptance; commitment hearing not required...........................No Action HB 497 --Cobb County; board of commissioners; compensation........................No Action HB 498 --Certain counties; bond elections; provisions.........................................No Action HB 499 --Political subdivisions; property purchase; appraisal
requirements.....................................................................................No Action HB 500 --County offices; nonpartisan elections; General Assembly
provide by local law.........................................................................No Action HB 501 --Sheriffs' Retirement Fund; certain members; prior
service credit........................................................................37, 74, 3833, 3928 HB 503 --Tax deferral for the elderly; certain counties;
alternative method...........................................................................No Action
HB 504 --Tax deferral for the elderly; certain counties; repeal alternative method...........................................................................No Action
HB 505 --Tax deferral for the elderly; alternative method.................................No Action HB 506 --Tax deferral for the elderly; annual income of $40,OOO......................No Action
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HB 507 --Tax deferral for the elderly; annual income of $25,OOO......................No Action HB 509 --Insurance regulations; amend Code provisions ....................................No Action HB 510 --Employees; certain family or medical leave....................................................1711 HB 511 --Controlled substances; butane; prohibitions.........................................No Action HB 512 --High schools; laboratory courses; teacher-pupil ratio .........................No Action HB 513 --Local school systems; resident students; fees.......................................No Action HB 515 --Full-tuition scholarship program; provide ............................................No Action HB 517 --Correctional Education School Authority; create................................No Action HB 519 --Deprived child; foster care; periodic reviews..................................................4206 HB 520 --Death investigations; certain requirements ..........................................No Action HB 521 --Elected public officials; campaign contributions;
limitations.............................................................................................139, 990 HB 522 --Multifamily dwellings; specifications; handicapped
persons...............................................................................................No Action HB 523 --Remedial education program; include grades six
through eight.................................................................................No Action HB 525 --Georgia Airport Development Authority Law; enact..........................No Action HB 527 --AIDS transmitting crimes; test and disclosure upon
indictment.........................................................................................No Action HB 529 --Probate courts; consolidation of records; automation.........................No Action HB 530 --Driving under the influence; marked driver's license
and bumper sticker ..........................................................................No Action HB 532 --Lee County; board of elections; repeal Act...........................................No Action HB 534 --Gwinnett Judicial Circuit; add judge.....................................................No Action HB 535 --Certain counties and cities; speed detection devices;
restrictions.........................................................................................No Action HB 538 --Accident and sickness insurance; mammograms, Pap
smears, and prostate specific antigen tests; coverage ........................................................................1557, 1783, 2891, 3272 HB 539 --Common-law marriage; proof; certain evidence required...................No Action HB 541 --Year's support; certain items; delete provisions ..................................No Action HB 543 --Condominiums; certain expenses; liability......................................................1742 HB 545 --Certain intangibles; increase tax rates...................................................No Action HB 550 --Workers' compensation; employer's failure to pay; penalty ...............................................................................................No Action HB 551 --District Attorneys' Retirement Fund; district attorneys emeritus; spouses' benefits...................................................2104, 2379, 3595 HB 552 --Legislative Retirement System; increase allowance.............................No Action HB 556 --Self-proved wills; testator and witnesses; affidavits............................No Action HB 559 --Irrigation Contractors; licensing....................................................857, 1032, 2922,
2965, 3108, 3256, 4006, 4077, 4588 HB 562 --Alcohol and drug courses; State Board of Education
supply teachers.................................................................................No Action HB 564 --Gasoline; products containing alcohol; label.........................................No Action HB 565 --Local bills; intention to introduce; notice
to governing authority.....................................................................No Action HB 566 --Jails and other detention facilities; escape;
felony offense....................................................................................No Action HB 568 --Motor vehicle; projecting load; flag requirement.................................No Action HB 570 --Motor fuel taxes; refund to seller; compensation
for collection .....................................................................................No Action HB 571 --Prosecution of felony; victim under age 14; remove
limitation...........................................................................................No Action HB 572 --Juvenile court; senior judge; create office.............................................No Action
HB 573 --Special facilities by Department of Human Resources; certain notification required..................................................856, 1474, 2449
HB 575 --Tanning facilities; provisions ..................................................................No Action
6134
HB 576 --Funeral directors and embalmers; apprenticeship; registration..............................................................................2108, 3950, 4590
HB 577 --Municipal courts; certain crimes; jurisdiction; fines ...........................No Action HB 579 --Public libraries; boards of trustees; compensation..............................No Action HB 580 --Peace Officers' Annuity and Benefit; felony conviction;
rights..................................................................................................No Action HB 581 --Master plumbers; licensing; examination requirements......................No Action HB 586 --MARTA; prohibition of certain state funds; repeal...........................2424, 3073,
4235, 4387, 4589 HB 588 --Employees' Retirement System; certain judicial
employees; membership............................................................219, 383, 2110 HB 590 --Solid waste reduction; counties and municipalities
encouraged to exceed goals.........................................................................858 HB 591 --Public employment announcements; posting date ..............................No Action HB 596 --Thomas County; board of commissioners; compensation...................No Action HB 598 --Local option sales tax; projects other than road,
street, or bridge......................................................................1717, 2148, 4206 HB 599 --Cobb County Private Sector Survey Committee on
Cost Control in County Government; create...............................No Action HB 600 --Income tax return; active military duty; extend
time for filing....................................................................................No Action HB 601 --Candidates; drug testing; pauper's reimbursement.......................................3845 HB 602 --Counties and municipalities; investment of certain
funds...................................................................................................No Action HB 603 --Executive branch; certain agency subdivisions;
name change procedure...................................................................No Action HB 606 --Georgia Tort Claims Act; enact..............................................................No Action HB 610 --Campus policemen; certain colleges; repeal certain
definition ...........................................................................................No Action HB 613 --Special license plates; firefighters; amend provisions ...................................1086 HB 617 --State health planning; change exemptions ...........................................No Action HB 618 --Dog and cat abuse; prohibit; penalties..................................................No Action HB 620 --Bad checks; prosecution in magistrate courts; citation.......................No Action HB 621 --Medical malpractice; expert witness; qualifications............................No Action HB 622 --Local option sales tax; purposes; add beach
renourishment...................................................................................No Action HB 623 --Local income tax; election to impose; provisions.................................No Action HB 624 --Occupation tax; principal office; maximum..........................................No Action HB 625 --Quality basic education; certain officials and
employees; serve as substitute teacher .........................................No Action HB 627 --Sales tax; aircraft; definition and exemption .......................................No Action HB 628 --Mechanics' and materialmen's liens; suppliers of
rental equipment for improvement of real estate; provisions...........................................................................................No Action HB 629 --Occupation taxes; utility services; county license................................No Action HB 630 --Private ways; maximum width; 30 feet .................................................No Action HB 631 --Peace officers; basic training course; completion..........................397, 446, 1086 HB 632 --Freeport tax exemption; continue..........................................................No Action HB 633 --Public School Employees Retirement; disabled; reduce years...............................................................................................................219 HB 634 --Firemen's Pension Fund; certain members; creditable service..............................................................................................37, 77, 4206 HB 635 --Firemen's Pension Fund; spouse's benefits;
provisions......................................................................................60, 128, 4206
HB 636 --Collective bargaining; factfinder; recommendations............................No Action HB 638 --Revenue Bond Law; undertaking; change definition ..........................No Action
HB 639 --Magistrate courts; certain fees; increase ...............................................No Action
6135
HB 640 --Firearms possession; those prohibited; identification method...............................................................................................No Action
HB 641 --Teachers Retirement System; change allowances................................No Action HB 644 --Quality basic education; criterion referenced and
basic skills tests; eliminate .............................................................No Action HB 645 --Motor vehicle insurance; new policy reports to
Department of Public Safety .........................................................No Action HB 650 --Income tax exemption; certain corporations ........................................No Action HB 651 --Alcoholic beverages; open container in vehicle;
prohibitions.......................................................................................No Action HB 654 --Commission on Women; create ................................................................495, 2183 HB 659 --MARTA; police force; qualifications and powers; clarify...................No Action HB 661 --License plates; county decal fee; authorize...........................................No Action HB 662 --Children in foster care; periodic reviews...............................................No Action HB 663 --Gwinnett County; county and school district; millage
rate .....................................................................................................No Action HB 664 --Gwinnett County Recreation Authority; millage rate.........................No Action HB 666 --Development authorities; number of directors..........................1149, 1353,4206 HB 668 --Ad valorem tax; property outside state; exemption............................No Action HB 669 --Cobb Judicial Circuit; add judge............................................................No Action HB 672 --Conasauga Judicial Circuit; add judge ..................................................No Action HB 673 --Death investigations; certain requirements ..........................................No Action HB 674 --Property; public road purpose; wetland mitigation.............................No Action HB 675 --Schools; sex education and AIDS prevention; sexual
abstinence..........................................................................................No Action HB 676 --Farm wineries; Sunday sales; remote tasting rooms............................No Action HB 677 --Occupation taxes; telecommunication services; county
license.................................................................................................No Action HB 678 --Candidates for public office; expenditures; limitations......................No Action HB 680 --Superior court; request senior judge; consent of
counsel ...............................................................................................No Action HB 681 --Uncompensated medical care; limitation on
liability....................................................................................1157, 1777, 1863 HB 682 --Chattooga County; state court judge and solicitor;
compensation ....................................................................................No Action HB 683 --Juvenile proceedings; certain records; inspection................................No Action HB 687 --Murder by vehicle; define offense..........................................................No Action HB 689 --Self-sufficiency Trust Fund for Mentally
Disabled Persons; create .................................................................No Action HB 690 --Venereal disease; AIDS; reports.............................................................No Action HB 691 --Income tax; health insurance premiums; exclude................................No Action HB 692 --Death of parent; child age 14 or older select
custodial relative..............................................................................No Action HB 695 --Scholarships; certain offices; promote programs..............................................127 HB 696 --Excise tax; state and county; solid minerals severance ......................No Action HB 697 --Occupation tax; practitioner's principal office; amend.......................No Action HB 698 --Civil actions; registered or certified mail;
filing determined by postmark.......................................................No Action HB 702 --Probate courts; certain counties; chief clerk
perform marriages............................................................................No Action HB 703 --Probate courts; certain counties; chief clerk
perform marriages............................................................................No Action
HB 704 --Probate courts; certain counties; chief clerk's qualifications and powers................................................................No Action
HB 705 --Certain public employees; indemnification; $100,000 .........................No Action HB 707 --Boat Safety Act; amend provisions..................................................................1086
HB 708 --Hunting, fishing, and trapping license agents;
6136
self-insurance fund; defalcation.................................................................257 HB 710 --Legislative Retirement System; monthly service
allowance ...........................................................................................No Action HB 711 --Firemen's Pension Fund; continued membership;
certain persons.....................................................................37, 78, 2922, 3271 HB 712 --Health Code; amend provisions..............................................................No Action HB 713 --County tollway projects; contract with State
Tollway Authority............................................................................No Action HB 714 --Criminal procedure; discovery; witness statement...............................No Action HB 715 --Employees' Retirement System; certain out-of-state
service credit.....................................................................................No Action HB 716 --Health and mental health; amend Code provisions ............................No Action HB 717 --Employees' Retirement System; transfer service to
Teachers Retirement System .........................................................No Action HB 719 --Local boards of education; certain written
employment contracts .....................................................................No Action HB 720 --Civil practice; stay of proceedings; certain
federal provisions.............................................................................No Action HB 721 --Torts; medical malpractice; definitions.................................................No Action HB 722 --Certain counties; uniform county commissioners law;
repeal..................................................................................................No Action HB 723 --Waste management; low-level radioactive waste;
provisions...........................................................................................No Action HB 724 --Fulton County; board of education; semiannual
retirement benefit............................................................................No Action HB 725 --Fulton County; office of county manager; create.................................No Action HB 726 --Fulton County; office of county manager; create.................................No Action HB 727 --Quality basic education; textbooks; property of
local administration.........................,.....................................1916, 2171, 2321 HB 728 --Smoking; amend provisions.....................................................................No Action HB 729 --Civil practice; depositions by telephone..........................................................2098 HB 734 --Public retirement systems; temporary disability;
creditable service..............................................................................No Action HB 735 --Motor vehicle insurance; safety equipment;
provisions...........................................................................................No Action HB 738 --MARTA; collective bargaining; neutral arbitrator ..............................No Action HB 741 --Student with infectious disease; notify certain
personnel............................................................................................No Action HB 742 --Employees' Retirement System; certain attorneys
and employees; membership...........................................................No Action HB 743 --Underground storage tank; define; trust fund
provisions...........................................................................................No Action HB 744 --Elementary, secondary, and adult education; pilot
projects; decategorize funds............................................................No Action HB 745 --Property posted against hunting; mark trees with
royal purple paint ............................................................................No Action HB 747 --Goods and services; regulating cost; exemptions .................................No Action HB 748 --Water well contractors; license renewal; examination.........................No Action HB 749 --Home beauty shop; mobile home or van; operation............................No Action HB 750 --Occupation tax; principal office; certain contractors..............................220, 414 HB 751 --Law enforcement officers; certain speeds; use
blue light and siren..........................................................................No Action HB 755 --Department of Natural Resources; commerce and
industry development; remove duty to promote.........................No Action HB 756 --Farm wineries in state; wine in bond; sell to
each other..........................................................................................No Action
HB 757 --Georgia Science and Technology Commission; create.........................No Action
6137
HB 761 --Uniform Commercial Code; revise.....................................................60, 137, 1047 HB 762 --Uniform Commercial Code; amend ...............................................482, 1007, 2449 HB 765 --Soil erosion control; buffer zone around stream banks ......................No Action HB 767 --Abortion; fetal anesthesia; alleviation of organic pain........................No Action HB 768 --Students; certain school-sponsored activities;
eligibility............................................................................................No Action HB 775 --Insurance regulations; amend Code .......................................................No Action HB 777 --Pari-mutuel racetracks and wagering; authorize..................................No Action HB 778 --Railroad bridges; certain conditions; removal......................................No Action HB 779 --Income tax; retirement income; increase exclusion.............................No Action HB 780 --State lottery; provisions...........................................................................No Action HB 783 --Derelict motor vehicles; disposition.......................................................No Action HB 784 --Solid waste facility; prohibit near certain Georgia
lakes....................................................................................................No Action HB 786 --Certain drivers' licenses and identification cards;
retroreflective treatment.................................................................No Action HB 795 --Emergency 911 service; monthly charge; local
governments impose.........................................................................No Action HB 796 --Grandparents; no visitation rights; certain cases.................................No Action HB 797 --Construction industry contractors; change declaration
of purpose..........................................................................................No Action HB 799 --Fraternal benefit societies; extensively revise provisions .............................1068 HB 801 --Judges; former district attorneys; retain membership
in District Attorneys' Retirement System.............................219, 352, 1341 HB 806 --Modification of alimony or child support; nonresident
jurisdiction.........................................................................................No Action HB 807 --Motor vehicle theft prevention program; establish .............................No Action HB 812 --Department of Human Resources; unmarked motor
vehicles; exception............................................................................No Action HB 815 --Workers' compensation; rehabilitation benefits;
catastrophic injury ...........................................................................No Action HB 816 --Child support awards; change method of computation ......................No Action HB 817 --Education; department personnel; salary limit....................................No Action HB 818 --State agencies; certain programs; periodic review...............................No Action HB 821 --Boards of health; certain contracts; sealed bids
and proposals....................................................................................No Action HB 824 --Driver training schools; surety bond, fee, and
license provisions..............................................................................No Action HB 825 --Zoning procedures; certain counties; create separate
planning commissions for major communities ............................1083, 3285 HB 826 --Fulton County; board of commissioners; purchasing..........................No Action HB 827 --Drug abuse prevention services; good faith provider;
liability...............................................................................................No Action HB 828 --Rabun County; sheriff; compensation.........................................2306, 2307, 2925 HB 829 --Public Service Commission; selecting chairman and
vice chairman .................................................................................91, 134, 139 HB 832 --Chief appraiser; member of board of tax assessors;
approval.............................................................................................No Action HB 834 --Georgians with Disabilities Act of 1991; enact.....................................No Action HB 835 --Mobility impaired persons and their service dogs;
rights..................................................................................................No Action HB 836 --Motor Vehicle Chop Shop and Stolen and Altered Property
Act; enact...........................................................................................No Action HB 837 --Medical Assistance Department; oversight of
Department of Human Resources surveyors ...............................No Action HB 838 --Prestige license plates; licensed emergency medical
technicians...................................................................................................1741
6138
HB 839 --Superior court reporters emeritus; senior court reporter..............................................................................................No Action
HB 840 --Driver's license suspension; reinstatement............................................No Action 4iB 842 --Georgia Military College; two-year limit; delete..................................No Action HB 846 --Offenses of fornication and adultery; repeal; define
adultery..............................................................................................No Action HB 847 --Jurisdiction and venue; transfer of indictment
or accusation.....................................................................................2104, 2676 HB 848 --Counties and municipalities; airport outside boundary;
approval of State Transportation Board......................................No Action HB 850 --Georgia Rail Passenger Authority; members; terms............................No Action HB 851 --School personnel; sick leave; personal or professional
use.......................................................................................................No Action HB 854 --Law enforcement officer; complaints; establish criteria .....................No Action HB 855 --State government; lobbyists; limitations...............................................No Action HB 857 --Education; office of strategic planning; create.....................................No Action HB 858 --Tax digests; appeals and arbitrations; conditions for
approval.............................................................................................No Action HB 859 --Ammunition for firearm; selling to person under
age 16; prohibitions..........................................................................No Action HB 860 --Commerce, City of; new charter.............................................................No Action HB 862 --Public Employees Relations Act of 1991; enact...................................No Action HB 865 --Employees' Retirement System; Vietnam service credit....................No Action HB 868 --Certain traffic offenses; persons under age 18;
suspend driver's license until 18....................................................No Action HB 869 --Electrical contracting license; include low-voltage
contracting.........................................................................................No Action HB 870 --Commerce and trade; beverage containers; provisions .......................No Action HB 871 --Cockfighting; provide for felony offense ...............................................No Action HB 872 --State employees' health insurance; certain services;
require coverage................................................................................No Action HB 875 --Bail; delegation of authority to set; exception.....................................2447, 3284 HB 878 --Superior court; closed circuit television
criminal hearings; judges implement.............................................No Action HB 881 --MARTA; alternative fuels plan; provide by
January 1, 1992.................................................................................No Action HB 883 --State employees' insurance and benefits plans;
certain service centers; inclusion ...................................................No Action HB 888 --Deceptive practices; automobile repair; aftermarket
crash parts; disclosure.........................................................................489, 973 HB 892 --Electric membership corporations; cable television;
own and service systems .................................................................No Action HB 893 --Public assistance; food stamp recipients; photo
identification.....................................................................................No Action HB 895 --Dependent children receiving aid; mandatory school
attendance; exception......................................................................No Action HB 896 --Child custody; certain change of residence;
notification........................................................................................No Action HB 897 --Child custody; certain change of residence;
notification........................................................................................No Action HB 898 --Electricity Generating Plant Condemnation Review;
Board; create.....................................................................................No Action HB 900 --Trial Judges and Solicitors Retirement; senior
judge or district attorney emeritus;
appointment; powers.................................................................219, 352, 2658 HB 901 --Public Service Commission; special fees; method
of calculation.....................................................................................No Action
6139
HB 903 --Insurable interest; charitable institution; life of donor..............................................................................................No Action
HB 904 --Insurance; unfair practices; certain advertising; carry-over deductible ................................................................353, 391, 1086
HB 907 --Elections Code; presidential electors; amend provisions ....................No Action HB 908 --Schools; offer certain courses of study ..................................................No Action HB 910 --Simple and aggravated AIDS battery; provide for
offenses; penalties ............................................................................No Action HB 912 --Teachers Retirement; certain public school employees;
contributions ................................................................2305, 2470, 4007, 4268 HB 913 --Employees' Retirement System; certain Centers for
Disease Control service credit........................................................No Action HB 914 --Richmond County; civil and magistrate court;
judge emeritus............................................................................219, 385, 1087 HB 918 --Motor vehicle rentals; regulate...............................................................No Action HB 919 --Regional surface and air transportation authorities;
create..................................................................................................No Action HB 921 --Metropolitan Atlanta Olympic Games Authority;
membership.......................................................................................No Action HB 924 --Employees' Retirement System; Vietnam service credit....................No Action HB 925 --Employees; use of legal agricultural commodities;
nonworking hours.............................................................................No Action HB 926 --Gwinnett County; county historian; amend provisions.......................No Action HB 932 --Fulton County; governing authority; code of ethics............................No Action HB 933 --Drug Testing of Safety Sensitive and Critical Personnel
Act of 1991; enact.............................................................................No Action HB 934 --Certain municipal offices; commencement; General
Assembly provide by law................................................................No Action HB 936 --Employees' Retirement System; certain day laborers;
service credit.....................................................................................No Action HB 937 --School buses transporting kindergarteners; provide
seat belts............................................................................................No Action HB 938 --Department of Natural Resources; unclassified hourly
employees; selection.........................................................................No Action HB 939 --Northeastern Judicial Circuit; add judge..............................................No Action HB 943 --Ad valorem tax; motor vehicles and mobile homes;
certain requirement.........................................................................No Action HB 944 --Income tax credit; certain employers; certain employee
health coverage.................................................................................No Action HB 946 --Georgia folklife; programs, archives, trust fund;
provide...............................................................................................No Action HB 949 --Ware County; board of education; election ..........................................No Action HB 950 --Civil practice; cause of actions outside state;
certain dismissal...............................................................................2428, 2786 HB 951 --Hancock County; board of commissioners; compensation..................No Action HB 952 --Putnam County; board of commissioners; compensation...................No Action HB 954 --Local school superintendents; minimum salary; state
funds...................................................................................................No Action HB 955 --State and local governments; public officials;
stationery contain phone number..................................................No Action HB 956 --State tax; certain rentals; proceeds to State
Children's Trust Fund.....................................................................No Action
HB 958 --Ogeechee Judicial Circuit; add judge.....................................................No Action HB 959 --State Board of Education; delegate certain powers
to state school superintendent.......................................................No Action
HB 960 --Cobb Judicial Circuit; district attorney, assistants, investigators; compensation............................................................No Action
6140
HB 961 --Cobb County; juvenile court judge; compensation ..............................No Action HB 962 --Cobb County; tax commissioner, chief clerk, executive
secretary; compensation..................................................................No Action _HB 963 --Cobb County; state court; amend provisions........................................No Action HB 964 --Cobb County; superior court clerk and deputy;
compensation....................................................................................No Action HB 965 --Cobb County; state court clerk and deputy;
compensation....................................................................................No Action HB 966 --Cobb County; probate court judge and clerk;
compensation....................................................................................No Action HB 968 --Living wills; life-sustaining procedures; amend
provisions........................................................................856, 1171, 3246, 3961 HB 969 --Georgia Certified Fire Investigators Act; enact ...................................No Action HB 970 --Cobb County; state court; judges...........................................................No Action HB 972 --Employees' Retirement System; creditable service;
certain part-time employment .......................................................No Action HB 984 --Augusta, City of; corporate limits ..........................................................No Action HB 985 --Fitzgerald-Ben Hill County Charter Commission;
create..................................................................................................No Action HB 993 --Public works contracts; preference to Georgia
contractors.........................................................................................No Action HB 994 --East Point, City of; mayor's veto; provisions to
overrule..............................................................................................No Action HB 999 --Media center materials; computer hardware and software................1149, 1789 HB 1000 --Taxable net income; exclusion for certain retirement
income................................................................................................No Action HB 1001 --Workers' compensation; definition of employee; exclude
certain volunteers.............................................................................No Action HB 1002 --Real estate brokers and salespersons; interest-bearing
trust accounts ...................................................................................No Action HB 1003 --Homestead exemptions; application date..............................................No Action HB 1004 --Public information services and materials; user fees.........................1158, 1411,
2378, 3763, 4188, 4589 HB 1006 --Rockdale County; board of registration and
elections; repeal Act................................................................................... 1619 HB 1009 --Crimes against children; certain records; closed
to public.............................................................................................No Action HB 1013 --Child support; over age 18; high school enrollment............................No Action HB 1018 --Sales tax exemption; certain materials; manufacturing
granite................................................................................................No Action HB 1029 --Income tax credit; motor vehicle conversion........................................No Action HB 1030 --Brunswick Judicial Circuit; add judge...................................................No Action HB 1031 --Limousine carriers; Public Service Commission regulate...................No Action HB 1034 --Tennessee Valley Authority; payments; change apportioning
method...............................................................................................No Action HB 1035 --Fireworks; certain types; sales................................................................No Action HB 1036 --Bicycle and pedestrian facilities; Department of
Transportation request funds from Federal Highway Administration.................................................................No Action HB 1037 --Georgia Community Antenna Television (CATV) Authority; create..................................................................................................No Action HB 1038 --General Assembly; standing committee chairmen; compensation....................................................................................No Action
HB 1039 --Manufactured and mobile homes; dealers and installers; licensure.......................................................396, 992, 1049, 2108, 3331, 4203
HB 1041 --DeKalb County; school district; homestead exemption; elderly ................................................................................................No Action
6141
HB 1042 --Financial disclosure; gifts, food, entertainment, lodging over $200; certain information required.........................No Action
HB 1043 --General Assembly members; full-time officials; salary supplement........................................................................................No Action
HB 1044 --DeKalb County; homestead exemption; increase.................................No Action HB 1045 --Monroe County; probate court; jurisdiction...............................2987, 2988, 4210 HB 1048 --Income tax; certain taxpayers; increase personal
exemption..........................................................................................No Action HB 1050 --Children and youth; community innovation zones;
designate............................................................................................No Action HB 1052 --Rockdale County Recreational Authority; create ................................No Action HB 1053 --Rockdale County; board of elections and registration; create .....................1340 HB 1054 --Chatham County; state court judges; compensation...........................No Action HB 1057 --Water system services; rates, fees, charges; county set.......................No Action HB 1060 --MARTA; state funds; eligibility to receive...........................................No Action HB 1061 --Motor vehicle operation; certain insurance requirement....................No Action HB 1062 --Abortions; informed consent...................................................................No Action HB 1063 --Chatham County; transit services; unincorporated areas...................No Action HB 1064 --Abortions; advertisements; include physicians' names and
degrees...............................................................................................No Action HB 1066 --Penal institutions; uniform drug testing; provisions ...........................No Action HB 1067 --Housing authorities; investments; change provisions..........................No Action HB 1068 --Clinical social worker; involuntary emergency treatment
certification; evaluation team report............................................1148, 1653, 1752, 2731, 4018, 4100
HB 1069 --Department of Medical Assistance; agency rules; applicability.......................................................................................No Action
HB 1070 --Massage therapists; registration; requirements....................................No Action HB 1071 --Massage, State Board of; create .............................................................No Action HB 1072 --Paternity determination; juvenile court jurisdiction;
certain cases......................................................................................No Action HB 1073 --Special Program of Services for At-Risk Children
and Their Families Act; enact........................................................No Action HB 1074 --Demonstration family resource center program; create ..................................964 HB 1075 --Youth development centers; decision making; provisions ..................No Action HB 1076 --Juvenile proceedings and parental rights; amend Code .....................No Action HB 1077 --Barbershops and barber schools; sanitary precautions;
compliance.........................................................................................No Action HB 1078 --Georgia Property Owners' Association Act; enact...............................No Action HB 1079 --Property; tenant set aside dispossessory default.................................No Action HB 1080 --Personal care homes; evidence in mitigation and
explanation........................................................................................No Action HB 1081 --Transportation projects; private entity contracts;
authorize............................................................................................No Action HB 1082 --Workers' compensation; revise provisions.............................................No Action HB 1083 --Income tax credit; uncompensated indigent health care....................No Action HB 1084 --Lookout Mountain Judicial Circuit; add employees.................1904, 2065, 2324 HB 1085 --Georgia Comprehensive Health Insurance Pool Act; enact................No Action HB 1086 --Uniform Commercial Code; definitions; provisions.............................No Action HB 1087 --Special license plates for prisoners of war;
include Persian Gulf War...............................................................No Action HB 1088 --Civil practice; service of process by publication;
certain requirements........................................................................No Action
HB 1089 --Housing authorities; commissioners; number and selection...............No Action HB 1090 --Motor vehicle service agreement companies; regulate ........................No Action
HB 1091 --Hazardous waste facility; near groundwater recharge area; prohibit ..................................................................................31
6142
HB 1092 --Hazardous waste facility; certain permits; prohibit...........................................31 HB 1093 --Macon-Bibb County Governmental Reorganization Study
Commission; create........................................................................................31 HB 1094 --Hall County; civil service system; amend provisions.............................31, 3732,
3790, 4234, 4238 HB 1095 --Tax sale; right to redeem property; expiration..................................................31 HB 1096 --Georgia Security for Public Deposits Act; enact................................................31 HB 1097 --Financial institutions and attorneys; trust
accounts.......................................................................................32, 2185, 2237 HB 1098 --Probate courts; certain misdemeanor cases; jurisdiction........................32, 2428 HB 1099 --Probate courts; certain misdemeanor cases; jurisdiction..................................32 HB 1100 --McDuffie County; motor vehicles; designated registration.......................14, 36,
61, 61, 258 HB 1101 --Ad valorem tax returns; certain counties; population
classification..............................................................................................14, 36 HB 1102 --Development and redevelopment; downtown development
authorities; amend..............................................14, 36, 220, 371, 1340, 1888 HB 1103 --Counties and municipalities; water and sewer
authorities; system improvement fees.........................................15, 36, 489, 927, 1916, 3315
HB 1104 --Minors in open bed pickups; prohibit on four lane highways...................15, 36 HB 1105 --Failure to secure safety belt on minor; charge driver
of vehicle...................................................................................................15, 36 HB 1106 --Georgia Airport Development Authority Law; enact..................15, 36, 61, 101,
1297, 1386, 3165, 4135, 4590 HB 1107 --Georgia Municipal Training Act; amend ...............................15, 36, 61, 92, 1047 HB 1108 --Randolph County, commissioners; compensation...................15, 36, 61, 62, 258 HB 1109 --Building codes; state minimum standards; certain
contractors; licensing exemptions ..............................................16, 36, 1149, 2452, 4201, 4454, 4591
HB 1110 --Tax digests; disapproval provisions; exception............................................16, 36 HB 1111 --Catoosa County; superior court clerk; clerical
help........................................................................................!6, 36, 61, 62, 412 HB 1112 --Catoosa County; commission; amend provisions................16, 36, 203, 203, 412 HB 1113 --Bribery; redefine offense.................................................................................16, 36 HB 1114 --Certain counties; additional equalization boards; create...........................16, 36,
1841, 2048, 3017, 3662 HB 1115 --Alcoholic beverages; Sunday sales at outdoor festivals;
certain municipalities..........................^, 36, 426, 471, 493, 494, 911, 1026 HB 1116 --Counties and municipalities; service of process;
authorization ...................................................17, 36, 1840, 2457, 3593, 3924 HB 1117 --Certain counties; additional equalization boards;
repeal..........................................................................17, 36, 1841, 2050, 3022 HB 1118 --Certain counties; tax assessments; appeals and reviews............................17, 36,
1841, 2051, 3022 HB 1119 --Quality basic education; local fair share funds;
limitation...................................................................................................17, 36 HB 1120 --Concealed weapons; state court solicitors; authorization
to carry......................................................................................17, 36, 397, 424 HB 1121 --Motor vehicles; convictions for traffic offenses;
electronic reporting...........................................................17, 36, 60, 137, 922 HB 1122 --Driving under the influence; ignition interlock device;
condition of probation ..................................................................18, 36, 1741
HB 1123 --Tax assessments; taxpayer and board of equalization disputes; arbitration ................................................................................18, 36
HB 1124 --Tax assessments; appeals to superior court; utilize county appraisal staff .........................................................18, 36, 1069, 1471
6143
HB 1125 --Public Officials Conduct and Lobbyist Disclosure Act; enact...........................................................................18, 36, 2428, 2687, 3663, 3713, 3762, 3826, 3875, 4484, 4589
HB 1126 --Supplemental appropriations; FY 1991-92...................................................18, 36 HB 1127 --Supplemental appropriations; FY 1991-92...................................................18, 36 HB 1128 --Harris County; coroner; compensation.....................................19, 36, 61, 62, 258 HB 1129 --Certain state officials; compensation; provide
by law....................................................................................19, 36, 2097, 2398 HB 1130 --Certain municipalities; housing authority commissioners;
amend provisions .............................................................................19, 36, 220 HB 1131 --Ad valorem tax; installment payments; due dates......................................19, 36 HB 1132 --Accident and sickness insurance; certain secondary
conditions; coverage.................................................................................19, 36 HB 1133 --Income tax; define taxable nonresident........................................................19, 36 HB 1134 --Marinas; state owned marshland; delete certain prohibition....................20, 36 HB 1135 --Motor vehicle license plates; revalidation decals;
placement..................................................................................................20, 36 HB 1136 --Felony; trial upon accusations; grand jury indictment..............................20, 36,
857, 1005, 2323 HB 1137 --Motor vehicles; affixing covering materials to
headlights or windows; amend...............................................................20, 36 HB 1138 --Drivers' licenses; migrant farm workers; exemption...................................20, 36 HB 1139 --Drivers' licenses and instruction permits; age restrictions.........................20, 36 HB 1140 --Law enforcement agencies; employ police paraprofessionals.....................20, 36 HB 1141 --Therapeutic sexual battery; define offense...................................................21, 36 HB 1142 --Emergency Telephone Number 911; amend provisions..............................21, 36 HB 1143 --Radar detectors; prohibit ................................................................................21, 36 HB 1144 --Pawnbrokers; amend provisions................................21, 36, 769, 897, 2217, 3259 HB 1145 --Motor vehicles; license plates, titles, and drivers'
licenses; fees..........................................21, 36, 1365, 1803, 3161, 3641, 3832 HB 1146 --Sales, motor fuel, and excise taxes; limit reimbursement
to dealers...............................................21, 36, 1520, 1710, 1730, 3165, 3637 HB 1147 --Sales tax; new motor vehicles; certain exemption.......................................22, 36 HB 1148 --Public Service Commission; corporate fee assessments..............................22, 36 HB 1149 --County jails; funds from fees and forfeited bonds;
municipal contract..........................................................22, 36, 60, 137, 1917 HB 1150 --Education loans; service cancelable; gerontology
and geriatrics.................................................................22, 36, 367, 416, 1087 HB 1151 --Springer Opera House; designate official state theater.............................22, 36,
366, 417, 1453 HB 1152 --Controlled substances; distribution to unborn child;
prohibit prosecution ................................................................................22, 36 HB 1153 --Ethics; campaign contributions; limitations.................................................23, 36 HB 1154 --Firearms; storage in locked container ...........................................................23, 36 HB 1155 --Sales tax exemption; school fund-raisers......................................................23, 36 HB 1156 --Motor vehicles; abandoned or unattended; require easy
opening from inside .....................................23, 36, 354, 420, 439, 440, 4595 HB 1157 --Certain judicial circuit; assistant district attorney;
population provisions...............................................23, 36, 2430, 2431, 3599 HB 1158 --Certain judicial circuit; judges' expense allowance;
population provisions...............................................24, 36, 2430, 2431, 3599 HB 1159 --Corporations; security agreement transfer; authorization..........................24, 36
HB 1160 --County property tax assessments; advertising provision; repeal.................................................................................................24, 36, 859
HB 1161 --Appeals; damages for frivolous appeals..............................................24, 36, 1557
HB 1162 --Human Resources Board; include physically handicapped member.................................................................24, 36, 396, 423, 2217, 3270
6144
HB 1163 --Oglethorpe County; board of education; districts................................24, 36, 91, 91, 258, 381
HB 1164 --Oglethorpe County; commissioner districts.....................25, 36, 91, 91, 258, 381 -HB 1165 --State agencies; consulting services by retired employees...........................25, 36 HB 1166 --Probate court judges and magistrates;
marriage ceremonies; gratuities .............................................................25, 36 HB 1167 --Wilkinson County; education districts; composition..................................35, 60,
124, 124, 1621 HB 1168 --Wilkinson County; commissioner districts; composition...........................35, 60,
124, 125, 1621 HB 1169 --Biomedical waste thermal treatment technology facility;
hazardous waste site.........................................35, 60, 858, 1273, 4018, 4098 HB 1170 --Inmates in detention facilities; medical services;
reimbursement...........................................................35, 60, 1150, 1503, 3595 HB 1171 --Hospital authorities; members' country club fees;
prohibit payment.....................................................................................35, 60 HB 1172 --Jones County; board of commissioners; membership ................................46, 89,
124, 125, 412 HB 1173 --Jones County; board of education; districts........................46, 89, 203, 206, 790 HB 1174 --Corrections Department; certain facilities;
fire safety regulations..............................................................................47, 89 HB 1175 --Incapacitated adults; hearings for guardians;
compensation .......................................................................47, 89, 1148, 1552 HB 1176 --Schools; certain employees; deferred compensation....................................47, 89 HB 1177 --Birth registration; social security numbers of parents ...............................47, 89 HB 1178 --Grand or trial jurors; eligibility to serve again;
certain counties........................................................................................47, 89 HB 1179 --Metropolitan area planning and development commissions;
election of members ......................................................................47, 89, 1435 HB 1180 --Certain prisoners; parole requirement; general educational
development equivalency diploma ........................................................48, 89 HB 1181 --Litter control; amend provisions.................................................48, 89, 965, 2343 HB 1182 --Handicapped parking violations; penalties...................................................48, 89 HB 1183 --Accident and sickness insurance; payments to provider ............................48, 89 HB 1184 --Alcoholic beverages; advertising prohibition; exceptions ...........................48, 90 HB 1185 --Enticing child for indecent purposes; penalties..........................................48, 90,
90, 137, 3595 HB 1186 --Hospital authorities; vacancy provisions.......................................................49, 90 HB 1187 --Controlled Substances Therapeutic Research Act;
amend provisions............................................................49, 90, 90, 138, 3595 HB 1188 --Code of Georgia; corrections and revisions............................49, 90, 90, 138, 789 HB 1189 --Elections Code; corrections and revisions..............................49, 90, 90, 138, 790 HB 1190 --Campaign contributions; out-of-state sources; prohibitions ......................49, 90 HB 1191 --Appropriations bills; time period before consideration..............................49, 90 HB 1192 --Gwinnett Hospital Authority; vacancies.......................................................50, 90 HB 1193 --Weights and measures; schedule of fees ............................50, 90, 218, 386, 1087 HB 1194 --Dairy manufacturers; exempt certain retail establishments .....................50, 90,
917, 1144, 1382, 4206 HB 1195 --Honeybees; compensation for destroyed colonies.......................................50, 90,
218, 347, 1047 HB 1196 --Pesticides; prohibitions......................................50, 90, 218, 420, 474, 2217, 3318 HB 1197 --Bird dealers; license fees ......................................................51, 90, 218, 348, 1047
HB 1198 --Grain dealers; license fees....................................................51, 90, 482, 989, 4207 HB 1199 --Flue-cured leaf tobacco; auction sales; license fees....................................51, 90,
218, 387, 1047
HB 1200 --Commercial feeds; amend provisions..................................51, 90, 489, 868, 3595
HB 1201 --Pet dealers and kennel, stable, and animal shelter
6145
operators; license fees...................................................51, 90, 482, 499, 3596 HB 1202 --Accident and sickness insurance; persons over 60;
continuation rights.........................................51, 90, 1075, 1355, 3831, 3914 HB 1203 --Dead bodies; prohibit incineration; exception.............................................52, 90,
396, 471, 1047 HB 1204 --County courthouses; certain relocation; voter approval ............................52, 90,
220, 349 HB 1205 --School buses transporting kindergarteners; provide
seat belts ...................................................................................................52, 90 HB 1206 --Twiggs County; tax commissioner; compensation ......................................52, 90,
124, 125, 3598 HB 1207 --Twiggs County; sheriff; compensation................................52, 90, 124, 125, 3598 HB 1208 --Twiggs County; probate judge; compensation...................52, 90, 124, 126, 3598 HB 1209 --Twiggs County; superior court clerk; compensation..................................53, 90,
124, 126, 3598 HB 1210 --Loan brokers; prohibitions.....................................53, 90, 1035, 1145, 2109, 3286 HB 1211 --Municipal courts; criminal trespass; certain jurisdiction ..........................53, 90,
965, 1553, 3019 HB 1212 --Excise tax; hotels and motels; certain authorities......................................53, 90,
859, 1550, 4196, 4218 HB 1213 --Jury duty; exempt persons 65 or older .........................................................53, 90 HB 1214 --Loan brokers; prohibitions..............................................................................53, 90 HB 1215 --Former employers; references; immunity from liability.............................54, 90 HB 1216 --Driving with suspended license; municipal court;
jurisdiction.....................................................................54, 90, 219, 346, 1917 HB 1217 --Motor vehicle insurance; applicability to motorcycles................................54, 90 HB 1218 --Civil practice; depositions; plaintiff attend examination ...........................54, 90 HB 1219 --Accountants; actions for damages; limitations............................................54, 90,
1035, 1351, 3594 HB 1220 --Torts; liability of accountants; limitations ...................................................54, 90 HB 1221 --Public accountancy; quality review; confidentiality....................................55, 90 HB 1222 --Driver's license; renewal by mail; limitations....................................55, 90, 1741 HB 1223 --Cardiopulmonary resuscitation; candidate for
nonresuscitation; delete provision .........................................................55, 90 HB 1224 --State government; special meetings; notice........................................55, 90, 1557 HB 1225 --Warehouses; license and inspection fees..............................................55, 90, 910,
1297, 3831, 3970, 4203 HB 1226 --Oglethorpe County; coroner and deputy; compensation ...........................55, 90,
124, 126, 412 HB 1227 --Elected officials; certain employment prohibited;
time limit...................................................................................................55, 90 HB 1228 --Technical and adult education; personnel actions ......................................56, 90 HB 1229 --Municipal Employees Benefit; local authorities;
participation............................................................56, 90, 93, 219, 351, 2110 HB 1230 --Public School Employees Retirement; eligibility........................................56, 90,
219, 350, 3596 HB 1231 --Certain counties; development authorities; population
classification...............................................................56, 90, 1525, 1526, 2113 HB 1232 --Nonprofit contractors; applicability of laws;
certain exemption.........................................................56, 90, 218, 418, 1047 HB 1233 --Advisory Committee on Rural Development;
membership....................................................................56, 90, 218, 418, 1453
HB 1234 --Retirement and Pensions Code; corrections......................57, 90, 219, 449, 2323 HB 1235 --Sales tax; retail sales definition; add lottery tickets...................................57, 90
HB 1236 --County police force; creation; approval by voters......................................57, 90, 397, 465, 1453
HB 1237 --Insurance; credit life and credit accident and sickness;
6146
investigate applications...........................................................................57, 90 HB 1238 --Probate courts; default judgments; medical insurance;
certain guardianships.........................................57, 90, 769, 997, 4196, 4420 JHB 1239 --State government; budget unit funds; prohibitions..........................57, 90, 2805 HB 1240 --Loan brokers; prohibitions..............................................................................58, 90 HB 1241 --Agricultural products; payment by dealer to producer .............................58, 90,
482, 975, 2218 HB 1242 --Municipal authority; payment of utility bills;
certain municipalities..............................................................................58, 90 HB 1243 --Referendum time period; freeport exemption;
local option sales tax ............................................................58, 90, 859, 1290 HB 1244 --Twiggs County; commissioner districts; composition.................................58, 90,
243, 243, 792, 903 HB 1245 --Twiggs County; education districts; composition .......................................58, 90,
243, 246, 792, 906 HB 1246 --Marriage license; require HIV testing...........................................................59, 90 HB 1247 --Torts; special damages; payments from collateral sources.........................59, 90 HB 1248 --County tax assessors; time for presenting returns ......................................59, 90 HB 1249 --Fiduciaries; powers incorporated by reference;
certain Code provision ............................................................................59, 90 HB 1250 --Sales tax; retail sales definitions; exclusion................................................88, 124 HB 1251 --Liberty County; board of commissioners; districts...................................88, 124,
243, 249, 790 HB 1252 --Liberty County; board of education; create ......................89, 124, 243, 252, 790 HB 1253 --Effingham County; board of commissioners;
amend provisions..........................................................89, 124, 243, 256, 790 HB 1254 --Twiggs County; board of commissioners; Sunday meetings ...................89, 124,
124, 207, 1162, 1384, 1400, 1400, 1556, 1652, 1722 HB 1255 --Water and sewer systems; materials sold by county;
requirements..................................................................89, 124, 483, 895, 926 HB 1256 --Amusement machines; sales tax exemption; licensing
provisions .................................................................89, 124, 2098, 2162, 3596 HB 1257 --Ty Ty, City of; new charter.................................................89, 124, 124, 207, 790 HB 1258 --Child safety restraints; failure to use; penalty.........................................!!?, 202 HB 1259 --Special license plates; retired reservists....................................................117, 202 HB 1260 --Income tax; define taxable nonresident....................................................117, 202 HB 1261 --General appropriations; FY 1992-93..........................117, 202, 2334, 2484, 3108,
3200, 3312, 3313, 3592, 4503, 4589 HB 1262 --Supplemental appropriations; FY 1991-92..............................117, 202, 219, 260,
495, 503, 503, 551, 795, 851 HB 1263 --Ad valorem tax; boats; functional location......................................H8, 202, 859,
1472, 2322, 3294 HB 1264 --Financial disclosure statements; form.......................................................118, 202 HB 1265 --Humane Care for Equines Act; enact...........................H8, 202, 964, 1626, 4595 HB 1266 --Endangering a child by driving under the influence;
define separate offense............................................................. 118, 202, 2718 HB 1267 --Driving under the influence; prohibit nolo contendere
plea.........................................................................................................118, 202 HB 1268 --Driving under the influence; symbol of conviction;
affix to license plates...........................................................................H8, 202 HB 1269 --Broxton, City of; mayor and council; court provisions..........................119, 202,
243, 256, 790
HB 1270 --Nonresident landlords; service of complaints .........................................119, 202, 965, 1788, 3019
HB 1271 --Sales tax collections; eliminate reimbursement to dealers.....................119, 202 HB 1272 --Insurance; capital stock requirement; extension ............................119, 202, 353,
388, 1083, 3271
6147
HB 1273 --Public employment; veterans' preference.................................................119, 202 HB 1274 --Vegetative barrier along stream banks; variances by
certain entities .............................................................................119, 202, 858 HB 1275 --Drivers' licenses; traffic violations; driver
improvement program..............................................!20, 202, 354, 393, 3019 HB 1276 --Child support; health insurance; payroll deduction.......................!20, 202, 426,
443, 480, 1342 HB 1277 --Child support; paternity; putative father registry .........................120, 202, 426,
443, 4135, 4282 HB 1278 --Fort Oglethorpe, Town of; redesignate as City of
Fort Oglethorpe.................................................................................... 120, 202 HB 1279 --Ad valorem tax; heavy-duty construction equipment............................120, 202,
1067, 1150, 1459 HB 1280 --Conservation; disposal of sludge; permit ..................................................120, 202 HB 1281 --Community Education and Development Act; enact..............................121, 202 HB 1282 --Limousine carriers; Public Service Commission
regulate .............................................................................121, 202, 1149, 1515 HB 1283 --Real estate; trust or escrow accounts; federally
insured......................................................................121, 202, 857, 1064, 2110 HB 1284 --Industrialized buildings; inspections; manufacturing
requirements............................................................121, 202, 857, 1143, 2324 HB 1285 --Pawnshop charges; motor vehicles; repeal certain
exemption..............................................................................................121, 202 HB 1286 --Ad valorem tax; freeport exemption; clarification .........................121, 202, 859,
1028, 3018, 3286 HB 1287 --Education; tuition equalization grants; approved school ......................122, 202,
367, 499, 2110 HB 1288 --Enotah Judicial Circuit; create .........................................................122, 202, 397,
421, 1916, 2159, 2332, 2332, 2574, 3971, 4202 HB 1289 --Real estate appraisers; licensing; certain
exemption ...........................................................................122, 202, 857, 1294 HB 1290 -Roofing contractors; regulate.............................122, 202, 1157, 1655, 3877, 4184 HB 1291 --Criminal procedure; indigent defense; capital
cases; attorneys' fees............................................................................122, 202 HB 1292 --Mental illness; certain definitions; include gravely
disabled..................................................................................................122, 202 HB 1293 --Rebuilt motor vehicles; redefine certain terms..............................123, 202, 1365 HB 1294 --Homicide by aircraft; provide for offense .......................................192, 242, 410,
426, 443, 3596 HB 1295 --State agencies and schools; include term "multiracial"
on forms requesting racial identification...............................192, 242, 1908 HB 1296 --Criminal justice; complaint forms; identification of
student and name of school....................................192, 242, 353, 371, 2658 HB 1297 --Insurance Commissioner; certain fees; comprehensive
revision.........................................................193, 242, 1557, 1639, 2656, 3913 HB 1298 --Erosion and Sedimentation Act; certain construction
projects; minimum standards.............................................................193, 242 HB 1299 --Public Revenue Code; reference date; Federal tax code .......................193, 242,
397, 1410, 2658 HB 1300 --Local income tax; referendum; local option sales
tax; repeal certain prohibition ...........................................................193, 242 HB 1301 --Income tax; certain residents and nonresidents;
amend provisions .................................................................................193, 242
HB 1302 --Income tax; certain corporations; amend provisions...............................193, 242 HB 1303 --Income tax; certain taxpayers and certain
corporations; amend provisions .........................................................194, 242
HB 1304 --Income tax; special withholding requirements ................................194, 242, 397
6148
HB 1305 --Income tax; withholding certificate; exemption status.............................................................................................194, 242, 397
HB 1306 --Income tax; quarterly and monthly returns; deadline for filing................................................................................194, 242, 397, 476
HB 1307 --Road tax on motor carriers; define motor vehicles..............................................................................!94, 242, 1717, 2804
HB 1308 --Construction codes; liquefied petroleum gas; reenact provisions.....................................................194, 242, 1149, 1547, 2448, 3660
HB 1309 --Counties and municipalities; certain multiyear contracts; approval...............................................................................195, 242
HB 1310 --Refuse receptacles in certain counties; population figures.........................................................................195, 242, 779, 780, 1379
HB 1311 --General Assembly; air travel costs; reimbursement.....................195, 242, 1043, 1548, 4196, 4268
HB 1312 --Aid to dependent children; preschool age child; provisions.......................................................195, 242, 964, 1286, 4006, 4277
HB 1313 --Criminal cases; probated sentences; amend provisions ..........................195, 242 HB 1314 --Deceptive practices; certain use of local phone
number by nonlocal business; prohibit............................................195, 242, 1149, 1774, 3596
HB 1315 --Savannah, City of; corporate limits...........................................................196, 242 HB 1316 --Dasher, City of; new charter..............................................196, 242, 366, 367, 790 HB 1317 --Lake Park, City of; mayor and council; election....................................196, 242,
366, 367, 791 HB 1318 --Child support determination hearings; prohibit
jury trial................................................................................................196, 242 HB 1319 --Forsyth County; board of education; districts..............................196, 242, 1845,
1846, 3162, 3178, 3192 HB 1320 --Forsyth County; board of commissioners; districts................................196, 242,
1717, 1717, 2111 HB 1321 --Forsyth County; purchases; bid requirement; dollar
amount..........................................................................!96, 242, 366, 367, 791 HB 1322 --Wildlife; amend provisions ..................................196, 242, 778, 2241, 3762, 3977 HB 1323 --Personal watercraft; definition and provisions..............................197, 242, 1068 HB 1324 --Fishing; amend provisions.................................J.........197, 242, 1519, 2264, 4207 HB 1325 --Pogo 'Possum; designate official state 'possum.......................197, 242, 366, 448 HB 1326 --Insurance investments; Israeli securities; authorize................................197, 242 HB 1327 --Noneconomic Damage Awards Act; enact ................................................197, 242 HB 1328 --Joint and Several Liability Abolition Act; enact.....................................!97, 242 HB 1329 --Periodic Payment of Judgments Act; enact.............................................197, 242 HB 1330 --Elimination of Double Recoveries Act; enact...........................................198, 242 HB 1331 --Certain donations to nonprofit organizations; liability...........................198, 242 HB 1332 --Certain drugs; punitive damages; limitations and
exception...............................................................................................198, 242 HB 1333 --Individual Medical Account Law of 1992; enact .....................................198, 242 HB 1334 --Accident and sickness insurance; individual policy;
rates; loss ratio .....................................................................................198, 242 HB 1335 --Taxable net income; reduction; unreimbursed medical
expenses.................................................................................................198, 242 HB 1336 --Torts; medical malpractice; provisions......................................................198, 242 HB 1337 --Reapportionment; House of Representatives................199, 242, 397, 552, 1087 HB 1338 --Multidoor Courthouse Act; enact..............................................,................199, 243
HB 1339 --Medical assistance; publicly financed voucher program; privately delivered health insurance coverage.................................199, 243
HB 1340 --Reapportionment; House of Representatives .......................199, 243, 397, 1920, 3189, 3337, 3497, 3571
HB 1341 --Medical assistance; claim submission; time..............................................199, 243
6149
HB 1342 --Controlled substances and dangerous drugs; amend list.......................199, 243, 1148, 1402, 4207
HB 1343 --Student loans in default; prohibit state employment.............................199, 243 HB 1344 --Insurance Commissioner; financial regulatory
capabilities; powers...................................................200, 243, 779, 999, 2658 HB 1345 --Insurance violations; penalties and fines;
revise provisions...................................................................................200, 243 HB 1346 --Insurance; Unfair Claims Settlement Practices Act;
enact.............................................................200, 243, 1557, 2178, 3622, 3913 HB 1347 --Health care providers; certain advertisement;
deceptive practice...........................................200, 243, 353, 390, 4133, 4173 HB 1348 --Structural pest control business; liability insurance...............................200, 243 HB 1349 --Funeral directors and embalmers; amend provisions..............................200, 243 HB 1350 --Landscape architects; continuation of board ..........................................200, 243,
396, 419, 1048 HB 1351 --Hall County; board of commissioners; districts......................................201, 243,
1076, 1077, 1378 HB 1352 --Hall County; board of education; districts ......................201, 243, 489, 489, 969 HB 1353 --Hall County; board of commissioners; expenses.....................................201, 243,
366, 367, 791 HB 1354 --Henry County; board of education; districts...........................................227, 365,
459, 459, 969 HB 1355 --Henry County; board of commissioners; districts...................................227, 365,
459, 459, 969 HB 1356 --Schools; programs for children; other than school hours......................228, 365,
1067, 1774, 3596 HB 1357 --Certain judicial circuits; juvenile judges
practicing law; repeal prohibition...........................228, 365, 397, 418, 1623 HB 1358 --Certain judicial circuits; juvenile judges
practicing law; repeal prohibition...........................228, 365, 397, 418, 1620 HB 1359 --Mitchell County; board of commissioners; districts...............................228, 365,
1910, 1911, 2662 HB 1360 --Doctor of pharmacy; definition ..................................................................228, 365 HB 1361 --Georgia Folk Festival; designate as official state
folk festival............................................................228, 365, 1158, 2156, 4207 HB 1362 --State courts of counties; furnish services to
certain municipalities...............................................229, 365, 426, 449, 3019 HB 1363 --City of Atlanta and Fulton County Recreation
Authority; amend provisions ..............................................................229, 365 HB 1364 --Fulton County; building within 500 feet of lake;
repeal certain Act..................................................229, 365, 1044, 1044, 2111 HB 1365 --Wildlife; hunting and fishing privileges; suspension ......................229, 365, 778 HB 1366 --Mitchell County; board of education; districts.............................229, 365, 2306,
2307, 3162, 3953 HB 1367 --Clayton County; board of education; districts........................................215, 243,
779, 780, 1088 HB 1368 --Clayton County; board of commissioners; districts................................215, 243,
489, 490, 1088 HB 1369 --Elections; electors lists; absentee ballots;
certain children in voting booth ......................................229, 365, 442, 459, 548, 1375, 3319, 3842
HB 1370 --Bryan County; board of commissioners; districts...................................229, 365,
489, 490, 970 HB 1371 --County school superintendents; qualifications;
residency requirement..............................................230, 365, 459, 549, 2658 HB 1372 --Elections; amend provisions ....................................230, 365, 442, 551, 842, 4197
HB 1373 --Abandoned motor vehicle; prohibit access by child................................230, 365
6150
HB 1374 --Municipal contested elections; comprehensive revision of provisions...................................................................230, 365, 459, 866, 1377
JIB 1375 --Ad valorem tax exemption; community service organizations ....................................................................230, 365, 2425, 2458
HB 1376 --Child custody; modification of visitation rights; residence outside state........................................................................230, 365
HB 1377 --Income tax; taxable nonresidents; definitions.........................................230, 365, 2585, 2723, 3596
HB 1378 --Public records; certain computerized index; requirements...................231, 365, 1557, 1654, 3596
HB 1379 --Effingham County; board of education; districts ...................................231, 365, 459, 460, 970
HB 1380 --Voter registration cards; certain reimbursement to counties.......................................................................231, 365, 459, 867, 1377
HB 1381 --Bryan County; board of education; districts...........................................231, 365, 489, 490, 970
HB 1382 --Effingham County; board of commissioners; districts...........................231, 365, 459, 460, 970
HB 1383 --Child support; accident and sickness insurance; coverage.................................................................................................231, 365
HB 1384 --Child support recovery; amend provisions ...............................................231, 365 HB 1385 --Solid waste management; amend provisions; scrap tire
disposal; enact provisions ....................................232, 365, 1043, 2461, 3845 HB 1386 --Solid waste management; amend provisions.................................232, 365, 1043,
1789, 3603, 4083 HB 1387 --Natural Resources Department; programs on public
property; volunteer services ....................................232, 365, 408, 445, 2218 HB 1388 --Uniform Conservation Easement Act; enact...................................232, 365, 408,
446, 2322, 3311 HB 1389 --Coastal marshlands; amend provisions............................................232, 365, 858,
1093, 1916, 3299 HB 1390 --Protection of Tidewaters Act and Right of Passage Act;
enact.....................................................232, 365, 858, 1053, 1749, 3323, 3842 HB 1391 --Environmental Facilities Authority; certain funds;
solid waste loans ...................................................233, 365, 1741, 2339, 3597 HB 1392 --Game and fish; amend fee provisions; registration of
vessels; increase fees...................................233, 365, 1434, 1519, 2109, 2295 HB 1393 --Butts County; board of education; districts............................................233, 365,
917, 917, 1162 HB 1394 --Environmental protection; solid waste fees; Hazardous
Site Response Act; enact...........................233, 365, 1716, 2119, 2923, 3329 HB 1395 --Certain tax payments; electronic funds transfer ....................................233, 365,
1069, 1406, 2324 HB 1396 --Highways; load limitations; dispersal of fines
collected....................................................................233, 365, 911, 1066, 2923 HB 1397 --Disposition of unclaimed property; amend provisions...........................234, 365,
1069, 2081, 3845 HB 1398 --Atlanta Judicial Circuit; assistant district attorneys;
salaries....................................................................234, 365, 1447, 1448, 1918 HB 1399 --Income tax; job tax credit; businesses in certain
counties..............................................234, 365, 1520, 2553, 3336, 4373, 4591 HB 1400 --State depositories; cash management; policies and
procedures..............................................................234, 365, 1069, 1471, 2218
HB 1401 --Birth certificates; include parents' social security numbers..........................................................234, 365, 856, 1064, 2447, 3311
HB 1402 --Liability and casualty insurers; establish customer affairs and information department..................................................234, 365
6151
HB 1403 --Cobb County; civil service board; terms..........................235, 365, 408, 409, 791 HB 1404 --Reapportionment; congressional districts.................................................235, 365 HB 1405 --Tax Amnesty Program Act; enact...............................235, 365, 1069, 2807, 3597 HB 1406 --Reapportionment; Senate............................................................................235, 365 HB 1407 --Reapportionment; House of Representatives...........................................235, 365 HB 1408 --Planning and zoning; counties exercise powers in
inactive municipalities .........................................235, 365, 1036, 1727, 3597 HB 1409 --Butts County; board of commissioners; districts....................................236, 365,
917, 917, 1163 HB 1410 --Local governments; special service districts;
administration......................................................................................236, 365 HB 1411 --Fulton County; homestead exemption; age 70 ....................236, 365, 1447, 1449 HB 1412 --Environmental Education Council; recycling awareness
programs in schools......................................236, 365, 856, 1062, 2217, 3309 HB 1413 --Bulloch County; board of commissioners; compensation ......................236, 365,
408, 409, 791 HB 1414 --Perishable Agricultural Commodity Act; provide....................................236, 365 HB 1415 --Commercial Code; security interests in crops;
priority ........................................................................................236, 365, 1068 HB 1416 --Motor vehicle insurance; accidents involving firemen or
emergency medical technicians; surcharge ............................237, 365, 1068 HB 1417 --Motorcycles; prohibit passengers under 10 years
of age .............................................................................................237, 365, 857 HB 1418 --Falconry; amend provisions..............................................................237, 365, 1068 HB 1419 --Sales tax; farm equipment repair; exempt from definitions..................237, 366 HB 1420 --Commercial Code; security interest in crops;
sharecroppers .....................................................................237, 366, 965, 2721 HB 1421 --Liability and casualty insurers; information to
claimant.......................................................................................237, 366, 1157 HB 1422 --Telephones; county-wide local calling; certain exemption.....................238, 366 HB 1423 --Certain military duty; public officers and employees;
sick leave.....................................................................................238, 366, 2098 HB 1424 --Civil practice; deposition or discovery; sanctions..........................238, 366, 1068 HB 1425 --Plumbing; definition.....................................................................................238, 366 HB 1426 --Insurance; premium taxes; amend provisions ..........................................238, 366 HB 1427 --Heard County; board of education; reapportion.....................................238, 366,
917, 918, 1163 HB 1428 --Ad valorem tax; litigation proceedings; payment of
assessment ........................................................................239, 366, 2098, 2782 HB 1429 --State Tollway Authority; private persons or entities;
participation in projects...................................................239, 366, 911, 1275 HB 1430 --Talbot County; superior court clerk; salary ............................................239, 366,
408, 409, 791 HB 1431 --Talbot County; tax commissioner; compensation...................................239, 366,
408, 409, 791 HB 1432 --Talbot County; sheriff; compensation..............................239, 366, 408, 409, 791 HB 1433 --Talbot County; probate court judge; compensation...............................239, 366,
408, 410, 791 HB 1434 --Hearing aid dealers and dispensers; speech-language
pathologists and audiologists; licensing...........................................239, 366, 856, 1005, 2110
HB 1435 --Psychologists or psychiatrists and patients; privileged communications ............................................240, 366, 1716, 1801
HB 1436 --Cobb County; board of education; compensation...................................240, 366, 432, 435, 1342
HB 1437 --Alcoholic beverages sales; certain coliseum authorities.........................240, 366, 426, 449, 462
6152
HB 1438 --Community Right to Know Act; enact......................................................240, 366 HB 1439 --Air quality; comprehensively revise provisions.......................................240, 366,
1653, 2352, 3597 HB 1440 --Air Quality Act and Motor Vehicle Emission
Inspection and Maintenance Act; recodify.............................240, 366, 466, 964, 1299, 1339, 2218
HB 1441 --Attorney General; employment of private counsel .........................355, 407, 482 HB 1442 --Regional development centers; membership ............................................356, 407 HB 1443 --Catoosa County; board of tax administrators; abolish ..........................356, 407,
432, 435, 862 HB 1444 --Catoosa County; board of utilities commissioners;
abolish..............................................................356, 407, 432, 435, 1749, 2249 HB 1445 --Special license plates; reservists and National
Guard; certain units outside state........................356, 407, 857, 1788, 2923 HB 1446 --Disposition of property; forfeiture of firearms;
certain offenses ..........................................................................356, 407, 2104 HB 1447 --Bicycle paths; required use by riders; counties and
municipalities ..................................................356, 407, 462, 911, 1063, 3019 HB 1448 --Income tax credit; investment in certain progress
expenditure property...........................................................................356, 407 HB 1449 --Income tax credit; rehabilitation of certain
commercial property............................................................................357, 407 HB 1450 --District attorneys; employ victim or witness
assistance personnel..............................................357, 407, 1035, 2677, 4207 HB 1451 --Alcoholic beverages; Sunday sales and sales by drink;
sales in coliseums; population figures ...................................357, 407, 1550, 2186, 2293, 4197, 4284
HB 1452 --Prisoners; notification to victim of change in status ..............................357, 407 HB 1453 --Parks, historic sites, and recreational areas;
violations of rules and regulations; probate court jurisdiction.............................................................357, 407, 1068, 1469, 2659 HB 1454 --Bibb County; board of commissioners; districts.....................................357, 407,
489, 490, 970 HB 1455 --Wrens, City of; councilmen; election................................358, 407, 432, 435, 862 HB 1456 --Evans County; board of education; reapportion.....................................358, 407,
489, 490, 970 HB 1457 --Evans County; board of commissioners; reapportion.............................358, 407,
489, 491, 970 HB 1458 --Cobb County; commissioner districts; reapportion ................................358, 407,
489, 491 HB 1459 --Mobile homes; 16 feet wide; single-trip permits.....................................358, 407,
859, 929, 2218 HB 1460 --Ad valorem tax; heavy-duty construction equipment;
exceptions..............................................................^, 407, 1150, 1402, 4207 HB 1461 --Glynn County; board of commissioners; districts....................................358, 407 HB 1462 --Driver's license suspension; exemption of application
fee............................................................................359, 407, 1365, 2235, 3019 HB 1463 --Ad valorem tax; property assessment at fair market value...................359, 407 HB 1464 --Real estate transfer tax; exempt foreclosure sale....................................359, 407 HB 1465 --Barrow County; education districts; reapportion ...................................359, 407,
1076, 1079, 1454 HB 1466 --Fort Oglethorpe, Town of; redesignate as City of
Fort Oglethorpe...........................................................359, 407, 432, 436, 862
HB 1467 --Carl, Town of; new charter ................................................359, 407, 432, 436, 970 HB 1468 --Mclntosh County; board of commissioners; districts..............................359, 407
HB 1469 --MARTA; operating costs; exclusion from definition..............................360, 407, 442, 483, 501, 1088
6153
HB 1470 --Common carriers; repeal presumption of negligence .............................360, 407, 910, 1294, 2449
HB 1471 --Transit tokens, cards, coins, or similar articles; alterations; prohibitions...................................360, 407, 442, 483, 502, 1377
HB 1472 --Crematories; licensing; exception...............................................................360, 407 HB 1473 --Juvenile judges practicing law; certain judicial
circuits; repeal prohibition .................................................................360, 407 HB 1474 --Fraudulent receipt of rental property; define offense ...........................360, 407,
1520, 2571, 4196 HB 1475 --Public records; certain resumes; not open to inspection........................361, 407 HB 1476 --Workers' compensation; certain insurance rates;
adverse experience modification factors; restrictions ...............................................................361, 407, 779, 1508, 2659 HB 1477 --Water well contractors; continuing education programs; provisions..............................................................................................361, 407 HB 1478 --Motor vehicles; flashing blue light; prohibit other than police use ......................................................361, 407, 1365, 1867, 4207 HB 1479 --Rockdale County; homestead exemption; age 65 or disabled...............361, 407,
432, 432, 862 HB 1480 --Controlled substances or marijuana; trafficking; penalty.......................361, 407 HB 1481 --Clarke County; homestead exemption; age 65 ........................................362, 407,
432, 433, 1860 HB 1482 --Education; capital outlay; certain sparsity systems;
consolidation hearings.............................................362, 407, 856, 929, 3830, 4001, 4281, 4340, 4360, 4413, 4589
HB 1483 --Chiropractors; scope of practice.................................................................362, 407 HB 1484 --Sales tax exemption; bulk curing tobacco barns .....................................362, 407 HB 1485 --Blasters; licensing provisions............................................................362, 407, 2098 HB 1486 --Motor vehicle insurance; prohibit discrimination
based on location .................................................................................362, 407 HB 1487 --Motor vehicles; failure to secure load; points...............................363, 407, 1365,
1405, 2656, 3283 HB 1488 --Death penalty; murder committed with firearm .....................................363, 407 HB 1489 --Local school superintendents; qualifications.......................363, 407, 1067, 1874 HB 1490 --School superintendents; change applicable provisions;
county to local; additional powers of local boards ........................363, 407, 1067, 2476, 3875, 4003
HB 1491 --Athens-Clarke County; commission districts ..........................................363, 407, 2590, 2592, 3020
HB 1492 --Athens-Clarke County; state court solicitor; compensation...................363, 407 432, 436, 862
HB 1493 --Clarke County; board of education; districts ..........................................364, 407, 2590, 2599, 3021
HB 1494 --Athens-Clarke County; juvenile court; transfer to state-wide services ...............................................................................364, 407
HB 1495 --Chattooga County; board of commissioners; districts............................364, 407, 1076, 1080, 1454
HB 1496 --Voter registration; driver's license examiners serve as deputy registrars; additional registration places.....................................................................................................364, 407
HB 1497 --Food labeling; spring water; definition............................................364, 407, 482, 865, 3762, 4059
HB 1498 --Madison County; homestead exemption; age 65.....................................364, 408, 432, 434, 862
HB 1499 --Barnesville, City of; amend charter..................................399, 431, 459, 460, 970 HB 1500 --Motor vehicle liability insurance; repeal Code provisions......................399, 431
HB 1501 --Grand juries; authorization to inspect city buildings
6154
and records............................................................................................400, 431 HB 1502 --Multilevel distribution companies; amend provisions ...........................400, 431,
1149, 1630, 3960, 4269 HB 1503 --Fire safety standards; revise provisions ...................................................400, 431,
1157, 1541, 2659 HB 1504 --Public assistance; reports; aggregate expenditures..................................400, 431 HB 1505 --Food stamp program; reduction in assistance..........................................400, 431 HB 1506 --Riceboro, City of; new charter...........................................400, 431, 459, 460, 970 HB 1507 --Public assistance; level based on length of residence.............................400, 431 HB 1508 --Driver's license reinstatement; certain courses;
out-of-state certificate............................................401, 431, 857, 1061, 1917 HB 1509 --Aid to dependent children; certain ineligibility;
exceptions..............................................................................................401, 431 HB 1510 --Aid to families with dependent children; certain
incremental benefits; eliminate..........................................................401, 431 HB 1511 --Aid to families with dependent children; Department of
Human Resources make study of all welfare benefits...................401, 431 HB 1512 --Certificate of need; multiple petitions for judicial
review; consolidation ...........................................................................401, 431 HB 1513 --Hospitals; permit to operate; insurance or bond
requirement...........................................................................................401, 431 HB 1514 --Civil actions; summons; service by mail....................................................402, 431 HB 1515 --Chatham County; Intergovernmental Council; repeal
Act creating...........................................................................................402, 431 HB 1516 --Mountain and river protection; single-family dwelling;
certain exception........................................................................402, 431, 1653 HB 1517 --DeKalb County; ordinance violations; penalties.....................................402, 431,
1044, 1044, 1723 HB 1518 --Principal and agent; conditional power of attorney...............................402, 431,
857, 1061 HB 1519 --Child support; continuation past age of majority..........................402, 431, 482,
895, 3018, 3827, 3895, 3993, 4019, 4476, 4587 HB 1520 --Trust; beneficiary of will; appointment of administrator......................403, 431,
857, 1104, 1917 HB 1521 --Administrator, executor, or guardian; distributing
fiduciary; commission..........................................................................403, 431 HB 1522 --Torts; medical malpractice..........................................................................403, 431 HB 1523 --Sexual assault against persons under psychotherapeutic
care; define offense.......................................403, 431, 857, 1167, 2922, 3264 HB 1524 --Civil practice; deposition; examination of defendant
in action.................................................................................................403, 431 HB 1525 --Reapportionment; congressional districts.................................................403, 431 HB 1526 --Property and casualty insurance; annual reports;
consumer complaints...........................................................................404, 431 HB 1527 --Probationers; community service; perform tasks for
handicapped or elderly .............................................................404, 431, 2482 HB 1528 --Child custody; agreement between parents; final judgment.................404, 431,
1068, 1873, 2924 HB 1529 --Child safety restraints; failure to use; increase
penalty.........................................................................................404, 431, 2185 HB 1530 --State Patrol Disciplinary Board; abolish.........................................404, 431, 858,
1164, 2461, 3290
HB 1531 --Georgia Health Care Act; enact..................................................................404, 431
HB 1532 --Insurers; investments and surplus lines provisions; health insurance; spousal coverage........................................405, 431, 1075, 1869, 4134, 4216
HB 1533 --Alcoholic beverage sales; certain counties; change
6155
population figures...................................................405, 431, 911, 1026, 1623 HB 1534 --Death certificates; disposition of body permits;
amend provisions ..................................................405, 432, 1157, 2247, 4595 HB 1535 --Georgia Direct-Entry Midwifery Act; enact...................................405, 432, 2185 HB 1536 --Occupation or professional tax; limitations......................................405, 432, 442 HB 1537 --Joint city-county boards of tax assessors; repeal
certain Acts ......................................................................405, 432, 1904, 2052 HB 1538 --Fulton County; board of commissioners; residency.................................406, 432 HB 1539 --Household goods carrier; regulation by Public
Service Commission................................................406, 432, 857, 1025, 4207 HB 1540 --Livestock dealers; leased livestock sales;
liability to owner or lessor.....................................406, 432, 482, 2233, 4595 HB 1541 --State lottery; provisions.........................................406, 432, 857, 934, 1722, 4041 HB 1542 --Home Delivered Meals, Transportation Services to the
elderly, and Preschool Children with Special Needs Fund; create...............................................427, 458, 1839, 1885, 2924 HB 1543 --Acworth, City of; corporate limits...................................427, 458, 917, 918, 1163 HB 1544 --Public Service Commission; authority over area codes ..........................428, 458 HB 1545 --Judicial sales; legal advertising; official organ provisions...............................................................428, 458, 1149, 1359, 2219 HB 1546 --Railroads; interfering with communication or signal wires; define offense ............................................................................428, 458 HB 1547 --Expert testimony; amend provisions .........................................................428, 458 HB 1548 --Hunting wildlife; prohibitions; Pogo 'Possum; designate as official state 'possum.........................................428, 458, 1068,
2679, 4188, 4277 HB 1549 --Department of Children and Youth Services; create....................424, 432, 1434
2270, 3160, 3293 HB 1550 --Workers' compensation; amend provisions...............................................428, 458 HB 1551 --Sales tax and license fee exemptions; solar or electric
powered vehicles...................................................................................429, 458 HB 1552 --Aquatic Weed Control Act; enact ..............................................................429, 458 HB 1553 --Fulton County; homestead exemption .......................425, 432, 1447, 1451, 1918 HB 1554 --Air quality; odor-causing chemicals; emission limitations .....................429, 458 HB 1555 --Certain municipalities; binding contracts; nonprofit
aquariums..............................................................................................429, 458 HB 1556 --Sale advertisements; availability disclaimer; type size ..........................429, 458,
1068, 1877 HB 1557 --Landlord and tenant; utilities; repeal certain
provisions....................................................................................429, 458, 2296 HB 1558 --Lowndes County; board of elections; repeal Act providing ..................430, 458,
1076, 1080, 2113 HB 1559 --Hazardous substance or oil spills; actions for damages..........................430, 458 HB 1560 --Murder and involuntary manslaughter; direct or indirect
causes.....................................................................................................430, 458 HB 1561 --Real property; acquisition by transfer; tax return .................................430, 458,
1717, 2720, 4208 HB 1562 --Certain tax appeals; time interest accrual begins...................................430, 458,
1717, 2583, 4595 HB 1563 --Roadway lighting; provisions for state funding .......................................430, 458 HB 1564 --Guardian; child with living parent; appointment
by probate court judge..............................................................430, 458, 2428
HB 1565 --Campaign contributions during legislative session; reporting ...............................................................................443, 458, 551, 847
HB 1566 --Barbers, State Board; continuation..............................453, 488, 779, 1004, 3019
HB 1567 --Certain judicial circuits; assistant district attorney;
population classification .....................................................................453, 488
6156
HB 1568 --Certain judicial circuits; judges' supplement; population classification .....................................................................453, 488
HB 1569 --Firearm possession; prohibitions; exempt trial court clerk......................................................................................"..................453, 488
HB 1570 --Vehicles transporting certain agents; exempt from marking requirement..............................................454, 488, 857, 1354, 2324
HB 1571 --Cosmetology, State Board; continuation......................454, 488, 779, 1004, 2659 HB 1572 --Psychologists, State Board; continuation.....................454, 488, 779, 1005, 3019 HB 1573 --Nursing Home Administrators, State Board; continuation ..................454, 488,
779, 1005, 4208 HB 1574 --Physical therapists; revise provisions; State Board;
continuation......................................454, 488, 1157, 1878, 3594, 3986, 4590 HB 1575 --Contracts; timely payments; grounds for withholding............................454, 488 HB 1576 --Blood transfusions; certain information; doctor
inform patient.......................................................................................454, 488 HB 1577 --DeKalb County; board of commissioners; reapportion..........................455, 488,
3732, 3790, 4234, 4239 HB 1578 --Bibb County; juvenile services; transfer to state-wide
system.........................................................................455, 488, 779, 786, 1088 HB 1579 --Voting; minors accompany parents in booth;
authorization ..............................................................................455, 488, 1335 HB 1580 --Practice of podiatry; definition.......................................................455, 488, 1148,
1878, 2068, 3018, 3294 HB 1581 --Franklin County; homestead exemption; age 65.....................................455, 488,
779, 786, 1088 HB 1582 --Driver's license restoration; certain clinics;
restrict solicitations...........................................................455, 488, 857, 1027 HB 1583 --Emergency 911 systems; advisory board; local
governments create...............................................456, 488, 1716, 2580, 4595 HB 1584 --Driving under the influence conviction; appeal bond;
discretionary .........................................................................................456, 488 HB 1585 --Property; lien against previous owner; cancellation......................456, 488, 1035 HB 1586 --Property to secure debt; title reversion; change time.............................456, 488 HB 1587 --Motor vehicles; proof of insurance; certain
information required ...........................................................................456, 488 HB 1588 --Mobile homes; moving without decals; certain notification...................456, 488 HB 1589 --Theft by receiving stolen property; exclude certain
ticket purchases .........................................................................457, 488, 1068 HB 1590 --Driver's license; parent's signature; subsequent
application..................................................................................457, 488, 1365 HB 1591 --Public records; exhibits given as evidence; prohibit
public inspection........................................................................457, 488, 2590 HB 1592 --Courts; certain funds; deposit in interest-bearing
trust accounts.............................................................................457, 488, 2585 HB 1593 --Firemen's Pension Fund; repeal certain exemptions.............................457, 488,
1036, 1876 HB 1594 --Teachers Retirement System; reestablishment of service.....................457, 488,
1036, 1358, 3845 HB 1595 --County tax digest; evaluation cycle; provisions............................458, 488, 1069,
2091, 3018, 3317 HB 1596 --Georgia Defined Contribution Plan; create.............................................485, 778,
1036, 1287, 2659
HB 1597 --Mental health; patient cost of care; amend provisions..........................485, 778, 1157, 1663
HB 1598 --Child care expenses; court-ordered reimbursement;
include Department of Human Resources......................................485, 778, 1148, 1773, 4208
6157
HB 1599 --Adoption; petition verification; criminal records check.........................485, 778, 2185, 2474, 3830, 3994
HB 1600 --Distilled spirits; retail dealer license; provisions .....................................486, 778 HB 1601 --Human Resources Department; certain licensing;
fee provisions ........................................................................................486, 778 HB 1602 --Motor vehicles; license plates; prohibit obstruction................................486, 778 HB 1603 --Woodstock, City of; corporate limits..............................486, 778, 917, 918, 1163 HB 1604 --Muscogee County; ad valorem tax; homestead exemptions..................486, 778,
858, 859, 1088 HB 1605 --Peachtree City, City of; mayor and council; terms........................486, 778, 858,
859, 1751 HB 1606 --Fayetteville, City of; mayor and council; elections........................487, 778, 858,
859, 1751 HB 1607 --Sentencing; probation; amend provisions ...................487, 778, 779, 1509, 2923,
2959, 3161, 3168, 3277, 4101, 4202 HB 1608 --Insurance; medical malpractice; provisions..............................................487, 778 HB 1609 --Individual sewage management systems; regulate .......................487, 778, 1615,
1788, 4196, 4279, 4591 HB 1610 --Kennesaw, City of; corporate limits ...............................487, 778, 917, 918, 1163 HB 1611 --Abandoned cemeteries; upkeep by counties and
municipalities; reimbursement............................487, 778, 2098, 2377, 4208 HB 1612 --Corporations; execution of documents; presumption
of authority............................................................488, 778, 1068, 1349, 2110 HB 1613 --Sheriffs; qualifications; amend provisions.....................................488, 778, 1272,
2070, 3597 HB 1614 --State income tax; taxable nonresident; professional
athletes..................................................................................................488, 778 HB 1615 --Sumter County; board of commissioners; districts......................770, 855, 2844,
2845, 3163 HB 1616 --Mobile homes; ad valorem tax; county decals...............................770, 855, 1150 HB 1617 --Quality basic education; curriculum; sign language
for deaf..................................................................................................771, 855 HB 1618 --Mclntosh County; superior court; terms....................771, 855, 1520, 1626, 3597 HB 1619 --Sumter County; board of education; districts...............................771, 855, 2844,
2849, 3163 HB 1620 --Glynn County; education districts; reapportion ......................................771, 855 HB 1621 --Probate court; service of minor or incapacitated
adult; provisions.........................................................................771, 855, 1157 HB 1622 --Small employer health benefit plans; provisions.....................................771, 855 HB 1623 --Clayton-Rabun County Water and Sewer Authority; create................771, 855,
1076, 1080, 1454 HB 1624 --Radio common carriers; termination of service............................551, 778, 1716,
2066, 4208 HB 1625 --Motor vehicle insurance; total loss claim; insurer notify
owner of obligations.............................................................................772, 855 HB 1626 --Bartow County; probate court judge; nonpartisan.........................772, 855, 917,
919, 4596 HB 1627 --Bartow County; commissioner; office.............................772, 855, 917, 919, 4596 HB 1628 --Euharlee, City of; mayor; term........................................772, 856, 917, 919, 4596 HB 1629 --Jackson County; board of commissioners; annual
financial report..........................................................772, 856, 917, 919, 1342 HB 1630 --Americus, City of; new charter........................................772, 856, 917, 919, 1163
HB 1631 --Varnell, City of; new charter ...........................................772, 856, 965, 965, 1342 HB 1632 --Homestead exemption; retirement community property .......................772, 856
HB 1633 --Natural gas; certain retail sales not under jurisdiction of Public Service Commission...........................773, 856, 1149, 2058, 3163
6158
HB 1634 --Combined sewer overflow; sewage overflow treatment; compliance date....................................................................................773, 856
HB 1635 --Juries; peremptory challenges; equal number..........................................773, 856 -HB 1636 --Alcoholic beverages; certain excise taxes; increase ..................................773, 856 HB 1637 --Auctioneers and used motor vehicle dealers; licensing
provisions.....................................................773, 856, 1149, 2573, 4006, 4217 HB 1638 --Crimes; use of force against person forcibly
entering habitation ..............................................................................774, 856 HB 1639 --Excise tax on cigarettes; increase...............................................................774, 856 HB 1640 --Personal care homes; certain services; prohibit
certain representations ..............................774, 856, 1839, 2581, 3960, 4063 HB 1641 --Criminal Justice Coordinating Council; add member...................774, 856, 1149 HB 1642 --Fire protection sprinkler system; certificate
of competency; revocation...................................774, 856, 1149, 2067, 3763 HB 1643 --Telephones; new area codes; prohibit splitting counties........................774, 856 HB 1644 --Elections; amend provisions ................................775, 856, 910, 1050, 2923, 3268 HB 1645 --Traffic cases in probate court; certain counties;
repeal certain provision........................................552, 778, 1076, 1080, 2113 HB 1646 --Individual accident and sickness insurance policies;
rate modifications and loss ratio guarantees; filing...................................................775, 856, 1075, 2073, 3845 HB 1647 --Executive branch publications; use of officials' names; prohibitions ......................................................................775, 856, 1043, 1295 HB 1648 --Ethics training courses; provisions........................................775, 856, 2428, 2747 HB 1649 --Foreign limited liability companies; provisions............................775, 856, 1068,
1546, 4018, 4108 HB 1650 --Home Delivered Meals and Transportation Services
for the Elderly Fund; establish..........................................................775, 856 HB 1651 --Probate courts; schedule of costs in certain counties;
population brackets........................................776, 856, 965, 965, 1620, 1897 HB 1652 --Certain counties; office of treasurer; repeal Act
abolishing...............................................................776, 856, 1076, 1080, 2113 HB 1653 --Certain counties and municipalities; joint city-county
boards of equalization; create............................................................776, 856 HB 1654 --Fulton County; homestead exemption; certain residents......................776, 856,
2430, 2435, 3624, 4270 HB 1655 --Intangible tax; exempt stock in certain financial
institutions.............................................................776, 856, 1520, 1538, 2449 HB 1656 --Principal and agent; revise provisions to create agency .........................776, 856 HB 1657 --Reapportionment; congressional districts ...........................777, 856, 1149, 1181,
3189, 3312, 3313, 3313, 3732, 4251, 4285, 4430 HB 1658 --Educational assistance program; Labor Department
personnel................................................................777, 856, 1149, 1467, 2449 HB 1659 --Emanuel County; board of education; vacancies............................852, 916, 965,
966, 1343 HB 1660 --Certain fish; possession limits; prohibit transfer
at sea.......................................................................852, 916, 1068, 2060, 4208 HB 1661 --Department of Human Resources; actions against
licensees; amend provisions...........................................853, 916, 1615, 2057 HB 1662 --Sumter County Livestock Authority; create..................853, 916, 965, 966, 1343 HB 1663 --High-voltage Safety Act; amend provisions..................................853, 916, 1716,
2076, 3597
HB 1664 --Criminal procedure; presentence hearing; victim impact statement .................................................................................853, 916
HB 1665 --State employees' health insurance plan; elective abortions; prohibit coverage...............................................................853, 916
HB 1666 --Life insurance claim; when filed; interest...........................853, 916, 1075, 1360,
6159
1407, 3018, 3188, 3246, 3246, 3335, 4500, 4588 HB 1667 --Counties and municipalities; certain lake property;
disposition..............................................................850, 856, 1036, 2063, 4208 HB 1668 --Live fox; trapping and selling; provisions............................853, 916, 1519, 2231 HB 1669 --Northern Judicial Circuit; add judge ........................................................854, 916 HB 1670 --Motor carriers; registration cards and
identification markers; certain outstanding penalties or fees .............................................................854, 916 HB 1671 --Public utilities; operating property; return for taxation..................................................................................................854, 916 HB 1672 --Cobb County; board of commissioners; amend provisions; districts..............................................854, 916, 2590, 2607, 2947, 3041, 3160 HB 1673 --DeKalb County; board of education; reapportion........................854, 916, 2191,
2192, 2864 HB 1674 --Special one percent sales tax; imposition; time limit .............................854, 916 HB 1675 --County real property; sale to highest bidder; provisions ......................854, 916,
1036, 2472, 4209 HB 1676 --Motor vehicle liability insurance; offer and acceptance;
claims .................................................855, 916, 1075, 1677, 3622, 3996, 4591 HB 1677 --Eminent domain; condemned property; environmental
compliance.............................................................................................855, 916 HB 1678 --Certain counties; probate court costs; population
brackets.................................................................................................855, 916 HB 1679 --Workers' compensation; amend provisions.........................865, 916, 1148, 1558,
3245, 4252, 4590 HB 1680 --Regional development centers; employees; restrictions.........................912, 963,
1036, 1868, 3018, 3265 HB 1681 --School activities outside academic day; certain
students; provisions .............................................................................913, 963 HB 1682 --Trademark registration; revise fees; corporations,
partnerships, and associations; revise fees.......................................913, 963 HB 1683 --Driving under the influence; publication of
conviction notice; payment.................................................................913, 963 HB 1684 --Baldwin County; magistrate court; amend provisions.................913, 963, 1044,
1044, 1722, 2174, 2655 HB 1685 --Bad check prosecution; cash bonds; provisions.......................................913, 963 HB 1686 --Commercial vehicle registration; reciprocal agreements;
deadlines .....................................................................................913, 963, 2186 HB 1687 --Child support receiver; collect court costs and
service fees...................................................914, 963, 1068, 2251, 3594, 3973 HB 1688 --Special alternative incarceration; adult education
courses; requirement............................................................................914, 963 HB 1689 --Abandoned railroad property; acquisition provisions ............................914, 963,
2186, 2750 HB 1690 --General Assembly candidates; residency qualifications;
jurisdiction............................................................................................914, 963 HB 1691 --Cruelty to animals; define offense ...............................914, 963, 991, 2423, 2783,
3873, 3957 HB 1692 --Land bank authorities; property acquisition; certain
taxes........................................................................914, 963, 1904, 2814, 3846 HB 1693 --Proprietary schools; exempt certain colleges and
universities and certain institutes of paper
science and technology .............................914, 963, 1076, 1404, 3831, 4096, 4134, 4267, 4359, 4417, 4588
HB 1694 --Rural telephone cooperatives; powers within certain
cities; population classification .....................................915, 963, 1716, 1876 HB 1695 --Crisp County; magistrate court; law library fees..........................915, 963, 1044,
6160
1045, 1378 HB 1696 --Haralson County; board of education; districts............................915, 963, 1336,
1337, 1622 HB 1697 --Seat belts; failure secure child; charge driver..........................................915, 963 HB 1698 --Minors in open bed pickups; prohibit on four lane
highways................................................................................................915, 963 HB 1699 --Echols County; board of commissioners; compensation........................915, 963,
1044, 1045, 1378 HB 1700 --Tattnall County; board of commissioners; reapportion.........................916, 963,
1158, 1158, 1537 HB 1701 --Technical and adult education; federal assistance;
notification exemption ........................................................................916, 963 HB 1702 --Tattnall County; board of education; reapportion.......................916, 963, 1158,
1158, 1537 HB 1703 --Local school systems; certain materials and instruction;
prohibit................................................................................................960, 1043 HB 1704 --Floyd County; homestead exemption; $5000 ..............................960, 1043, 1076,
1081, 1454 HB 1705 --Floyd County; school district taxes; homestead
exemption.............................................................960, 1043, 1076, 1082, 1454 HB 1706 --Bail bonds; release of surety; surrender of principal...........................960, 1043,
1157, 1462, 3162, 3256 HB 1707 --Rabun County Economic Development Authority; create..................961, 1043,
1076, 1081, 1454 HB 1708 --Certain counties; alcoholic beverage sales; population
bracket..................................................................961, 1043, 1550, 2186, 2236 HB 1709 --Workers' compensation; health benefits; pilot projects........................961, 1043 HB 1710 --Felony trials; size of jury panel; number of peremptory
challenges...............................................................926, 963, 1716, 2421, 3597 HB 1711 --Athletic team physician; voluntary service; liability.............................961, 1043 HB 1712 --Atlanta, City of; municipal court; fees.........................................961, 1043, 1525,
1526, 3163 HB 1713 --Amateur radio operators; antennae installation;
restrictive covenants................................................................961, 1043, 2482 HB 1714 --Liability insurance; psychotherapist and patient;
prohibit certain exclusions ...............................................................961, 1043 HB 1715 --Demand for trial; serve assigned judge...................................................962, 1043 HB 1716 --Civil actions; sexual misconduct of psychotherapists;
tolling of limitations ..........................................................................962, 1043 HB 1717 --County boards of health; eighth member; provisions...........................962, 3043 HB 1718 --Counties and municipalities; business license issuance;
require proof of state license.............................962, 1043, 1158, 1350, 4209 HB 1719 --Barrow County; board of commissioners; reapportion.........................962, 1043,
1525, 1527, 1860 HB 1720 --Mclntosh County; board of elections; provisions.......................962, 1043, 1717,
1720, 2111 HB 1721 --Criminal procedure; restitution unclaimed after seven
years; disposition.........................1037, 1075, 1742, 2248, 3895, 3999, 4133, 4134, 4236, 4280, 4588
HB 1722 --Tax lien; security interest; priority.........................!034, 1043, 1520, 1629, 2924 HB 1723 --Grain dealer, commercial feed dealer, or warehouseman;
annual license fee........................................................1037, 1075, 1433, 2806 HB 1724 --Stephens County; magistrate court; law library fees .........................1038, 1075,
1158, 1159, 1537
HB 1725 --Certain counties; commissioners' compensation; repeal
Act providing.....................................................1038, 1075, 2590, 2616, 3599 HB 1726 --Homicide by vehicle; student entering or exiting school
6161
bus; penalty ............................................................................1038, 1075, 2428 HB 1727 --Jones County; homestead exemption; increase.........................1038, 1075, 1158,
1161, 1622 HB 1728 --Clermont, Town of; mayor and council; terms.........................1038, 1075, 1158,
1159, 1537 HB 1729 --Alpharetta, City of; election districts; reapportion ............................1038, 1075,
2191, 2199, 2864 HB 1730 --Bryan County; board of commissioners; districts ....................1038, 1075, 1336,
1337, 1622 HB 1731 --Newton County; motor vehicles; designated registration
periods......................................................1039, 1075, 1525, 1533, 2109, 2233 HB 1732 --Alpharetta, City of; mayor and council; powers.......................1039, 1075, 1845,
1850, 2450 HB 1733 --Development authorities; joint boards of directors;
assumption of powers.......................................!039, 1075, 2590, 2616, 3846 HB 1734 --Mclntosh County; education districts; reapportion ............................1039, 1075 HB 1735 --Gordon County; abolish board of commissioners;
provide office of commissioner..................................l039, 1075, 1158, 1159 HB 1736 --Nonapproved medical schools; certain graduates;
limited licenses.......................................................................1039, 1075, 2590 HB 1737 --Smithville, City of; council; elections.........................................!040, 1075, 2590,
2616, 3163 HB 1738 --Lee County Utilities Authority; create ......................................1040, 1075, 1158,
1159, 1537 HB 1739 --Income tax; nonrecognition of gain; certain
withholding provisions .....................................1040, 1075, 1150, 2260, 3846 HB 1740 --Fulton County; education districts; reapportion......................1035, 1043, 2782,
2827, 3832 HB 1741 --Alcohol, distilled spirits, table wines, and dessert
wines; first sale, use, or final delivery; excise tax......................................................................1040, 1075, 2186, 2253 HB 1742 --Capital cases; demand for trial; serve prosecutor and judge...........................................................................................!040, 1075 HB 1743 --Elections; certain county offices; ballot include candidate's chief deputy .................................................................1040, 1075 HB 1744 --Jones County; board of commissioners; compensation......................1040, 1075,
1158, 1160, 1622 HB 1745 --Postsecondary institutions; certain immunizations;
enrollment requirement ..................................................................1041, 1075 HB 1746 --Oconee County; surveyor; appointment.................1041, 1075, 1158, 1160, 1537 HB 1747 --Labels for agricultural seeds; show year produced.............................1041, 1075,
1433, 1517 HB 1748 --Pawnbrokers; record book of sales; delete requirement.....................1041, 1075 HB 1749 --Searches with warrants; destruction of property;
liability..........................................................................1041, 1075, 1520, 2557 HB 1750 --Revenue bonds; services provided or made
available; amend provisions.............................!041, 1075, 1741, 1755, 3020 HB 1751 --Motor vehicles; accident reports; insurance
information.......................................................................................1042, 1075 HB 1752 --Liability insurer; refusal to settle claim;
certain liability .................................................................................1042, 1075 HB 1753 --Teachers Retirement; spousal option; revoke upon
death of spouse..................................................l042, 1075, 1435, 2240, 4209
HB 1754 --Teachers Retirement; eligibility provisions; amend ..................................................................1042, 1075, 1435
HB 1755 --Carrying deadly weapon at school or school function; penalty....................................................................1042, 1075, 1909
6162
HB 1756 --Secondary metals recyclers; regulate......................1070, 1156, 1716, 2351, 4209 HB 1757 --Lawrenceville, City of; corporate limits...........................1071, 1156, 1369, 1370,
3624, 3870 -HB 1758 --Special license plates; certain disabled veterans .................................1071, 1156 HB 1759 --Certain counties; board of elections; repeal
Act creating........................................................1071, 1156, 1615, 1616, 2662 HB 1760 --Motor vehicle insurance; prohibit surcharge;
driver clinic attendance...................................................................1071, 1156 HB 1761 --Education; open communication between child and parents;
prohibit interference by local systems..........................................1071, 1156 HB 1762 --Kite, City of; new charter.........................................!071, 1156, 1525, 1533, 1860 HB 1763 --Family violence; law enforcement officers; reports
and training.............................................1071, 1156, 1840, 2337, 3763, 3974 HB 1764 --Coweta County; board of commissioners; deputy clerk
and treasurer.....................................................1072, 1156, 1336, 1337, 1622 HB 1765 --Coweta County; commissioner districts; reapportion.........................1072, 1156,
1369, 1370, 1723 HB 1766 --Coweta County; board of commissioners; repeal
certain amendment...........................................1072, 1156, 1336, 1337, 1622 HB 1767 --Upper Savannah River Development Authority;
amend provisions ..............................................1052, 1075, 1158, 1348, 2219 HB 1768 --Acworth, City of; probation office; create .................................1072, 1156, 1336,
1338, 1723 HB 1769 --Jails; certain medical and wrongful actions costs;
inmates reimburse........................!052, 1075, 1150, 1411, 1456, 3594, 4422 HB 1770 --Walker County; probate judge; personnel's compensation ...............1072, 1156,
1336, 1338, 1723 HB 1771 --Walker County; superior court clerk; personnel's
compensation.....................................................1072, 1156, 1336, 1338, 1723 HB 1772 --LaFayette, City of; corporate limits .......................1072, 1156, 1369, 1371, 1723 HB 1773 --Walker County; tax commissioner; personnel's
compensation.....................................................1073, 1156, 1336, 1338, 1724 HB 1774 --Hartwell, City of; new charter.................................1073, 1156, 1336, 1339, 1724 HB 1775 --Small Employer Health Insurance Availability and
Consumer Protection Act; enact.....................1073, 1156, 1903, 2384, 2446 HB 1776 --Criminal procedure; certain insanity plea;
psychological or psychiatric examination required..................................................1052, 1075, 1840, 2420 HB 1777 --Atlanta, City of; ad valorem tax; collections by Fulton County; payment..................................!053, 1075, 2430, 2437, 3163 HB 1778 --DeKalb County; homestead exemption; age 65...................................1073, 1156 HB 1779 --Controlled or counterfeit substances; trafficking near playground or housing project; penalties..........................1073, 1156, 1520,
2075, 3763, 3922 HB 1780 --Atlanta, City of; homestead exemption;
certain residents......................................1073, 1156, 2430, 2438, 3624, 4272 HB 1781 --Sodomy, fornication, adultery; repeal
certain provisions.............................................................................1074, 1156 HB 1782 --Criminal procedure; disclosure of
evidence; exceptions ........................................................................1074, 1156 HB 1783 --Certain counties; law library funds;
repeal provisions ..............................................................................1074, 1156 HB 1784 --Western Judicial Circuit; add judge ......................................................1074, 1156
HB 1785 --Atlanta, City of; homestead exemption; certain residents......................................1074, 1156, 2430, 2441, 3624, 4274
HB 1786 --Wilcox County; board of commissioners; districts...................1074, 1156, 2987, 2988, 4210
6163
HB 1787 --Wilcox County; board of education; districts ...........................1074, 1156, 2987, 2991, 4210
HB 1788 --Trial jurors; certain rights and authority; court inform......................................................................................1075, 1156
HB 1789 --Calhoun Recreation Authority; create....................H51, 1335, 1369, 1371, 1724 HB 1790 --Counties and municipalities; collection of state moneys;
retain percentage..............................................................................1152, 1335 HB 1791 --Atlanta, City of; traffic court; penalties................................................1105, 1156 HB 1792 --Atlanta, City of; municipal court fines;
additional penalties .........................................................................1105, 1156 HB 1793 --Capital outlay funds; school construction; base size..........................1152, 1335,
2184, 2293 HB 1794 --Child safety restraints; failure to use; penalty.....................................1152, 1335 HB 1795 --Property valuation; county and municipal assessments;
municipal ad valorem tax...............................................................1153, 1335 HB 1796 --Firemen's Pension Fund; certain insurance premium tax................1153, 1335,
1841, 2473, 4209 HB 1797 --Juries; peremptory challenges; equal number......................................1153, 1335 HB 1798 --State budget; items affecting children; budget unit
heads submit separate children, youth, and families budget.................................................................................1153, 1335 HB 1799 --Taylor County; probate judge serve as chief magistrate...........................................................1153, 1335, 1369, 1371, 1724 HB 1800 --Butler, City of; council districts; composition..........................1154, 1335, 2306,
2311, 2925 HB 1801 --Quality basic education; local fair share
funds; limitation...............................................................................1154, 1335 HB 1802 --Public officials; bail bond business; exception
to prohibition....................................................................................1154, 1335 HB 1803 --Walton County; board of commissioners; districts..................1154, 1335, 2191,
2202, 2864 HB 1804 --Income tax deduction; savings for first-time
home purchase..................................................................................1154, 1335 HB 1805 --Taxable net income; include campaign contributions
and certain expenditures ................................................................1154, 1335 HB 1806 --General Assembly; recordation and transcription of
sessions and certain committee meetings.....................................1154, 1335 HB 1807 --Bleckley County; board of education; districts....................................1155, 1335 HB 1808 --Taxation; jeopardy assessments by local
tax commissioner..............................................................................1155, 1335 HB 1809 --Motor vehicles; certificate of title; inspection
of records ................................................................................1155, 1335, 2185 HB 1810 --Retirement; mandatory age; certain Public Safety and
GBI employees.................................................................................1155, 1335 HB 1811 --Multiyear contracts; certain data; publication.....................................1155, 1335 HB 1812 --Local school systems; certified personnel;
grievance procedures.............................1330, 1369, 1908, 2171, 3877, 4060, 4195, 4229, 4250, 4472, 4588
HB 1813 --Speed detection devices; certain conditions; prohibit permit.......................................................................1170, 1335, 1840
HB 1814 --Custodial parent; change of residence; notify noncustodial parent..........................................1330, 1369, 2185, 2455, 4209
HB 1815 --Child support enforcement; district attorney; representation ..............................................................1331, 1369, 1520, 1678
HB 1816 --Absentee ballots; receive at courthouse in certain counties; population brackets .........................1331, 1369, 1903, 2058, 3023
HB 1817 --Certain counties; boards of health; implement injury
6164
prevention measures.................................,.......1331, 1369, 1841, 2826, 3847 HB 1818 --Houston County; board of elections; change
population provisions.......................................1331, 1369, 1447, 1448, 2113 JIB 1819 --Trade practices; solicitation of elderly; regulate..................................!331, 1369 HB 1820 --Fulton County; homestead exemption; school
district taxes.................................................................1331, 1369, 2430, 2443 HB 1821 --Executors and trustees; certain investments; authorize....................1332, 1369,
1434, 2268, 3598 HB 1822 --Marriage licenses; amend provisions .....................................................1332, 1369 HB 1823 --Education; tuition equalization grants; define
full-time student..........................................................1332, 1369, 1525, 2090 HB 1824 --Income tax credit; providers of certain prenatal care.........................1332, 1369 HB 1825 --Motor vehicles; certificate of registration; remain
in vehicle during operation.............................................................1332, 1369 HB 1826 --Motor vehicles; return for taxation; amend provisions.......................1332, 1369 HB 1827 --Civil practice; certain actions; jurisdiction; venue...............................1333, 1369 HB 1828 --Mentally retarded person; evaluation team report; time
for filing........................................................................1333, 1369, 1615, 2348 HB 1829 --Peace officers; certain training
costs; reimbursement.............................................................1333, 1369, 1840 HB 1830 --Witness fees; pay certain law enforcement officers.............................!333, 1369 HB 1831 --Floyd County; hospital authority; vacancies....................!333, 1369, 1447, 1449 HB 1832 --Morgan County; board of commissioners; districts..................1170, 1335, 2191,
2202, 2864 HB 1833 --Morgan County; board of education;
reapportion districts.........................................1170, 1335, 2191, 2205, 2865 HB 1834 --Standing timber; sales and harvests; when taxable.............................1171, 1335 HB 1835 --Atlanta, City of and Fulton County; recreation
authority; redefine project..............................................................!333, 1369 HB 1836 --Excise tax; hotels and motels; certain municipalities;
additional levy..................................................................................1334, 1369 HB 1837 --Quality basic education; certain courses;
amend provisions....................................1334, 1369, 2184, 2574, 3833, 3999 HB 1838 --Augusta-Richmond County Commission-Council; districts ..............1334, 1369,
3111, 3149 HB 1839 --Coweta County; board of education;
reapportion districts.........................................1334, 1369, 1615, 1617, 1918 HB 1840 --Electrical, plumbing, or conditioned air contractors;
licensing; grandfathering.................................................................1334, 1369 HB 1841 --Hospital Cost Containment Law; enact................................................1367, 1447 HB 1842 --Patient Self-referral Act of 1992; enact................................................1367, 1447 HB 1843 --Burke County; board of education; districts.............................!343, 1369, 1615,
1617, 3594, 3857, 3877 HB 1844 --Burke County; board of commissioners; districts ....................1343, 1369, 1615,
1617, 3625, 3860, 3877 HB 1845 --General Assembly; filing of bills when not in
session; provisions............................................................................ 1367, 1447 HB 1846 --Water and Wastewater Treatment Plant Operators
and Laboratory Analysts Board; add member.,...............1367, 1447, 2428, 2812, 4018, 4455
HB 1847 --Covered multifamily dwelling; accessible to handicapped........................................!368, 1447, 2098, 2381, 4195, 4456
HB 1848 --Magistrate courts; filing fees; maximum...............................................l368, 1447 HB 1849 --Rabun County; homestead exemption; age 65..........................1368, 1447, 1525,
1534, 1861
HB 1850 --Excise tax; hotels and motels; certain counties and municipalities; authorization to levy....................................1343, 1369,
6165
2585, 2780 HB 1851 --Local sales and use taxes; limitation; exclude MARTA.....................1344, 1369 HB 1852 --Cobb County; board of commissioners; vacancy ......................1344, 1369, 1525,
1533, 1918 HB 1853 --Special license plates; Pearl Harbor veterans;
number required ....................................................................1344, 1369, 1741 HB 1854 --Accident and sickness insurance; certain disorders;
include coverage ..........................................................1344, 1369, 2428, 2775 HB 1855 --Bribery; exclusions from definition of offense.....................................1344, 1369 HB 1856 --Child custody; ex-affines grandparents; visitation..............................1344, 1369 HB 1857 --Hospice patients; registered nurse
pronounce death ....................................................................1345, 1369, 2103 HB 1858 --Sumter County; commissioners' compensation; repeal
Act providing.....................................................1368, 1447, 2191, 2207, 3023 HB 1859 --Sumter County; board of commissioners; compensation...................1368, 1447,
1616, 1617, 1918 HB 1860 --False advertising; legal services; prohibitions...........................1439, 1524, 2185,
2729, 4209 HB 1861 --County law libraries; board of trustees; membership........................1439, 1524,
2297, 2678 HB 1862 --Floyd County; board of commissioners; terms .........................1439, 1524, 1616,
1617, 2111 HB 1863 --Simple battery in courtroom; define offense........................................1439, 1524 HB 1864 --Harris County; board of education; competitive bids........................1439, 1524,
1616, 1618, 1918 HB 1865 --Troup County; homestead exemption; certain residents...................1440, 1524,
1616, 1618, 2109, 2160 HB 1866 --Jails; incarceration costs; county reimbursement;
annual increase.................................................................................1440, 1524 HB 1867 --Standing timber; purchase reports to tax
assessors; disclosure.........................................................................1440, 1524 HB 1868 --Drivers' licenses; highlighted birthdate; renewal
by mail...............................................................................................1440, 1524 HB 1869 --Quality basic education; local fair share
funds; calculation.............................................................................1440, 1524 HB 1870 --Insurance agents, solicitors, brokers, counselors, and
adjusters; licensing; comprehensive revision................................1440, 1524 HB 1871 --Education; college preparatory curriculum;
sign language...........................................1441, 1524, 1908, 2349, 3762, 3928 HB 1872 --Solid waste management; state-wide recycling program;
establish for state agencies.............................................................1441, 1524 HB 1873 --Technical and adult education; quick start
training program...............................................1441, 1524, 1908, 2345, 3598 HB 1874 --Jobs Creation Authority; create.............................................................1441, 1524 HB 1875 --Denturist Practice Act; enact .................................................................1441, 1524 HB 1876 --Floyd County; county manager recommend
certain appointments........................................1441, 1524, 1616, 1618, 1918 HB 1877 --Taxation of intangibles; repeal Code chapter......................................1442, 1524 HB 1878 --Certain counties; interest on delinquent ad valorem
taxes; population brackets...............................!442, 1524, 2790, 2795, 3847 HB 1879 --Certain counties; board of elections;
population bracket............................................!442, 1524, 2306, 2311, 3023
HB 1880 --Certain counties; mobile home permits; population classification.............................................!442, 1524, 2782, 2828
HB 1881 --Certain counties; board of elections; repeal Act providing.....................................................1442, 1524, 2790, 2790, 4213
HB 1882 --Alcoholic beverages; Sunday sales; population brackets ...................1442, 1524,
6166
2333, 2482, 2788, 3847 HB 1883 --Certain counties; presentation of tax returns
population bracket......................................................1443, 1524, 2782, 2828 _HB 1884 --Juvenile judges practicing law; certain judicial circuit;
repeal prohibition........................................................1443, 1524, 2782, 2828 HB 1885 --Homestead exemption applications; population
brackets; exclude Carroll County..............................l443, 1524, 2790, 2795 HB 1886 --Tax returns; population brackets applicable to
Carroll County; repeal................................................1443, 1524, 2790, 2796 HB 1887 --Madison County; board of commissioners; districts ..........................1443, 1524,
1845, 1850, 2450 HB 1888 --Madison County; board of education; districts ........................1443, 1524, 1845,
1850, 2450 HB 1889 --Certain counties; boards of equalization; authorize............................1443, 1524 HB 1890 --County boards of equalization; provisions for
additional boards .............................................................................1444, 1524 HB 1891 --Certain counties; mobile home permits;
population brackets..........................................1444, 1524, 2590, 2618, 3599 HB 1892 --Certain counties; presentation of tax returns;
population brackets..........................................1444, 1524, 2590, 2618, 3599 HB 1893 --Certain counties; time for making tax returns;
population brackets..........................................1444, 1524, 2590, 2618, 3599 HB 1894 --Certain counties; interest on delinquent ad valorem
taxes; population brackets...............................1444, 1524, 2591, 2652, 3599 HB 1895 --Certain counties; mobile home taxation;
population brackets..........................................1444, 1524, 2591, 2653, 3600 HB 1896 --Certain counties; homestead exemption applications;
population brackets..........................................1445, 1524, 2591, 2653, 3600 HB 1897 --Certain counties; tax assessments; population brackets....................1445, 1524,
2590, 2619, 3600 HB 1898 --Sky Valley, City of; council and mayor;
amend provisions ..............................................1445, 1524, 1616, 1618, 1919 HB 1899 --Motor vehicle insurance; defensive driving course;
repair facilities ........................................1445, 1524, 1903, 2739, 3876, 3976 HB 1900 --Child support receivers; collect court costs and
service fees........................................................................................1445, 1524 HB 1901 --No Pass/No Participate rule; not applicable;
certain students................................................................................ 1445, 1524 HB 1902 --Duplicating certain works of art; remove
certain requirements...................................................!521, 1615, 2098, 2454 HB 1903 --Nelson, City of; new charter....................................1521, 1615, 1717, 1721, 2111 HB 1904 --Length and width of vehicle loads; amend provisions.......................1522, 1615,
1904, 2346, 3020 HB 1905 --Length of vehicle loads; automobile carriers........................................1522, 1615 HB 1906 --Alcoholic beverage sales; publicly owned
facilities; nondrinking area.............................................................1522, 1615 HB 1907 --Certain judicial circuits; assistant district attorney;
repeal provisions; population figures........................1522, 1615, 2590, 2619 HB 1908 --Aircraft; noise abatement violation; penalty........................................1522, 1615 HB 1909 --Certain judicial circuits; judges' allowances; repeal
provisions; population figures....................................l522, 1615, 2306, 2312 HB 1910 --Personal care homes; definitions; licensing provisions .......................1515, 1524 HB 1911 --Jackson County; homestead exemption; certain residents................1523, 1615,
1717, 1721, 2111
HB 1912 --Labor pools; regulation; unlawful practices; penalties....................... 1523, 1615, 2585, 2735, 4134, 4182
HB 1913 --Macon-Bibb County Water and Sewerage Authority;
6167
consolidated charter; name change....................................1523, 1615, 1910, 2105, 2105, 2865
HB 1914 --Used motor vehicle parts dealers, dismantlers, rebuilders, and salvage dealers; powers and duties of board................................1523, 1615, 2066, 2186, 2579, 3598
HB 1915 --Telephone systems; warrant availability of service and parts.................................................................................1523, 1615, 2185
HB 1916 --Fargo, City of; charter provisions............................!523, 1615, 2590, 2619, 3021 HB 1917 --Trafficking in cocaine, illegal drugs, or
marijuana; penalty...........................................................................1523, 1615 HB 1918 --Chattahoochee Judicial Circuit; add judge...........................................!524, 1615 HB 1919 --Palmetto, City of; special elections; amend provisions......................1524, 1615,
1845, 1851, 2325 HB 1920 --Douglas County; board of commissioners; districts............................1612, 1715,
1845, 1851, 2325 HB 1921 --Douglas County; board of education; districts..........................1612, 1715, 1845,
1851, 2325 HB 1922 --Multiple employer self-insured health plans; premium
taxes; surplus accounts.........................................................1612, 1715, 1903 HB 1923 --Campaign contributions; unused funds; pay prior campaign
debt or transfer to state treasury..................................................1612, 1715 HB 1924 --Berrien County; board of education; districts ..........................1612, 1715, 1845,
1851, 2322, 2328, 2447, 3039, 3108, 3701, 3842 HB 1925 --Macon, City of; at-large council seats; eliminate.................................1613, 1715 HB 1926 --Atlanta, City of; ad valorem tax; monthly
remittance to board of education.......................................1613, 1715, 2430, 2431, 3164
HB 1927 --Mobile homes; decal violations; magistrate court enforce................................................................1613, 1715, 1904, 2177
HB 1928 --Rome-Floyd County Commission on Children and Youth; membership........................................................l613, 1715, 1845, 1851, 2325
HB 1929 --Anatomical gifts; amend provisions .................................1613, 1715, 2590, 2833, 3831, 3985
HB 1930 --Minors in open bed pickups; prohibit on highways...........................1610, 1615, 1741, 2728
HB 1931 --Quality basic education; Youth Apprenticeship Program; establish.......................!613, 1715, 1908, 2157, 3018, 3244, 3313, 3315, 3336, 4080, 4202
HB 1932 --Corporations; treasury shares; preemptive rights...............................1610, 1615, 2185, 2577
HB 1933 --State officers and employees; consolidated insurance program.......................................................1614, 1715, 1903, 2267
HB 1934 --East Point, City of; parking authority; membership .........................1614, 1715, 1845, 1852, 2325
HB 1935 --East Point, City of; building authority; membership ........................1614, 1715, 1845, 1852, 2325
HB 1936 --East Point, City of; business and industrial development authority; membership.................................1614, 1715, 1845, 1852, 2325
HB 1937 --Drivers' licenses; personal identification card for mentally retarded persons..............................................................1614, 1715
HB 1938 --Drivers' licenses; serious offender status; provisions ..........................1714, 1748
HB 1939 --Public Service Commission decisions; judicial review; amend provisions .............................................................................1651, 1715
HB 1940 --Counties and municipalities; collection of state moneys; retain percentage ..............................................................1714, 1748
HB 1941 --Lilburn, City of; franchises; time for granting....................................1714, 1748,
6168
2590, 2637, 3598 HB 1942 --Geo. L. Smith II Georgia World Congress Center;
alcoholic beverage sales; consumption on premises...................................................................1651, 1715, 2185, 2342 HB 1943 --Dougherty Judicial Circuit; add judge; Tallapoosa Judicial Circuit; add judge..............................1679, 1716, 2428, 2784, 4210 HB 1944 --Johnson County; board of education; compensation...............1714, 1748, 1845,
1852, 2325 HB 1945 --Certain counties; ad valorem tax; homestead
definition; population brackets.......................!714, 1748, 2105, 2107, 2865 HB 1946 --Certain cities; certain officials' compensation;
repeal; population figures ...............................................................1715, 1748 HB 1947 --Game and fish; catch-out pond; definition
and provisions..............................................................1715, 1748, 1903, 2147 HB 1948 --Pulaski County; board of education; districts ..........................1715, 1748, 2590,
2637, 3021 HB 1949 --Fairburn, City of; franchises; authorize.....................................1715, 1748, 2430,
2432, 3021 HB 1950 --Superior court clerk; qualifications; minimum age .............................1745, 1845 HB 1951 --Certain cities; housing authorities; composition;
population brackets..........................................1726, 1748, 1910, 1915, 2865 HB 1952 --Certain counties; legal advertisements; publication............................1726, 1748 HB 1953 --Cardiopulmonary resuscitation; nonresuscitation
provisions; delete certain requirement .........................................1726, 1748 HB 1954 --Centerville, City of; corporate limits..........................................1726, 1748, 2790,
2790, 3164 HB 1955 --Commercial fertilizers; use of sludge; approval.........................1727, 1748, 1903 HB 1956 --Ad valorem tax; exempt certain boats outside state...........................1745, 1845 HB 1957 --Property tax litigation; jurisdiction of superior
court; payment of taxes ..................................................................1745, 1845 HB 1958 --Williamson, City of; new charter.............................!745, 1845, 1910, 1915, 2450 HB 1959 --Real property; fair market value; sale price.........................................1745, 1845 HB 1960 --Real property; fair market value; determinants ..................................1746, 1845 HB 1961 --Real property; fair market value; advertised price..............................1746, 1845 HB 1962 --Ad valorem tax; certain documents; escrow accounts.........................1746, 1845 HB 1963 --Ad valorem tax return; notice of changes; provisions.........................1746, 1845 HB 1964 --Property assessment appeal; taxpayer access to certain
information.......................................................................................1746, 1845 HB 1965 --Tax assessment appeal; certain discussion;
taxpayer's rights...............................................................................!746, 1845 HB 1966 --Tax assessment; reduction as result of appeal;
property owner's expenses..............................................................1747, 1845 HB 1967 --State agencies and authorities; certain obligations;
approval by State Financing and Investment Commission.............................................1727, 1748, 2097, 2266 HB 1968 --Childhood sexual abuse; definition; limitation of civil actions ...................................................1747, 1845, 2185, 2778, 4210 HB 1969 --Monroe, City of; city administrator; amend provisions.....................1747, 1845,
1910, 1915, 2450 HB 1970 --Monroe, City of; new election districts......................................1747, 1845, 2191,
2208, 2865 HB 1971 --Accident and sickness insurance; uniform
claim form...............................................................................1747, 1845, 1903 HB 1972 --Avondale Estates, City of; corporate limits ..............................1842, 1908, 2790,
2791, 3164
HB 1973 --Douglas, City of; city commissioner; term.................................1842, 1908, 2105, 2106, 2662
6169
HB 1974 --School buses; strobe lights; provisions.......................................1843, 1908, 2185, 2577, 4210
HB 1975 --Compulsory school attendance; extend to age 18...............................1843, 1908, 2481, 2824
HB 1976 --Counties or municipalities; property in adjoining county; prohibit purchase; exception ..........................................................1843, 1908
HB 1977 --Juvenile proceedings; counseling for children and parents; procedures and expenses......................................1843, 1908, 2482, 2737, 4210
HB 1978 --Beauty pageants; regulation ..........................1803, 1845, 2482, 2778, 3833, 3952 HB 1979 --State employees; certain line-of-duty
injuries; benefits......................................1803, 1845, 2805, 3960, 4122, 4591 HB 1980 --Glynn County; board of education; districts.............................!843, 1908, 2191,
2208, 2865 HB 1981 --Family preservation and child protection; pilot
projects; amend provisions...................................................1843, 1908, 2718 HB 1982 --Sumter County; industrial development
authority; create................................................1844, 1908, 2105, 2106, 2662 HB 1983 --Hart County; homestead exemption; certain residents .....................1844, 1908,
2105, 2107, 2662 HB 1984 --Cherokee County; board of commissioners; districts.........................1844, 1908,
2306, 2312, 2925 HB 1985 --Lumpkin County; water and sewerage authority;
amend provisions..............................................1844, 1908, 2306, 2316, 2926 HB 1986 --Newton County; water and sewerage authority;
bond limitation .......................................1844, 1908, 2105, 2106, 2656, 3622 HB 1987 --Lamar County; board of commissioners; districts....................!872, 1908, 2306,
2316, 3162, 3277 HB 1988 --Lamar County; board of education; districts............................1872, 1908, 2306,
2316, 3162, 3280 HB 1989 --Insurance; amend provisions..............................................1872, 1908, 2424, 2753 HB 1990 --Candler County; commission chairman; chief
executive officer ................................................1872, 1908, 2191, 2208, 2865 HB 1991 --Cobb County; board of commissioners; districts .................................1872, 1908 HB 1992 --Students and possessions; authorized searches on
school property.................................................................................1872, 1908 HB 1993 --Motor fuel; storage in terminals; reports..............................................1872, 1908 HB 1994 --Simple assault or simple battery against a sports
official; define offenses........................................,...........................1873, 1908 HB 1995 --Driving under the influence; optional sentence;
appear before victims or survivors................................................1873, 1908 HB 1996 --Heard County; homestead exemptions; certain residents..................1906, 2103 HB 1997 --Proprietary schools; amend provisions...................!906, 2103, 2481, 2739, 4210 HB 1998 --Commerce, City of; corporate limits......................................................1907, 2103 HB 1999 --Cherokee County; board of education; districts.......................1907, 2103, 2306,
2317, 2926 HB 2000 --Certain counties; county clerk's compensation;
repeal; population figures................................1907, 2103, 2430, 2432, 3600 HB 2001 --Certain cities; compensation of certain officials;
repeal; population figures................................1907, 2103, 2430, 2432, 3600 HB 2002 --Turner County; board of education; districts...........................1907, 2103, 3732,
3800, 4596
HB 2003 --Worth County; board of commissioners; districts....................1907, 2103, 3732, 3802, 4596
HB 2004 --Turner County; board of commissioners; districts...................1907, 2103, 3732, 3805, 4596
HB 2005 --Worth County; board of education; districts ............................1907, 2103, 3732,
6170
3808, 4596 HB 2006 --Landmark historic property; include residential
real property.....................................................................................1919, 2103 HB 2007 --Baldwin County; board of commissioners; districts..............:............1919, 2103,
2306, 2321, 3162, 3932 HB 2008 --Atlanta, City of; mayor succeeding self;
delete prohibition................................................................:............2100, 2190 HB 2009 --Atlanta, City of; corporate limits...........................................................2100, 2190 HB 2010 --Bibb County; board of public education; districts .............................2101, 2190,
2430, 2433, 3021 HB 2011 --Paulding County; board of commissioners; districts..........................2101, 2190,
2590, 2640, 3021 HB 2012 --Cobb County; school taxes; reimbursement
for collecting......................................................2101, 2190, 2590, 2640, 3021 HB 2013 --Midlevel Practitioners for Rural Areas Assistance
Act; enact..........................................................................................2101, 2190 HB 2014 --Bonds and recognizances; surety on bail bonds;
certain persons .................................................................................2101, 2190 HB 2015 --Certain counties; certain alcoholic beverage sales;
prohibitions; population brackets............................2101, 2190, 2482, 2804, 3871, 4186, 4340, 4432, 4483
HB 2016 --Kingsland, City of; homestead exemption; certain residents.............................................................2102, 2190, 2591, 2654, 3021
HB 2017 --Waycross, City of; certain offense; first offender status...................................................2102, 2190, 2590, 2640, 3021
HB 2018 --Day-care centers; employees' records checks; National Crime Information Center....................................................2102, 2190, 2429
HB 2019 --Monticello, City of; appointment of city manager.............................2102, 2190, 2590, 2641, 3022
HB 2020 --Jasper County; board of commissioners; reapportion districts ........................................................................2102, 2190
HB 2021 --Jasper County; board of commissioners; reapportion districts.........................................2102, 2190, 2844, 2854, 3164
HB 2022 --Monroe County; board of commissioners; reapportion districts........................................................................2102, 2190
HB 2023 --Monroe County; board of commissioners; reapportion districts.........................................2103, 2190, 2844, 2858, 3164
HB 2024 --Augusta, City of; mayor and council; succession in office..........................................2103, 2190, 3761, 3823, 4235, 4249, 4590
HB 2025 --Worth County; state court judge; salary....................................2103, 2190, 2590, 2641, 3022
HB 2026 --Pooler, City of; corporate limits..............................2103, 2190, 2790, 2791, 3164 HB 2027 --Boards of health in certain counties; certain member;
population brackets..........................................2117, 2190, 2590, 2641, 3600 HB 2028 --Ad valorem tax; intangible personal property;
include computer software..............................................................2118, 2190 HB 2029 --Public Employees Hazardous Chemical Protection and
Right to Know Act; transfer administration to merit system.................................................................2118, 2190, 2585, 2722 HB 2030 --Peach County; board of commissioners; reapportion districts..............................................................................................2118, 2190 HB 2031 --Crawford County; board of commissioners; reapportion districts.........................................2118, 2190, 2987, 2994, 4210 HB 2032 --Title insurance; regulate................................................................2118, 2190, 2424
HB 2033 --Carroll County; district commissioners; minimum age......................2188, 2305, 2430, 2433, 3022
HB 2034 --Certain counties; municipal ad valorem taxes;
6171
county or municipal assessment; population figures ............................................................................2118, 2190 HB 2035 --Carroll County; board of commissioners; reapportion districts...............................2188, 2305, 3574, 3575, 4234, 4333 HB 2036 --Carroll County; board of education; reapportion districts.........................................2189, 2305, 3574, 3579, 4596 HB 2037 --Unrepresented estate; temporary administrator; appointment; powers.......................................................................2118, 2190 HB 2038 --Athlete agents; registration; amend provisions....................................2189, 2305 HB 2039 --Colquitt County; board of commissioners; reapportion districts.........................................2189, 2305, 2590, 2641, 3022 HB 2040 --Colquitt County; board of education; reapportion districts.........................................2189, 2305, 2590, 2646, 3022 HB 2041 --Certain counties; boards of equalization; change population figures........................................................2189, 2305, 2790, 2791 HB 2042 --Certain counties; delinquent ad valorem taxes; revise population figures.............................................2189, 2305, 2790, 2797, 3847 HB 2043 --Certain counties; intangible recording tax; commission for collecting; change population figures ..........................2189, 2305, 2790,
2798, 3847 HB 2044 --Certain counties; property condemnation; assessors
costs; change population figures........................................2190, 2305, 2591, 2650, 3600
HB 2045 --Certain counties; zoning review procedures; change population figures.............................................2190, 2305, 2591, 2650, 3601
HB 2046 --Snellville, City of; corporate limits.........................2252, 2305, 3111, 3113, 4596 HB 2047 --Certain counties; board of commissioners; meeting date;
repeal Act; population figures.........................2252, 2305, 2430, 2433, 3601 HB 2048 --Certain counties; deposit of funds; repeal certain
provisions; population figures.........................2252, 2305, 2430, 2433, 3601 HB 2049 --Gwinnett County; board of commissioners;
reapportion districts...............................2253, 2305, 2906, 2907, 3871, 3878 HB 2050 --Fayette County; economic development authority; create................2253, 2305,
2430, 2434 HB 2051 --Blakely, City of; municipal elections; change date.............................2253, 2305,
2430, 2434, 3022 HB 2052 --Cobb County; board of education; districts....................2253, 2305, 2591, 2651,
3312, 3732 HB 2053 --Labor organizations; nonmembers; pay fair share fee ........................2253, 2305 HB 2054 --Certain counties; sheriffs authority to deposit certain
funds; change population figure .....................2253, 2305, 2591, 2651, 3601 HB 2055 --Lee County; board of commissioners; new districts...........................2262, 2305,
2591, 2651, 3594, 4224 HB 2056 --Hall County; water and sewerage authority; create ...........................2263, 2305,
2430, 2434, 3022 HB 2057 --Elections in certain counties; ballots include certain
candidate's chief deputy; poll officers' compensation......................................2263, 2305, 2482, 2779, 3847 HB 2058 --Hall County; board of commissioners; vacancies .....................2263, 2305, 2430,
2434, 2926 HB 2059 --Crawford County; board of commissioners;
reapportion districts........................................................................2263, 2305
HB 2060 --Bartow County; board of commissioners; create ......................2263, 2305, 2591, 2651, 4596
HB 2061 --Rezoning hearings; speakers submit campaign contribution disclosure....................................................................2300, 2427
HB 2062 --Cumming-Forsyth County Charter Commission; create....................2300, 2427,
6172
2790, 2792, 4234, 4236 HB 2063 --Forsyth County; homestead exemption; certain residents................2300, 2427,
2790, 2798, 3164 HB 2064 --Berrien County; board of commissioners; districts ............................2300, 2427,
3574, 3583, 4597 HB 2065 --Department of Georgia Buildings; create.........................2300, 2427, 2429, 2815 HB 2066 --Covenants running with land; petition to extend;
name verification..............................................................................2301, 2427 HB 2067 --Jefferson, City of; homestead exemption;
certain residents................................................2301, 2427, 2790, 2799, 3164 HB 2068 --Thomas County; board of commissioners; districts.................2301, 2427, 2790,
2792, 3164 HB 2069 --Richmond County; board of commissioners; districts........................2301, 2427,
2987, 3009, 3871, 3898, 4019, 4127, 4174, 4188, 4588 HB 2070 --Richmond County; certain officials; compensation..................2301, 2427, 2906,
2907, 4597 HB 2071 --Mclntosh County; industrial development authority;
continuation referendum .................................2301, 2427, 2790, 2792, 3598 HB 2072 --Homestead exemption; age 65 or over; increase
to $10,000..........................................................................................2301, 2427 HB 2073 --Tallapoosa, City of; municipal court; jurisdiction..............................2302, 2427,
2591, 2652, 3022 HB 2074 --Walton County; board of education; districts...........................2302, 2427, 2790,
2792, 3165 HB 2075 --McDuffie County; hospital authority; vacancies ......................2302, 2427, 2790,
2793, 3594, 3609 HB 2076 --Floyd County; homestead exemption; certain residents....................2302, 2427,
2790, 2800, 3165 HB 2077 --Savannah Development and Renewal Authority; create...................2302, 2427,
2790, 2793, 3625, 4215 HB 2078 --Dooly County; board of education; districts .............................2302, 2427, 2906,
2908, 3625, 3848 HB 2079 --Crisp County; tax commissioner; compensation.......................2302, 2427, 2844,
2861, 3165 HB 2080 --Dooly County; board of commissioners; districts.....................2303, 2427, 2906,
2912, 3625, 3852 HB 2081 --Summerville, City of; position of mayor; referendum........................2303, 2427,
2906, 2915, 3846 HB 2082 --Stone Mountain Judicial Circuit; superior court
judges; supplement.................................2303, 2427, 3111, 3113, 4235, 4248 HB 2083 --Workers' Compensation Study Commission; create............................2303, 2427 HB 2084 --Quality basic education; pregame program by student
council; local boards allow before football games.......................2303, 2427 HB 2085 --Certain counties; time for ad valorem tax returns;
change population figures..........................................2303, 2427, 2790, 2802 HB 2086 --Douglasville-Douglas County Water and Sewer
Authority; powers..............................................2304, 2428, 2906, 2916, 3846 HB 2087 --Douglas County; certain community improvement
districts; activate...............................................2304, 2428, 2906, 2916, 3846 HB 2088 --Certain counties; interest on unpaid ad valorem taxes;
change population figures..........................................2304, 2428, 2790, 2803 HB 2089 --Certain counties; alcoholic beverage sales on Sunday;
change population figures...............................................................2304, 2428 HB 2090 --Early County; board of commissioners; districts................................2304, 2428,
2906, 2916, 3846 HB 2091 --Wilkinson County; homestead exemption;
certain residents................................................2304, 2428, 2906, 2921, 3846
6173
HB 2092 --Spalding County; county manager; provisions..........................2426, 2589, 2987, 2998, 4211
HB 2093 --Richmond County; board of commissioners; chairperson ..................2383, 2428 HB 2094 --Flint Judicial Circuit; add judge .............................2383, 2428, 2585, 2719, 4595 HB 2095 --Hazardous waste; petroleum contaminated soil;
permissible limits.............................................................................2383, 2428 HB 2096 --Dawson County; board of education; districts..........................2426, 2589, 2987,
2998, 4211 HB 2097 --Privacy for Consumers and Workers Act; enact..................................2383, 2428 HB 2098 --Terrell County; board of commissioners; districts .............................2427, 2589,
3111, 3113, 4211 HB 2099 --Clay County; board of commissioners; districts .......................2427, 2589, 3111,
3114, 3872, 4581 HB 2100 --Twiggs County; homestead exemption; certain residents .................2384, 2428,
2987, 3003, 3872, 3874 HB 2101 --Heard County; homestead exemptions; certain residents.................2427, 2589,
2987, 3003, 4214 HB 2102 --Rutledge, City of; new charter ......................2427, 2589, 2987, 2998, 3872, 3876 HB 2103 --Waleska, City of; new charter..................................2427, 2589, 2987, 2998, 4211 HB 2104 --Thomaston-Upson County; homestead exemption;
certain residents................................................2587, 2843, 2987, 3004, 4211 HB 2105 --Quality basic education; school athletic activities;
equal opportunity.............................................................................2587, 2843 HB 2106 --Lowndes County; board of education; districts........................2587, 2843, 2987,
2998. 4211 HB 2107 --Valdosta, City of; board of education; elections.......................2587, 2843, 2987,
2999. 4211 HB 2108 --Coweta County; board of commissioners; compensation...................2588, 2843,
2987, 2999, 4211 HB 2109 --Spalding County; board of commissioners; districts..........................2480, 2589,
3574, 3588, 4597 HB 2110 --Dougherty County; board of commissioners; districts.......................2480, 2589,
2987, 2999, 4211 HB 2111 --Dougherty County; board of education; districts.....................2480, 2589, 2987,
2999, 4212 HB 2112 --Griffin-Spalding County; board of
education; districts .................................2481, 2589, 2987, 3000, 3872, 4228 HB 2113 --Appling County; board of education; districts..........................2481, 2589, 3790,
3820, 4597 HB 2114 --Appling County; board of commissioners; districts............................2481, 2589 ;
3732, 3811, 4597 HB 2115 --Jasper County; homestead exemption; certain residents..................2588, 2843,
3112, 3146, 4212 HB 2116 --Driving under the influence; first conviction;
written notification to defendant of subsequent conviction penalties.........................................................................2588, 2843 HB 2117 --Insurance cancellation; second offense; driver's license suspension............................................................................2588, 2843 HB 2118 --Motor vehicles; unlawful passing of school bus; penalties....................................................................................2588, 2843 HB 2119 --Personal care home; redefine; licensing provisions .............................2588, 2843 HB 2120 --Crimes; stalking; definition and penalties ............................................2588, 2843
HB 2121 --Certain parking provisions; appoint handicapped persons to enforce ............................................................................2589, 2843
HB 2122 --Sky Valley, City of; homestead exemption; increase .........................2589, 2843, 3112, 3147, 4212
HB 2123 --Rome, City of; homestead exemption;
6174
certain residents................................................2589, 2843, 3112, 3148, 4212 HB 2124 --Off-road vehicles; registration provisions..............................................2589, 2843 HB 2125 --Calhoun County; board of education; districts.........................2589, 2843, 2987,
3000, 4212 HB 2126 --East Point, City of; parking authority; composition..........................2725, 2843,
2987, 3002, 4212 HB 2127 --Alpharetta, City of; community improvement
districts; create..................................................2725, 2843, 2987, 3002, 4212 HB 2128 --Columbia County; board of elections; create........................................2725, 2843 HB 2129 --Columbia County; board of elections; create........................................2726, 2843 HB 2130 --Columbia County; board of commissioners; districts..........................2726, 2843 HB 2131 --Insurance; state-wide preferred provider;
arrangement establish..................................................1..................2726, 2843 HB 2132 --Cobb County; state court; criminal procedures ..................................2726, 2843,
3111, 3114 HB 2133 --Carroll County; state court; solicitor's compensation........................2726, 2843,
3111, 3159, 3872, 4227, 4591 HB 2134 --DeKalb County; ad valorem tax in certain
municipalities; limit millage rate .......................................2726, 2843, 3111, 3114, 4597
HB 2135 --Ellaville, City of; new charter..................................2726, 2843, 3111, 3114, 4212 HB 2136 --Funeral establishments; amend provisions...........................................2727, 2843 HB 2137 --Coffee County; board of commissioners; districts....................2727, 2843, 3111,
3115, 3872, 3873 HB 2138 --Coffee County; board of education; districts ............................2727, 2843, 3111,
3120, 3872, 3874 HB 2139 --Twiggs County; board of commissioners; election....................2727, 2843, 3111,
3125, 4212 HB 2140 --Griffin-Spalding County Development Authority; powers................2727, 2843,
3111, 3126, 4212 HB 2141 --Hart County; water and sewer utility authority; create....................2727, 2843,
3111. 3126, 4212 HB 2142 --Baxley Appling County Hospital Authority; members......................2727, 2843,
3112. 3126, 4213 HB 2143 --Lilburn, City of; corporate limits...........................2727, 2843, 3112, 3126, 4234,
4390, 4458 HB 2144 --Stenographer at grand jury proceedings; certain
counties; change population figure................................................2842, 2905 HB 2145 --Abbeville, City of; mayor and council; salaries....................................2842, 2905 HB 2146 --Elections; campaign activities and public opinion polling;
prohibit within 100 feet of polling place......................................2843, 2905 HB 2147 --Buford, City of; corporate limits.............................2874, 2905, 3112, 3128, 4213 HB 2148 --DeKalb County; homestead exemption; certain residents ................2874, 2905,
2987, 3005, 4235, 4339 HB 2149 --DeKalb County; homestead exemption; certain residents ................2874, 2905,
2987, 3006 HB 2150 --Jones County; board of commissioners; election......................2874, 2905, 2987,
3002, 4213 HB 2151 --DeKalb County; homestead exemption; certain residents ................2875, 2905,
3732, 3824, 4235, 4237, 4590 HB 2152 --Carroll County; homestead exemption; certain residents..................2875, 2905,
2987, 3007, 4213
HB 2153 --Muscogee County; board of education; composition................2875, 2905, 3112, 3128, 4235, 4338
HB 2154 --Polk County; homestead exemptions; certain residents....................2875, 2905, 3112, 3149
HB 2155 --Eastman, City of; corporate limits..........................2946, 2986, 3112, 3129, 4213
6175
HB 2156 --Calhoun County; board of commissioners; districts...........................2946, 2986, 3112, 3129, 4213
HB 2157 --Carrollton, City of; homestead exemptions; certain residents................................................2985, 3111, 3574, 3585, 4597
HB 2158 --Certain counties; superior court clerk's compensation; change population figure............................................2946, 2986, 3112, 3129
HB 2159 --Warner Robins, City of; corporate limits ..................................2946, 2986, 3112, 3129, 4213
HB 2160 --Cobb County; board of commissioners; purchases...................2946, 2986, 3112, 3129, 4213
HB 2161 --Garden City, City of; corporate limits.............................2946, 2986, 3112, 3130, 4234, 4502
HB 2162 --Garden City, City of; recorder's court; fines.............................2946, 2986, 3112, 3130, 4597
HB 2163 --DeKalb County; homestead exemption; certain residents .................2947, 2986 HB 2164 --Stewart County; solid waste authority; create..........................2985, 3111, 3574,
3583, 4235, 4237 HB 2165 --Suwanee, City of; homestead exemption;
tain residents.....................................................2985, 3111, 3574, 3585, 4597 HB 2166 --Newton County; board of education; districts.....................,....2985, 3111, 4064,
4064, 4598 HB 2167 --Newton County; board of commissioners; districts..................2985, 3111, 4064,
4068, 4598 HB 2168 --Walker County; magistrate court; law library fees.............................2986, 3111,
3574, 3583, 4598 HB 2169 --DeKalb Ad Valorem Tax Survey Commission; create.............2986, 3111, 3574,
3586, 4598 HB 2170 --Charlton County; board of education; districts........................2986, 3111, 3732,
3814, 4598 HB 2171 --Charlton County; board of commissioners; districts..........................2986, 3111,
3732, 3817, 4598 HB 2172 --Bade County; board of commissioners; districts......................3040, 3111, 3732,
3820, 4598 HB 2173 --Dawson County Board of Commissioners Study
Commission; create...........................................3040, 3111, 3574, 3583, 4598 HB 2174 --Augusta Judicial Circuit; payment of fines
directly to counties ..........................................................................3040, 3111 HB 2175 --Crawford County; board of education; compensation........................3040, 3111,
3574, 3583, 4598 HB 2176 --Crawford County; board of commissioners; regulate
use of sludge......................................................3040, 3111, 3574, 3584, 4598 HB 2177 --Towns County; board of education; members ..........................3040, 3111, 3836,
3838, 4598 HB 2178 --Glynn County; board of education; compensation; audits................3040, 3111,
3574, 3584, 4235, 4361 HB 2179 --Toombs County; state court judge and
solicitor; compensation....................................................................3041, 3111 HB 2180 --Wayne County; state court judge and
solicitor; compensation....................................................................3041, 3111 HB 2181 --Toombs County; board of education; election .....................................3041, 3111 HB 2182 --Wayne County; junkyards along highways; regulate...........................3041, 3111 HB 2183 --Georgia Commission on Economic Conversion; create..................................4199 HB 2184 --Newspapers and newsprint; prohibit in landfills...........................................4199 HB 2185 --Telephones; advertising or solicitation calls;
block access.................................................................................................4199
PART III
HOUSE RESOLUTIONS
HR 10 --Sales tax; food consumed off premises; exemption - CA....................No Action HR 11 --House Sentencing Guidelines Study Committee; create ....................No Action HR 14 --Joint Comprehensive Transportation Plan for
Georgia Study Committee; create..................................................No Action HR 17 --Governor and Lieutenant Governor; one
six-year term - CA...........................................................................No Action HR 21 --Governor's veto; three-day session for
overriding - CA.................................................................................No Action HR 22 --Horse racing; provide for pari-mutuel wagering - CA.........................No Action HR 24 --Casino gambling; provide - CA...............................................................No Action HR 25 --House State Flag Redesign Study Committee; create ........................No Action HR 26 --Dog racing; provide for pari-mutuel wagering - CA............................No Action HR 31 --Biomedical waste thermal treatment technology
facilities; moratorium.......................................................................No Action HR 32 --Fiscal year; April 1 - March 31; authorization - CA ...........................No Action HR 33 --Compensation of local officials set by continued
Constitutional Amendment; General Assembly change by local law - CA ................................................................No Action HR 34 --State lottery; provide for educational purposes - CA.........................No Action HR 35 --Lotteries; repeal prohibitions - CA........................................................No Action HR 36 --State lottery; indigent care and educational purposes - CA ...................................................................................No Action HR 37 --Superior court judges; Governor appoint - CA....................................No Action HR 38 --Certain elected officials; plurality of votes - CA .................................No Action HR 39 --Nelson Mandela Freeway; designate......................................................No Action HR 45 --Rules of the House; amend.....................................................................No Action HR 75 --Superior court judges; residency requirement - CA............................No Action HR 76 --Boards of education; single member districts - CA.............................No Action HR 77 --Superior court judges; terms of office - CA..........................................No Action HR 78 --Pardons and Paroles, State Board of; elect members - CA...................................................................................No Action HR 79 --Regional development centers; ratify certain transfer........................No Action HR 101 --Georgia Council on Environmental Quality; urge creation ................No Action HR 102 --Probate court judges; nonpartisan election - CA.................................No Action HR 106 --Disaster Emergency Relief Fund; create - CA.....................................No Action HR 108 --Revenue; educational purposes; impose one percent special sales tax - CA.......................................................................No Action HR 114 --Wetlands; federal manual; urge Congress to mandate changes..............................................................................No Action HR 115 --House Disparity in Sentencing and Sentencing Reform Study Committee; create ................................................................No Action HR 133 --Peach County; annexation of property...........................................366, 423, 3601 HR 134 --Revenue; educational purposes; impose one percent
6178
special sales tax - CA.......................................................................No Action HR 158 --Revenue; educational purposes; impose one percent
special sales tax - CA.......................................................................No Action jlR 159 --Revenue; educational purposes; impose one percent
special sales tax - CA.......................................................................No Action HR 161 --Motor fuel taxes; provide and maintain mass
transportation facilities - CA..........................................................No Action HR 181 --Lottery for education construction trust
fund; provide - CA...........................................................................No Action HR 182 --Joint Workers' Compensation Study Committee; create....................No Action HR 183 --Georgia Geographic Information System Study
Committee; create ............................................................................No Action HR 188 --Ad valorem tax; property value; acquisition - CA...............................No Action HR 190 --Joint Children's Poison Protection Study
Committee; create............................................................................No Action HR 211 --House Military Support and Assistance Study
Committee; create............................................................................No Action HR 212 --Health insurance; urge coverage of experimental
prescription drugs ............................................................................No Action HR 224 --Governor's Commission on Regional Health Care Issues
Affecting Grady Memorial Hospital; create.................................No Action HR 225 --State Arboretum of Georgia; designate Thompson Mills
forest of University of Georgia.......................................................No Action HR 226 --Lotteries; delete prohibitions; provide for
nonprofit lottery - CA .....................................................................No Action HR 235 --House Driver's License Sanctions and Auto Insurance
Study Committee; create ................................................................No Action HR 248 --Joint Study Committee on Gasoline Marketing; create .....................No Action HR 260 --Special judicial circuits; investigative grand
juries, trial juries, courts, and personnel - CA ............................No Action HR 261 --Cable industry; competition in marketplace; urge
United States Congress to enact legislation...........................................4599 HR 289 --Joint Regional Hospital Study Committee; create..............................No Action HR 332 --Public Service Commission; governor appoint
members - CA...................................................................................No Action HR 333 --Joint Study Committee for the Well-being of Georgia's
Children; create................................................................................No Action HR 345 --Henry Ossian Flipper; commemorative of postage stamp;
urge issuance by Postmaster General...........................................No Action HR 347 --Joint Study Committee on Fines and Forfeitures and
an advisory council; create..............................................................No Action HR 367 --South Fulton Tennis Center; venue for 1996
Olympic tennis competition; endorse............................................No Action HR 378 --"Women's History Month"; designate March, 1991............................No Action HR 380 --J. Truman Holmes Bridge; designate....................................................No Action HR 384 --Certain educational facilities; authorize guaranteed
revenue debt - CA............................................................................No Action HR 385 --Certain business loans; authorize guaranteed revenue
debt - CA...........................................................................................No Action HR 399 --Loans, scholarships, and grants; certain military
persons; General Assembly provide - CA.....................................No Action HR 411 --House Study Committee on Local Government Revenue
Diversification; create......................................................................No Action
HR 413 --Joint Steering Committee for the Georgia General Assembly's Conference on Teenage Homicides
and Suicides; create .........................................................................No Action HR 414 --Desert Storm Monument Commission; create .....................................No Action
6179
HR 415 --Retail stores; relative to price labels on shelves ..................................No Action HR 457 --Older Georgians' and Handicapped Transportation
Task Force; create............................................................................No Action HR 459 --Cobb County; Concord Historic District; urge
funding for heritage park................................................................No Action HR 471 --Electric membership corporations; urge study by
Public Services and Utilities Subcommittee of House Committee on Industry..................................................No Action HR 500 --K. T. Kennedy Reef; designate...........................................................................208 HR 525 --State Board of Education and state school superintendent; appointment - CA................................................No Action HR 526 --County merger or division; remove certain; requirement - CA .............................................................................No Action HR 538 --House Nursing Home Ombudsman Study Committee; create ..........No Action HR 539 --House Nursing Home Regulation and Inspection Study Committee; create............................................................................No Action HR 540 --House Study Committee on Physical Fitness and Amateur Sports; create....................................................................No Action HR 543 --University System; earned credit hours; relative to expiration .....................................................................................1525, 2064 HR 567 --Seat belts on school buses; urge study by Department of Education......................................................................................No Action HR 571 --House Tiered Pricing of Pharmaceuticals Study Committee; create ..........................................................................................32 HR 597 --Monorail people mover for the Buckhead area; urge United States funding for study..................................................................32 HR 598 --Transmittal of bills to Governor during session; veto messages; veto session - CA..........................................................................32 HR 636 --Notify Senate; House convened............................................................................26 HR 637 --Rules of House; adopt............................................................................................26 HR 638 --Joint Session; Governor's message.................................................................27, 33 HR 639 --Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges...........................................28, 33 HR 640 --Joint Session; Governor's message.................................................................28, 33 HR 641 --Joint Session; message from Chief Justice of Supreme Court.........................................................................................29, 33 HR 642 --Adjournment; adjourn 1/17/92; reconvene 2/3/92 .......................................29, 33 HR 643 --Rivers, Robert E., Jr.; Clerk of House; recognize and express approval of appointment.........................................................30 HR 644 --Cole, Dr. Johnnetta B; commend ............................................................31, 61, 63 HR 645 --Hall County; annex property...............................................25, 36, 366, 423, 1379 HR 646 --Joint Study Committee on the Disposition of Fines and Forfeitures in Criminal and Traffic Cases; create..............................25, 36 HR 647 --Rockdale County; convey property...........................25, 36, 366, 415, 1859, 3297 HR 648 --Gerontology; urge instruction throughout University System ............................................................................25, 36, 367, 416, 3601 HR 649 --State Flag Commission; create.......................................................................26, 36 HR 650 --State flag; redesign; nonbinding referendum ...............................................26, 36 HR 651 --Savannah Concrete, Inc.; Will D. Herrin, President; compensate..............................................26, 36, 2805, 2829, 4213 HR 652 --Genevie Dickey Bridge; designate.......................................26, 36, 408, 473, 1379 HR 653 --Samuel Frank Morast, Jr., Highway; designate..........................................36, 60,
408, 441, 1379
HR 654 --Jones County High School; women's softball team; invite to House...................................................................................37, 61, 86
HR 655 --Education funding; repeal ad valorem tax; impose
3% sales tax - CA....................................................................................36, 60
6180
HR 656 --Lingefelt, George; commend..................................................................................37 HR 657 --Haley, Fred Carlton; commend.............................................................................37 HR 658 --Tippens, Lee Roy; commend.................................................................................38 _HR 659 --Greene, Reverend Bernita Rivers; commend......................................................38 HR 660 --Fordham, W. C. "Bill"; commend........................................................................38 HR 661 --"Motorcycle Awareness and You (M.A.Y.) Month";
recognize May, 1992.......................................................................................38 HR 662 --Cox, Pamela; commend..........................................................................................38 HR 663 --Cathy, S. Truett; commend...................................................................................38 HR 664 --Sanders, Mary E.; commend.................................................................................38 HR 665 --Parsons, Arnold; commend....................................................................................38 HR 666 --Cain, Sue Ellen; commend.....................................................................................38 HR 667 --Esco, Dick; commend .............................................................................................38 HR 668 --Morast, Samuel Frank, Jr.; condolences .............................................................38 HR 669 --Gregg, Julie; commend...........................................................................................38 HR 670 --Practice of law; regulation; General Assembly
provide by law - CA ................................................................................59, 90 HR 671 --Legislators; create staggered terms; limit service - CA ..............................59, 90 HR 672 --Sales tax for educational purposes; General Assembly
authorize by law - CA.............................................................................60, 90 HR 673 --4-H Day; recognize; invite Georgia winners and state
president to House........................................................................87, 202, 214 HR 674 --Sales tax exemption; school fundraisers - CA..............................................60, 90 HR 675 --Delta Sigma Theta Sorority; invite to House....................................92, 202, 214 HR 676 --Elected officials; limit terms - CA.............................................................123, 202 HR 677 --Davidson, Tara Joyner; compensate...........................!23, 202, 2805, 2828, 4214 HR 678 --Green Industry Day; proclaim 1/16/92..............................................................112 HR 679 --West, Clara; commend.........................................................................................112 HR 680 --Children's baseball; urge adoption of stronger
safety measures.............................................................................................112 HR 681 --Morris, Dr. Yancy; commend..............................................................................l!2 HR 682 --Freeman, Miss Walter Mae; commend..............................................................112 HR 683 --Faith Tabernacle United Pentecostal Holiness
Church of God, Inc.; congratulate .............................................................112 HR 684 --Morgan County FFA Chapter; commend..........................................................H2 HR 685 --"Twelve Nights of Sacrificial Revival Service"; commend.............................ll2 HR 686 --"Women's Day at the Capitol"; declare 1/27/92..............................................112 HR 687 --Martin, Erin Elizabeth; commend......................................................................H2 HR 688 --Future Business Leaders of America-Phi Beta
Lambda, Inc.; commend..............................................................................112 HR 689 --House, Special Agent Sam; Georgia Bureau of
Investigation; commend...............................................................................113 HR 690 --Brown, Wally; Eagle Scout; commend...............................................................H3 HR 691 --Barnes, Brian Wesley; commend....................................................................-...113 HR 692 --Independent republics of the former Soviet
Union; urge airlift of food...........................................................................113 HR 693 --Robinson, Catherine; commend..........................................................................113 HR 694 --Atlanta Braves 1991 baseball team; commend.................................................113 HR 695 --Ellard, Honorable Glenn Wilson "Jack"; commend........................................113 HR 696 --Crow, Thomas Brian; commend.........................................................................113 HR 697 --Barrett, Marcia Leigh; commend .......................................................................113 HR 698 --Byrd, David; commend ........................................................................................113 HR 699 --Tyson, Leah; commend........................................................................................113
HR 700 --Pannell, Leslie Still; commend...........................................................................113 HR 701 --Griffin, Dixie; commend ......................................................................................114
HR 702 --Griffeth, Jamie; commend...................................................................................114 HR 703 --Lively, David Earl; commend..............................................................................114
6181
HR 704 --Haught, Marcia Lynn; commend........................................................................114 HR 705 --Jenkins, Angela Maria; commend ......................................................................114 HR 706 --Selman, Millicent Ann; commend......................................................................114 HR 707 --Hanna, Aaron; commend.....................................................................................114 HR 708 --Goel, Anupam; commend.....................................................................................114 HR 709 --Crump, Patia Sheral; commend..........................................................................114 HR 710 --Morgan County FFA Chapter; comm;nd..........................................................H4 HR 711 --Health care; urge Congress to enact universal-coverage
national health plan..........................................................123, 202, 856, 1106 HR 712 --Jackson County; school systems; request study by
State Board of Education...................................................................123, 202 HR 713 --J. E. "Ted" McTyre Parkway; designate.......................123, 202, 408, 449, 1379 HR 714 --Initiative petition; power to enact or reject - CA....................................123, 202 HR 715 --Ad valorem tax; heavy-duty equipment motor vehicles;
classification - CA..........................................................124, 202, 1150, 1457, 3763, 3995, 4196, 4277, 4361, 4434, 4589
HR 716 --Gordon County; convey property....................................124, 202, 366, 423, 1048 HR 717 --Publishing names of victims of crimr; urge
restraint by media...........................................................124, 202, 1149, 1272 HR 718 --Albany Day at the capitol; declare 2/3/92;
invite representatives to House.................................................139, 202, 215 HR 719 --Saul, Harry; commend .........................................................................................139 HR 720 --Unity in Our Community; commend.................................................................139 HR 721 --Local expenditures and tax increases; General Assembly
limit by law - CA.................................................................................201, 243 HR 722 --Stribling Memorial Bridge; urge designation..........................................201, 243,
408, 481, 1379 HR 723 --Ulmer, John Wesley, Jr.; compensate ........................201, 243, 2097, 2422, 4214 HR 724 --Medical insurance cost; gross income deduction; urge
Congress authorize...............................................................................201, 243 HR 725 --Medical care expenses; gross income
deduction; urge Congress authorize..................................................201, 243 HR 726 --Ad valorem tax for school purposes; limitation - CA .............................202, 243 HR 727 --Clark, Elizabeth S.; compensate.................................................................202, 243 HR 728 --Georgia Recreation and Parks Association; invite
representatives to House............................................................213, 354, 386 HR 729 --LaGrange High School football team; invite to House ..................213, 354, 386 HR 730 --George Walton Academy football team; invite
to House........................................................................................213, 354, 386 HR 731 --House State Health Benefit Plan Pharmacy
Program Study Committee; create...............................241, 366, 1904, 2178 HR 732 --State loans to local governments; solid waste
recycling - CA........................................................241, 366, 1741, 2339, 3601 HR 733 --House License, Occupation, and Professional Tax
Study Committee; create ....................................................................241, 366 HR 734 --Jimmy Autry Correctional Institution; designate...................................241, 366,
858, 1028, 1861 HR 735 --Angelle, Marika; 1992 Miss Cobb County; commend .....................................215 HR 736 --Tibetan monks from the Drepung Loseling Monastery;
welcome delegation ......................................................................................215 HR 737 --Broome, Hugh D.; condolences...................................................................215, 369 HR 738 --Phillips, John Walter; condolences....................................................................216
HR 739 --Willis, Betty; condolences....................................................................................216 HR 740 --Ingram, Jacob Gene; commend...........................................................................216
HR 741 --Pendley, Alice; commend.....................................................................................216 HR 742 --Henry County Unit of the American Cancer Society; commend..................216 HR 743 --Thigpen, Edward "Eddie"; commend................................................................216
6182
HR 744 --Smith, Fred; Jonesboro Senior High School Principal; commend ................216 HR 745 --Jonesboro Senior High School; recognize..........................................................216 HR 746 --Ellis, Tonda; commend ........................................................................................216 HR 747 --Horton, Jannie B.; condolences..........................................................................216 HR 748 --Plant, Anne T.; commend....................................................................................216 HR 749 --Miller, Honorable Ben J.; commend..................................................................216 HR 750 --English, Honorable Paschal A.; commend........................................................216 HR 751 --Whalen, Honorable Andrew J., Jr.; commend..................................................217 HR 752 --Mason, Wilson P. (Bill); commend....................................................................217 HR 753 --Hall, Lynwood; commend....................................................................................217 HR 754 --Georgia Citizens for the Arts; commend...........................................................217 HR 755 --Callaway, J. W.; commend...................................................................................217 HR 756 --Atlanta Chapter of the Juvenile Diabetes Foundation
International; commend..............................................................................217 HR 757 --Atlanta Chapter of the Juvenile Diabetes Foundation
International; commend......................................................................217, 438 HR 758 --Hatcher, Georgia Francis; condolences..............................................................217 HR 759 --Brooks, Rebie Virginia Wellington; condolences .............................................217 HR 760 --Smith, Amelia; condolences.................................................................................217 HR 761 --Renfroe, Othello "Chico"; condolences..............................................................217 HR 762 --Thorpe, Otis L.; condolences...............................................................................217 HR 763 --King, Charles H., Jr; condolences ......................................................................218 HR 764 --Johnson, Honorable Frank M.; commend.........................................................218 HR 765 --Webster, Honorable Isabel Gates; condolences................................................218 HR 766 --Ware, J. Lowell; condolences ..............................................................................218 HR 767 --Roberts, Clara Camp; condolences.....................................................................218 HR 768 --Maddox, Jacque Sue; condolences .....................................................................218 HR 769 --McKissick, Honorable Floyd B.; condolences...................................................218 HR 770 --Keep Macon-Bibb Beautiful Commission; invite
toHouse........................................................................................215, 354, 386 HR 771 --Logging trucks entering highway; warning signs for
motorists; urge Department of Transportation adopt standard design ........................................................241, 366, 408, 896 HR 772 --Ostrich farming; urge feasibility study...........................241, 366, 502, 876, 3602 HR 773 --Cobb County; Concord Covered Bridge; oppose through through area..........................................................................................241, 366 HR 774 --House Study Committee on the Regulation of Tattooing; create..................................................................................242, 366 HR 775 --Black, Reverend Jerry D.; welcome ...................................................................218 HR 776 --Lazenby, Blma Jean Cody; commend................................................................218 HR 777 --Wilson, Luther H., Jr.; commend.......................................................................218 HR 778 --Cities of Athens, Macon, Moultrie, Thomasville, and Tifton; convey property .................................242, 366, 366, 1169, 2219 HR 779 --Health insurance; uniform claim form; urge Congress to require...............................................................................................242, 366 HR 780 --University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create .........................242, 366, 2424, 2866 HR 781 --Social values instruction; urge implementation of policy adopted by State Board of Education .........................364, 408, 1067, 1272 HR 782 --Prostate cancer; urge physicians perform tests for early detection.....................................................................365, 408, 425, 450 HR 783 --Genevie Dickey Bridge; designate..............................................................365, 408
HR 784 --DelliBovi, Alfred; Deputy Secretary of Department
of Housing and Urban Development; invite to House........................................................................................353, 426, 447
HR 785 --Bremen High School Blue Devils softball team;
6183
invite to House.............................................................................353, 426, 447 HR 786 --Terry Mill Elementary School; commend; invite
Principal Dr. Shirley C. Reams to House................................353, 432, 469 HR 787 --Wilcox County; grant easement ..................................365, 408, 1150, 1347, 3602 HR 788 --Glynn County; grant easement....................................406, 432, 1150, 1348, 4599 HR 789 --Wetlands Conservation Study Committee; continue...................406, 432, 2782,
2783, 4482, 4496 HR 790 --Reinhardt College Parkway; designate.........................407, 432, 911, 1067, 3602 HR 791 --Advisory Committee on Minority Business Enterprise;
invite to House .............................................................................................394 HR 792 --Reddick, George; commend.................................................................................394 HR 793 --Hightower, Neil H. and Thomaston Mills; commend.....................................394 HR 794 --Hueber, Betsy; commend.....................................................................................394 HR 795 --Auxiliary to DeKalb Medical Society; commend.............................................394 HR 796 --Firefighters of Georgia; 20th annual Firefighters'
Recognition Day; commend........................................................................394 HR 797 --Atlanta Area Chapter of the Alzheimer's
Association; recognize..................................................................................394 HR 798 --Arbor Day; 101st anniversary; commend ..........................................................394 HR 799 --Kimsey, Hattie Howell; commend......................................................................395 HR 800 --Arnold, Dr. Richard Dennis; commend.............................................................395 HR 801 --Howard, Douglas L.; condolences.......................................................................395 HR 802 --Lyle, Violette Elliott; commend .........................................................................395 HR 803 --Harper, I. W., Sr.; commend...............................................................................395 HR 804 --Springfield Baptist Church; commend..............................................................395 HR 805 --Jenkins, Angela Maria; commend ......................................................................395 HR 806 --Hardaway High School Varsity Cheerleaders; commend ...............................395 HR 807 --Henry County School System; commend..........................................................395 HR 808 --Connell, Jimmy; commend..................................................................................395 HR 809 --Sherrod, Dr. Billie J.; commend.........................................................................395 HR 810 --FHA/HERO Day at capitol; proclaim 2/11/92.................................................395 HR 811 --University of Georgia 1991 football team and head
coach Ray Goff; commend..........................................................................396 HR 812 --State health insurance system; General Assembly
provide by law - CA ............................................................................407, 432 HR 813 --Funding for federally mandated programs;
urge Georgia congressional delegation take certain action ..........................................................407, 432, 1615, 2878 HR 814 --Turner, Robert Edward, III; invite to address Joint Session..................................................................424, 1076, 1106, 1343 HR 815 --Adams, Donald E.; compensate..................................................................431, 458 HR 816 --Joint Study Committee on Children and Youth; re-create ......................................................................................424, 432, 1840 HR 817 --Appointments to boards, commissions, and committees; statewide representation; intent of General Assembly ................................................................................431, 458 HR 818 --Local income tax; educational purposes - CA..........................................431, 458 HR 819 --"Georgia 500" project; support...........................................................................425 HR 820 --Grant, Carolyn; commend....................................................................................425 HR 821 --Are, Dr. Thomas L.; commend...........................................................................425 HR 822 --Edwards, Pat; commend......................................................................................425 HR 823 --Jackson Kiwanis Club; commend.......................................................................425 HR 824 --Keadle, Joe M.; commend...................................................................................425
HR 825 --Mclntosh Trail Early Childhood Development Council; commend staff ..............................................................................................425
HR 826 --Local school systems; revenue; General Assembly provide by taxation - CA....................................................................431, 458
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HR 827 --Northeast Georgia Public Health Region Overview Commission; create.........................................................431, 458, 1615, 4430
HR 828 --"Georgia Gerontology Month"; declare October, 1992....................................451 HR 829 --Clarke County; grant easement...................................458, 488, 1150, 1728, 3602 HR 830 --Adjournment; relative to.............................................................................447, 450 HR 831 --Tattnall County; grant easement................................458, 488, 1150, 1402, 3023 HR 832 --Cox, George Lovett; commend............................................................................451 HR 833 --1991 Atlanta Falcons; commend.........................................................................451 HR 834 --"Engineers Day" in Georgia; declare February 11, 1992................................451 HR 835 --National Association for the Advancement of Colored
People (NAACP); commend on eighty-third birthday...........................851 HR 836 --Federal Budget Enforcement Act of 1991; urge Congress
amend....................................................................................................458, 488 HR 837 --Center for the Visually Impaired; 30th anniversary;
invite staff to House ...................................................................499, 911, 934 HR 838 --Seabees Month in Georgia; designate March..........................................777, 856,
1043, 1273, 3602 HR 839 --Riley C. Thurmond Bridge; designate..........................???, 856, 911, 1502, 3602 HR 840 --Indigent Care Trust Fund; General Assembly provide
by law - CA............................................................777, 856, 1741, 1865, 3023 HR 841 --Gordon County; convey property................................777, 856, 1150, 1554, 3602 HR 842 --Certain materials or instructional methods; urge Education
Department not use.....................................................................................551 HR 843 --Brown, Tom Watson; compensate ..............................552, 778, 2097, 2423, 4214 HR 844 --Commission on Certification of Automobile Body Shops,
Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create............................................................777, 856, 1741 HR 845 --Grady Mallard Bridge; designate..................................552, 778, 911, 1402, 3602 HR 846 --Williams, Ira E., Jr.; condolences.......................................................................767 HR 847 --Withers, Mr. Jean D.; commend.........................................................................767 HR 848 --Chaikin, Dr. Milton; condolences.......................................................................768 HR 849 --Solomon, Ruby; commend...................................................................................768 HR 850 --Burel, R. H.; commend ........................................................................................768 HR 851 --Butler Volunteer Fire Department; commend.................................................768 HR 852 --Angelle, Marika; 1992 Miss Cobb County; commend .....................................768 HR 853 --Cobb Clean Commission; commend...................................................................768 HR 854 --Petree, Elizabeth (Betty) Blanton; commend ..................................................768 HR 855 --Rich, Wyatt; commend.........................................................................................?68 HR 856 --Boondry, Tommy J.; commend...........................................................................768 HR 857 --Henderson, Professor Fletcher Hamilton; commend.......................................768 HR 858 --Marietta High School Blue Devils 1991 football team; commend................768 HR 859 --Ethics training for public officers; General Assembly provide by law - CA........................................................778, 856, 2428, 2746 HR 860 --Savannah River Site; decontaminate and restore area; oppose restart of nuclear reactor; urge Congress........................................................................................855, 916, 922 HR 861 --General Assembly; four-year terms - CA..................................................855, 916 HR 862 --University of Georgia Law School's Moot Court Team and coach; commend....................................................................................909 HR 863 --Workers' compensation; certain trust fund; General Assembly provide by law - CA......................................865, 916, 1434, 2788 HR 864 --General Assembly; special residency requirements - CA.......................916, 963 HR 865 --Hamilton, Joey; commend...................................................................................925 HR 866 --Dunn, Anslyn Kathryn; commend......................................................................925 HR 867 --Dodd, Professor Emeritus Lamar; commend....................................................925 HR 868 --Dismuke, Frederick Wynne; condolences..........................................................926
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HR 869 --Athens-Clarke County Unified Government; commend.................................926 HR 870 --Edwards, Kimberly Nicole; commend ...............................................................926 HR 871 --Dees, Mrs. Willie Jo; commend..........................................................................926 HR 872 --General Assembly and Lieutenant Governor; four-year
terms; limit service - CA...................................................................962, 1043 HR 873 --Bill mandating action by local government; pass
only if funded - CA ...........................................................................963, 1043 HR 874 --Admiral Mack Gaston Parkway; designate............................................963, 1043,
1717, 2059, 3602 HR 875 --Colonel Tom Parrott Parkway; designate..............................................963, 1043,
1717, 1783, 3602 HR 876 --Kendrick High School football team; invite
to House....................................................................................955, 1272, 1274 HR 877 --Kendrick High School marching band; invite
to House....................................................................................955, 1272, 1274 HR 878 --Boynton, Ricky Lee; compensate ........................................963, 1043, 2097, 2422 HR 879 --Davis, Sandra K.; compensate...................................963, 1043, 2097, 2583, 4214 HR 880 --Georgia Peach Festival; invite representative
to House....................................................................................991, 1272, 1275 HR 881 --Walter F. George Tribute Commission; create ...................................1042, 1075,
1841, 2262, 3602 HR 882 --Jazz; official state music; designate month
of February.......................................................................................1043, 1075 HR 883 --Brown, Candace Michelle; invite to House..................................991, 1272, 1275 HR 884 --Walker County Young Farmers Chapter; invite
to House....................................................................................991, 1180, 1180 HR 885 --Stancil, Honorable Frank; commend...............................................................1050 HR 886 --Fite, Doris "Woodie"; commend.......................................................................1050 HR 887 --Oliver, Dr. Everetta Yvonne Beauford; commend.........................................1050 HR 888 --Georgia Peach Festival; commend....................................................................l050 HR 889 --Haley, Alex; condolences....................................................................................1050 HR 890 --Clark, Honorable Betty J.; commend..............................................................1050 HR 891 --Burgin, R. F., Sr.; commend.......................,......................................................1050 HR 892 --Funds for the aging; committee to oversee;
recommend appointment......................................................1052, 1615, 2229 HR 893 --Thomas, Lamonte Andre; commend................................................................1104 HR 894 --Joint Study Committee on Local Government
Services; create..................................................1155, 1335, 1841, 1868, 3603 HR 895 --State lottery; continuation; quadrennial
voter approval - CA.........................................................................1155, 1335 HR 896 --State agencies; certain services; fees to
offset expenses - CA........................................................................1156, 1335 HR 897 --Counties and municipalities; adult entertainment;
urge zoning ordinances to regulate.....................................1093, 1156, 1447 HR 898 --Nonrecyclable packaging; urge businesses to
find alternatives.....................................................................1093, 1156, 1653 HR 899 --Tyner, Betty Jean; condolences........................................................................1104 HR 900 --Northeast Probation Region of the Department of
Corrections; commend...............................................................................1104 HR 901 --Powell, Robert L.; condolences.........................................................................1104 HR 902 --Neeley, Jesse Anna; commend..........................................................................1104 HR 903 --John Hancock Academy; commend on 25th anniversary.............................1104 HR 904 --Blackshear, Dr. John S.; commend..................................................................1105
HR 905 --Prine, Sergeant Chris; commend......................................................................1105
HR 906 --Swift, George Parker, III; commend................................................................1105 HR 907 --Collins, Raymond E.; commend........................................................................1105
HR 908 --Baker, Sheriff Frank L.; condolences ..............................................................1105
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HR 909 --Baker, Sheriff Sarah Lou; commend ...............................................................1105 HR 910 --Loyd, John Thomas; commend.........................................................................1105 HR 911 --Pittmon, Carol; condolences..............................................................................1105 HR 912 --Children, youth, family issues; urge presidential
candidates identify their position on each...................................1156, 1335 HR 913 --Filing of court documents by facsimile transmission;
urge Supreme Court develop procedures .....................................1156, 1335 HR 914 --Clarence R. Vaughn, Jr., Highway; designate...........................1156, 1335, 1717,
1772, 2923, 3297 HR 915 --Pitts, Captain Willie, Jr.; invite to House..................................1170, 1711, 1739 HR 916 --Arnold, Fred; commend .....................................................................................1181 HR 917 --Billing, Dave; commend.....................................................................................1181 HR 918 --Osmus, Richard D.; commend...........................................................................1181 HR 919 --Roberts, Daniel and Elaine Mangham; commend.........................................1181 HR 920 --Hatley, Robyn Maurice, M.D.; commend........................................................1181 HR 921 --Howell, Charles G., M.D.; commend................................................................1181 HR 922 --Cummings, Ruby Mae; commend.....................................................................1181 HR 923 --Advisory Committee on Minority Business Enterprise; commend.............1181 HR 924 --McEachern High School wrestling team; invite
to House..................................................................................1275, 1435, 1457 HR 925 --Lewis, Bill; head football coach at Georgia Tech;
invite to House.......................................................................1275, 1369, 1400 HR 926 --Albert D. Clifton Memorial Highway; designate................................1334, 1369,
1717, 1864, 3603 HR 927 --Joint Study Committee on Regional Hospitals; create.......................1334, 1369 HR 928 --Study Commission on Postsecondary Technical and
Adult Education Finance; create.........................................!335, 1369, 2424 HR 929 --Adjournment; relative to.........................................................................1328, 1365 HR 930 --Motor vehicle emission inspection; urge Congress
allow use of Bar 90 testing system...........................1335, 1369, 1741, 2377 HR 931 --Ad valorem tax; exempt certain increase in
property value - CA.........................................................................1368, 1447 HR 932 --Smith, Honorable George T.; invite to House...........................1345, 2190, 2231 HR 933 --Veterans Memorial Parkway; designate.................1345, 1369, 1717, 1877, 3023 HR 934 --Mental health services; equitable funding;
urge Department of Human Resources........................................1345, 1369 HR 935 --General Assembly; January and August sessions - CA.......................1368, 1447 HR 936 --State-wide "911" system; relative to development..............................1345, 1369 HR 937 --Constitutional convention; urge to prohibit Congress
from making certain expenditures ................................................1445, 1524 HR 938 --Study Committee on Professional Tax Equity;
create.............................................................................1446, 1524, 2186, 2269 HR 939 --Clarke County; convey property.........,....................1446, 1524, 1525, 1729, 3603 HR 940 --Education; certain state and local officials; commend..................................1401 HR 941 --Slosheye Trail Big Pig Jig; barbecue contest; commend..............................1401 HR 942 --Briscoe, John T., Jr.; commend........................................................................1401 HR 943 --Palmer, Dr. Timothy Jake; commend..............................................................1401 HR 944 --Student officials of the Georgia Youth Assembly; commend ......................1401 HR 945 --Berry, Bill, Peter Buck, Mike Mills, and
Michael Stipe; commend ................................................................1401, 1537 HR 946 --Edward C. Moses Highway; designate ...................1446, 1524, 1717, 2262, 3023 HR 947 --Federal Commercial Motor Vehicle Safety Act
of 1986; urge exemption of local government drivers ...........................................................................1446, 1524, 2186, 3193
HR 948 --Georgia At-risk Children, Youth, and Family Services Inventory; relative to.......................................................................1446, 1524
HR 949 --Ware, Honorable James Crawford; portrait in north
6187
anteroom of House; invite Mrs. Louise Dye Ware............................1446, 1524, 1711, 2884
HR 950 --Joint Study Committee on Alternative Fuels; create ........................1446, 1524, 2782, 2783
HR 951 --Insurance Department and State Health Benefit Plan; commend.......................................................................,.........1436, 1447
HR 952 --Rawlings, Honorable Mary Hardwick; commend...........................................1401 HR 953 --Association County Commissioners of Georgia; commend...........................1401 HR 954 --HIV infected persons; condolences ..................................................................1401 HR 955 --Bedell, Rosa L.; compensate....................................1446, 1524, 2097, 2422, 4214 HR 956 --Thompson, Harold G.; commend .....................................................................1500 HR 957 --Optometrists of Georgia; commend..................................................................1500 HR 958 --Easterwood, Gwendolyn C.; commend.............................................................1500 HR 959 --Sugamo Prison Reunion Association; 1992 reunion; commend ...................1501 HR 960 --Maloof, Ellis A.; condolences ............................................................................1501 HR 961 --Smith, Roy Thomas; commend.........................................................................1501 HR 962 --Gilbert, Gerald S.; commend.............................................................................1501 HR 963 --Dunbar, Dr. Ernest A., Jr.; commend..............................................................1501 HR 964 --Berry College ninetieth anniversary; commend .............................................1501 HR 965 --Terrell Visitation Academy basketball team; commend...............................1501 HR 966 --Pulaski County; grant easement; Richmond County;
convey property ......................................1524, 1615, 1909, 2333, 3595, 3925 HR 967 --English, William M., Jr.; commend..................................................................1556 HR 968 --Simpson, Phillip Todd; commend....................................................................1556 HR 969 --Brooks, Franklin Bryson; commend.................................................................1556 HR 970 --Booth, Thomas; commend.................................................................................1556 HR 971 --Barrett, Martha; commend..................................................................,.............1556 HR 972 --Pennington, A. Floyd; commend ......................................................................1556 HR 973 --Jackson, Professor Hellen; commend...............................................................1556 HR 974 --Carrollton High School Debate Team; commend..........................................1556 HR 975 --Federal budget not balanced; Constitutional
convention to prohibit adopting....................................................1614, 1716 HR 976 --Martin Dooley Parkway; designate.........................!614, 1716, 1904, 2262, 3603 HR 977 --Wanzer, Terry; compensate ....................................................................1715, 1748 HR 978 --Harry Leon Simpson Parkway; designate............................................1715, 1748,
2186, 2262, 3603 HR 979 --Maloof, Manuel J.; invite to House.............................................1630, 1841, 1871 HR 980 --Martin, Lynn; Secretary of Labor; invite to
House.......................................................................................1678, 1679, 1679 HR 981 --Cartersville High School Purple Hurricane football
team and coach; commend........................................................................1679 HR 982 --Keys, Brady, Jr.; commend ...............................................................................1679 HR 983 --TAM Industries of Tattnall County; commend.............................................1679 HR 984 --Roadway lighting; urge alternative methods........................................1747, 1845 HR 985 --Paschal's Motor Hotel and Restaurant; commend........................................1739 HR 986 --Dunbar, William "Buster" Alien, ST.; condolences........................................1739 HR 987 --Brooks, Gwendolyn; commend..........................................................................1739 HR 988 --Baxley, Bobby Joe; commend...........................................................................1739 HR 989 --Butcher, Bud; commend....................................................................................1739 HR 990 --Real property; bona fide sale; appraised value;
Consumer Price Index - CA...........................................................1747, 1845 HR 991 --Ad valorem tax; appealed assessments; property
value; Consumer Price Index - CA................................................1748, 1845 HR 992 --Adjournment; relative to .........................................................................1739, 1741 HR 993 --Savannah St. Patrick's Day Parade and Festivities;
invite the Grand Marshal, General Chairman,
and aids to House..................................................................l752, 1845, 1871
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HR 994 --King, Matthew Alien; commend.......................................................................1787 HR 995 --Cobb County; mental health services funding;
urge commissioners increase.....................................................................1787 JHR 996 --Mohammed, Imam W. Deen; invite to House...........................1871, 2117, 2117 HR 997 --Constitutional amendments repealed by local Act;
referendum requirement; clarify.....................1844, 1908, 2305, 2460, 3603 HR 998 --Private property rights; certain legislation;
urge Congress enact....................................................1844, 1908, 2423, 2871 HR 999 --Wright, William Barry; commend....................................................................1871 HR 1000 --Federation of Southern Cooperatives/Land Assistance
25th anniversary; commend......................................................................1871 HR 1001 --King, Carol Johnson; commend........................................................................1871 HR 1002 --Landers, Eli and Elizabeth Whitley Roberson Day;
designate March 8, 1992............................................................................1871 HR 1003 --Medical College of Georgia School of Nursing Day;
designate July 8, 1992................................................................................1871 HR 1004 --Mathis, Julius; condolences...............................................................................1871 HR 1005 --Thomas, Franklin W., Sr.; condolences...........................................................l871 HR 1006 --Alternative placement programs for nonviolent
youthful offenders; urge support...................................................1887, 1908 HR 1007 --Gun safety training for children; urge campaign
to educate adults ...................................................................1887, 1908, 2429 HR 1008 --J. C. "Jake" Woods Avenue; designate..................!908, 2103, 2186, 2573, 4214 HR 1009 --Special purpose sales tax for educational purposes;
General Assembly authorize by law - CA ....................................1908, 2103 HR 1010 --Scooterville Highway; designate..............................2103, 2190, 2424, 2720, 4599 HR 1011 --Miller, Ursula; commend...................................................................................2158 HR 1012 --Taylor County; Certified Literate Community of
Georgia; commend......................................................................................2158 HR 1013 --Savage, Angelisa; commend...............................................................................2158 HR 1014 --Smith, Reverend Roswell Benjamin, Sr.; commend......................................2158 HR 1015 --Boston, Rev. James Thomas, Sr.; commend...................................................2158 HR 1016 --Certain competitive sports for female athletes;
urge Department of Education to offer..................................................2159 HR 1017 --Colquitt County; annex state property into
City of Moultrie................................................2119, 2190, 2240, 2338, 3603 HR 1018 --Adjournment; relative to.........................................................................2230, 2296 HR 1019 --Gilbert, Carolyn Beasley; invite to House..................................2240, 2424, 2461 HR 1020 --Bryan, Charlie L.; condolences.........................................................................2249 HR 1021 --Skelton, Dr. Charles Bryant "Red"; commend..............................................2249 HR 1022 --Black, William; condolences..............................................................................2249 HR 1023 --Central Savannah River Girl Scout Council; commend................................2249 HR 1024 --Dupree, Coach David; commend......................................................................2249 HR 1025 --Cook, Reverend James R. "Jimmy"; commend .............................................2249 HR 1026 --University System of Georgia; encourage
conversion to semester system.......................................................2260, 2305 HR 1027 --State Revenue Estimate Board; create - CA...................2263, 2305, 2805, 2830 HR 1028 --Savannah-Chatham County Certified Literate
Community Program; commend ..............................................................2269 HR 1029 --Coleman's Bridge; designate....................................2263, 2305, 2424, 2559, 4599 HR 1030 --House Study Committee on Job Creation and Retention
for Georgians; create........................................................................2305, 2428 HR 1031 --Poteet, Bob and Ruth; commend taxi service................................................2331
HR 1032 --Tarver, Tara Rose; commend............................................................................2331 HR 1033 --Fleming, Billie S., Sr.; commend......................................................................2331 HR 1034 --Borders, Reverend William Holmes, Sr.; commend ......................................2331
HR 1035 --Goodwin, Lilla Pratt; condolences....................................................................2332
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HR 1036 --Borders-Benson, Dr. Juel Pate; commend......................................................2332 HR 1037 --Pinch Hitter Program of the Atlanta Gate City Lodge
of B'nai B'rith; commend..........................................................................2332 HR 1038 --Adjournment; relative to.....................................................2334, 2478, 2483, 2553 HR 1039 --Duke, Sarah Catherine; commend...............................................2377, 2424, 2461 HR 1040 --Department of Human Resources; provision of services;
urge policy review........................................................2427, 2589, 3877, 4222 HR 1041 --Elliott, Bill, Junior Johnson, and Tim Brewer; commend...........................2478 HR 1042 --Twiggs, Honorable Ralph; commend...............................................................2478 HR 1043 --Hunt, Walter Clemons; commend ....................................................................2479 HR 1044 --Aderhold, John E.; World Congress Center chairman; commend...............2479 HR 1045 --Litman, Bishop Johnny Lee, Jr.; commend .........................................2479, 2865 HR 1046 --Jordon, R. Linton; commend ............................................................................2479 HR 1047 --Ringgold Telephone Company; commend.......................................................2479 HR 1048 --Graysville Elementary School in Catoosa County; commend......................2479 HR 1049 --Freeman, Major Myron Eugene; commend ....................................................2479 HR 1050 --Buckley, Benjamin Anthony; commend ..........................................................2479 HR 1051 --Scott, Dr. Linzy, Jr.; commend.........................................................................2479 HR 1052 --Center for Environment, Commerce and Energy;
Environmental Solutions International; Lynne Cameron; and Charlotte Smoyer; commend..............................2479 HR 1053 --Borders, William H., Jr., M.D.; commend......................................................2480 HR 1054 --Brewer, William Ernest, II; commend.............................................................2480 HR 1055 --Lindsey, Honorable John; commend................................................................2480 HR 1056 --Waters, Honorable Maxine; commend ............................................................2480 HR 1057 --Wallace, Alien M.; commend ............................................................................2480 HR 1058 --Matthews, Hewitt W., Ph.D.; commend..........................................................2480 HR 1059 --Mercer University Southern School of Pharmacy; commend students .....................................................................................2480 HR 1060 --Petty, Richard; commend..................................................................................2480 HR 1061 --Bagby, Honorable George Talmadge; commend............................................2674 HR 1062 --Green, Honorable George F.; commend ..........................................................2674 HR 1063 --House Department of Public Health Study Committee; create.......................................................................................2589, 2843, 3836 HR 1064 --Wine and Spirits Wholesalers of Georgia; commend....................................2674 HR 1065 --Carson, Coach Alfred C.; commend.................................................................2674 HR 1066 --Haley, Alex; commend........................................................................................2674 HR 1067 --Walden, Neal T.; commend...............................................................................2674 HR 1068 --Office of Legislative Counsel; commend Editing Department.....................2674 HR 1069 --Christian, George Cunningham, Jr.; commend ..............................................2674 HR 1070 --Georgia No-Tillage Assistance Program; commend.......................................2674 HR 1071 --Georgia Dry Hydrant Assistance Program; commend ..................................2674 HR 1072 --Luftig, Trissa; commend....................................................................................2674 HR 1073 --University of Georgia steel band; invite to House....................2687, 2718, 2719 HR 1074 --Health insurance; urge Insurance Department review of private plans ................................................................2728, 2843, 2901, 2970 HR 1075 --House Communications Technology Study Committee; create.............................................................................2728, 2843, 2906, 2969 HR 1076 --Westover High School boy's basketball team; invite to House..................................................................................2687, 2718, 2719 HR 1077 --District 17 of the United States Power Squadron Day in Georgia; recognize March 20, 1992.............................................2718 HR 1078 --Burley, Jacquelyn L.; commend .......................................................................2719
HR 1079 --Leathers, Robert T.; commend.........................................................................2719 HR 1080 --Ciboulette Restaurant; commend.....................................................................2719
HR 1081 --Ellis, Reverend Edward Lamar, Jr.; commend ..............................................2719 HR 1082 --Chestnut Mountain Baptist Church; commend.............................................2719
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HR 1083 --Holston, Reverend Robert Lee; commend......................................................2719 HR 1084 --Potts, Hal; condolences......................................................................................2719 HR 1085 --Voting Rights Act of 1965; urge Congress apply
provisions to every state.................................................................2843, 2905 HR 1086 --Clerk of House; amend HR 3............................................................................2869 HR 1087 --Women's fastpitch softball programs in schools;
urge athletic associations offer............................................2827, 2906, 2936 HR 1088 --"Georgia Appreciation Day"; urge Governor to proclaim ............................2900 HR 1089 --"Workshops to Prepare Court Futures in Georgia"; commend...................2900 HR 1090 --Gun safety training for children; urge educating
adults.............................................................................2905, 2986, 3836, 4230 HR 1091 --Birdine, John Charles, Jr.; condolences...........................................................2950 HR 1092 --Parrish, Mr. and Mrs. Edward F., Jr.; commend ..........................................2950 HR 1093 --Wells, Mr. and Mrs. Albert; commend............................................................2950 HR 1094 --Burcher, Reverend Richard Herbert; commend ............................................2950 HR 1095 --Randolph-Clay High School Girls' Basketball Team; commend.................2950 HR 1096 --Peavy, H. W. "Hal", Jr.; commend..................................................................2950 HR 1097 --Georgia Mountain Apple Growers Association;
urge rental agreement................................................................................2950 HR 1098 --Shakoor, Ms. Oshetha; commend.....................................................................2950 HR 1099 --Scott, William A., Ill; condolences...................................................................2950 HR 1100 --Seminole County High School basketball team; commend..........................2951 HR 1101 --Lamar County High School; 1992 graduates; commend...............................2951 HR 1102 --Eavenson, Commander Clifton and John L. Whitworth
VFW Post in Lavonia; commend.............................................................2951 HR 1103 --Fleming, Holden; commend...............................................................................2951 HR 1104 --Brown, Arthur D.; condolences.........................................................................2951 HR 1105 --Conservation Use Valuation Advisory Group; commend .............................2951 HR 1106 --Adjournment; relative to.........................................................................2951, 2982 HR 1107 --House Committee to Study Check Dams for the Satilla,
Altamaha, Ocmulgee, Oconee, Flint, and Alapaha Rivers; create....................................................................................2986, 3111 HR 1108 --Stone, Doug; commend ......................................................................................2951 HR 1109 --Tritt, Travis; commend......................................................................................2951 HR 1110 --Yearwood, Trisha; commend.............................................................................2951 HR 1111 --Jackson, Alan; commend....................................................................................2951 HR 1112 --Greenville High School boys' basketball team; commend............................2951 HR 1113 --Hart County High School girls' basketball team; invite to House.......................................................................3024, 3105, 3105 HR 1114 --Anthony, Lester; invite to House.....................................................................3024 HR 1115 --Cedar Shoals High School Girls' Basketball Team; invite to House.......................................................................3025, 3314, 3335 HR 1116 --Sol C. Johnson High School "Atomsmashers" Basketball Team; invite to House...........................................................3105 HR 1117 --Johns, Myra; Waycross Journal Herald; commend.......................................3105 HR 1118 --"Borderline" country music band; commend.................................................3105 HR 1119 --Peterson, Mildred; commend............................................................................3105 HR 1120 --Central State Hospital in Milledgeville; commend........................................3105 HR 1121 --National Junior Beta Club of Sky Haven Elementary School; commend........................................................................................3105 HR 1122 --Carl Harrison High School; commend.............................................................3105 HR 1123 --Mills, Harold Alien; commend..........................................................................3105
HR 1124 --University System of Georgia Outstanding Scholars on Academic Recognition Day; commend....................................................3106
HR 1125 --Metro Columbus Urban League; commend....................................................3106 HR 1126 --22nd Annual Cousins Family Reunion; commend.........................................3106 HR 1127 --National Urban Affairs Council, Inc.; commend ...........................................3106
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HR 1128 --Optimist Club of Hartwell; commend..............................................................3106 HR 1129 --Kiwanis Golden K #1901; commend...............................................................3106 HR 1130 --Public assistance benefits; urge electronic
transfer..............................................................................................3111, 3573 HR 1131 --Fowler, Robert "Rob" Bruce; condolences......................................................3106 HR 1132 --Turman, Gilbert Nathaniel "Doc"; commend................................................3568 HR 1133 --Brown, James; commend ...................................................................................3568 HR 1134 --"United Cerebral Palsy Month"; recognize month of May..........................3568 HR 1135 --Superior court judges; urge single-member districts
and abolition of majority vote .......................................................3193, 3573 HR 1136 --National Council of Negro Women, Inc. (NCNW); commend ....................3568 HR 1137 --Wilkinson County High School boys' basketball team; commend..............3568 HR 1138 --Tri-County High School girls' basketball team; commend ..........................3569 HR 1139 --Association for the Care of Children's Health; commend............................3569 HR 1140 --Taylor County High School girls' basketball team; commend ....................3569 HR 1141 --Hodge, Honorable Norma; commend...............................................................3569 HR 1142 --Georgia Association of Educators; commend..................................................3569 HR 1143 --Gordy, Honorable Charles; commend..............................................................3569 HR 1144 --Johnson, Reverend Andrew; commend............................................................3569 HR 1145 --Ford, Reverend Austin and Emmaus House; commend...............................3569 HR 1146 --Muhammad Ali; commend ................................................................................3569 HR 1147 --Foster, Dr. Steve and Eastside Medical Clinic; commend staff..................3569 HR 1148 --Doster, Simuel F. (Pete); commend.................................................................3569 HR 1149 --Georgia Bankers Association; commend..........................................................3569 HR 1150 --"Shannon Industry Day"; Florida Tile Industries; commend .....................3569 HR 1151 --"Shannon Industry Day"; Katsushiro Rome Corporation; commend ........3570 HR 1152 --"Shannon Industry Day"; Rome Pepsi Cola; commend...............................3570 HR 1153 --"Shannon Industry Day"; Marglen Industries, Inc.; commend...................3570 HR 1154 --"Shannon Industry Day"; Church Chair Industries, Inc.;
commend......................................................................................................3570 HR 1155 --"Shannon Industry Day"; Outside Carpets International;
commend......................................................................................................3570 HR 1156 --"Shannon Industry Day"; Brighton Plant of Galey and Lord;
commend......................................................................................................3570 HR 1157 --"Shannon Industry Day"; Scott Edwards, Inc.; commend...........................3570 HR 1158 --"Shannon Industry Day"; Dickey Seed Company, Inc.; commend.............3570 HR 1159 --"Shannon Industry Day"; Hopton Technologies,
Incorporated; commend.............................................................................3570 HR 1160 --Brown, Dewey Cleveland, Jr.; commend.........................................................3570 HR 1161 --DeKalb County; flood loss relief; urge board of
commissioners to implement program....................................................3571 HR 1162 --Umstattd, Roy; commend..................................................................................3571 HR 1163 --Tattnall Square Academy Lady Trojans; invite
to House..................................................................................3334, 3836, 3871 HR 1164 --Tattnall Square Academy Lady Trojans softball
team; invite to House............................................................3334, 3836, 3871 HR 1165 --James E. Livingston Medal of Honor Highway; designate................3572, 3836 HR 1166 --Social security recipients; outside income; urge
not limiting.......................................................................................3572, 3836 HR 1167 --American Telephone and Telegraph and the Communications
Workers of America; urge good faith negotiation.......................3573, 3836 HR 1168 --Cellular phone service; state regulation; urge
Public Service Commission study .................................................3573, 3836 HR 1169 --Prayer in public schools; urge legislation by Congress
to allow.........................................................................................................3623 HR 1170 --Commercial driver's license; time for obtaining;
urge extension...................................................................................3623, 4214
6192
HR 1171 --Ledford, Officer Joe R.; invite to House....................................3664, 3836, 3871 HR 1172 --Villines, Colonel Aubrey T.; commend............................................................3664 HR 1173 --Adams, Mrs. B. C., Sr.; commend....................................................................3664 -HR 1174 --Bennett, Honorable Robert; commend............................................................3664 HR 1175 --"United Cerebral Palsy Month"; recognize month of May..........................3664 HR 1176 --Moye, Norman, Ed.D.; commend.....................................................................3664 HR 1177 --Camp, Amelia Williams; commend..................................................................3664 HR 1178 --Kinney, Beatrice Hunter; commend................................................................3664 HR 1179 --Anthony, Lester; commend ...............................................................................3664 HR 1180 --Rushing, William Robert; condolences............................................................3664 HR 1181 --Welfare reform; urge study by House...................................................3764, 3836 HR 1182 --Adjournment; relative to.........................................................................3828, 3831 HR 1183 --Bridges, Honorable William "Pete"; commend..................,...........................3847 HR 1184 --House Rules Committee; direct Ethics and Official
Conduct Subcommittee to formulate ethics rules..............................................................................3863, 4077, 4083 HR 1185 --Toomer, Robert Lee, Jr.; invite to House.......................................................3863 HR 1186 --Special sales and use tax; one-third proceeds for education - CA .....................................................................................4199 HR 1187 --Earth Summit; endorse and urge President Bush to attend.............3876, 4200 HR 1188 --Patty, Kirn; commend........................................................................................4190 HR 1189 --Leadership Clayton and Clayton Leadership Now; commend.....................4190 HR 1190 --Clayton Leadership Now and Forest Park High School participants; commend..............................................................................4190 HR 1191 --Clayton Leadership Now and Morrow High School participants; commend..............................................................................4190 HR 1192 --Clayton Leadership Now and Mount Zion High School participants; commend..............................................................................4190 HR 1193 --Clayton Leadership Now Lovejoy High School participants; commend..............................................................................4190 HR 1194 --Mundy, Joe B.; commend..................................................................................4190 HR 1195 --Mills, Lucille S.; commend................................................................................4190 HR 1196 --Burrell, Carter Phillips "Phil", Jr.; commend................................................4191 HR 1197 --Brown, Samuel G.; commend............................................................................4191 HR 1198 --First Baptist Church of Sylvester; commend.................................................4191 HR 1199 --Ivie, Dr. Claude, Jr.; condolences.....................................................................4191 HR 1200 --Elliott, Talmadge; condolences.........................................................................4191 HR 1201 --Phillips, Martha; commend...............................................................................4191 HR 1202 --Savannah Foods and Industries, Inc.; commend ...........................................4191 HR 1203 --Key Airlines; commend......................................................................................4191 HR 1204 --Year of American Indian; urge President Bush to proclaim 1992 ..............4191 HR 1205 --Heard, Representative Paul W.; commend.....................................................4191 HR 1206 --Townsend, Honorable Kiliaen V. R.; commend.............................................4191 HR 1207 --Robinson, Christopher James; commend........................................................4191 HR 1208 --Hart County High School; commend...............................................................4192 HR 1209 --Fannin County 9 and 10 Year Old Girls Basketball Team; commend.........................................................................................4192 HR 1210 --Streat, Honorable Van; designate as official "State Ostrich"......................4192 HR 1211 --Trimble, Mattie; commend................................................................................4192 HR 1212 --Statham, City of; commend centennial...........................................................4192 HR 1213 --Auburn, City of; commend centennial.............................................................4192 HR 1214 --Thompson, 0. Lee, III; commend ....................................................................4192
HR 1215 --Arnold, Frankie and Lawrence; commend......................................................4192 HR 1216 --Jones, Brian Marshall; commend.....................................................................4192
HR 1217 --Mingo, Dexter Alien; commend........................................................................4192 HR 1218 --Cross, Nathaniel; commend...............................................................................4192
HR 1219 --Southwest Georgia Council-Boy Scouts of America;
6193
1991 Class of Eagle Scouts and 1992 Silver Beaver Awards recipients; commend ......................................................4192 HR 1220 --Tanner, Jim; commend......................................................................................4192 HR 1221 --Smith, Todd; commend......................................................................................4193 HR 1222 --Republic of Georgia and Maya Vachtangadze; recognize.............................4224 HR 1223 --Cross, K. Gordon; commend .............................................................................4224 HR 1224 --Sherman, Katherine LePage; recognize...........................................................4225 HR 1225 --Sevier, Nelson A., Jr.; condolences...................................................................4225 HR 1226 --Walker, Honorable Brent; commend...............................................................4225 HR 1227 --Clayton County Olympic Coordinating Committee; express support; 1996 Women's Fast-Pitch Softball Event; endorse bid ......................................................................4225 HR 1228 --J. B. Jones Intersection; urge Department of Transportation name certain intersection in Lumpkin County ...................................................................................4225 HR 1229 --European Peace Pilgrimage; commend............................................................4225 HR 1230 --Shaw, Dorothy; commend..................................................................................4225 HR 1231 --Ellis, Honorable Robert; commend..................................................................4225 HR 1232 --Sherrod, Charles Melvin; commend.................................................................4225 HR 1233 --Johnson, Honorable Leroy R.; recognize.........................................................4225 HR 1234 --Hamilton, Honorable DeWayne; commend ....................................................4225 HR 1235 --Clayton Leadership Now and Stephanie Sullivan; commend......................4226 HR 1236 --Clayton Leadership Now and Riverdale High School participants; commend..............................................................................4226 HR 1237 --Clayton Leadership Now and North Clayton High School participants; commend .................................................................4226 HR 1238 --Jones, Paul R.; commend...................................................................................4226 HR 1239 --Benson, Dr. Theodore; commend.....................................................................4226 HR 1240 --Anderson, Dr. Gloria Long; commend.............................................................4226 HR 1241 --Prescott, Folami; commend...............................................................................4226 HR 1242 --Guy, Mrs. Eddie Bell; commend ......................................................................4226 HR 1243 --Boat docks on state owned lakes in state parks; urge study by Department of Natural Resources .................................4250 HR 1244 --Strong, Hubert; condolences.............................................................................4250 HR 1245 --Bartow County; GLAD Bag-A-Thon cleanup and recycling program; commend.....................................................................................4250 HR 1246 --Mitchell, Sheriff Walter, Jr.; commend...........................................................4250 HR 1247 --Isle of Hope Volunteer Fire Department; commend.....................................4250 HR 1248 --Education; five-year budget Act; General Assembly adopt - CA................4199 HR 1249 --Boone, Reverend Joseph E.; commend............................................................4359 HR 1250 --Bedingfield, Terry W.; commend.....................................................................4359 HR 1251 --Stone, Juanita Sellers; commend......................................................................4359 HR 1252 --Odom, Mr. and Mrs. Dennis; commend..........................................................4359 HR 1253 --Skelton, W. Douglas, M.D.; commend.............................................................4359 HR 1254 --Davis, Dr. and Mrs. Henry Gordon, Jr.; commend.......................................4360 HR 1255 --Hill, Willie James; condolences........................................................................4360 HR 1256 --Royal, D. C.; condolences ..................................................................................4360 HR 1257 --Hortman, Vernon and Laverne; commend......................................................4360 HR 1258 --Atlanta Gospel Forum and the City-Wide Youth Revival; commend......................................................................................................4360 HR 1259 --Augusta Golf Association; commend................................................................4360 HR 1260 --Bibb, Mae; commend..........................................................................................4360
HR 1261 --Saboor, Lonnie Abdul; commend.....................................................................4360 HR 1262 --Toure', Askia Muhammed; commend..............................................................4360
HR 1263 --Adjournment; relative to....................................................................................4583 HR 1264 --Walker, Mary W.; commend.............................................................................4584
HR 1265 --Havrilla, John; commend...................................................................................4584
6194
HR 1266 --Coker, Alan C.; commend..................................................................................4584 HR 1267 --Coker, Randall R.; commend ............................................................................4584 HR 1268 --Fowler, Joel; condolences...................................................................................4584 HR 1269 --Jeff Davis High School Jackets basketball team; commend........................4584 HR 1270 --Morris, Jasper Peter; condolences....................................................................4584 HR 1271 --Walker, Donald S.; commend............................................................................4584 HR 1272 --Everett, George Samuel; commend ..................................................................4585 HR 1273 --National Urban Affairs Council; commend ....................................................4585 HR 1274 --Boone, Reverend Joseph Everhart; commend................................................4585 HR 1275 --Dollar, Alvin; commend .....................................................................................4585 HR 1276 --Sullivan, Mabel; commend ................................................................................4585 HR 1277 --Dent, Mrs. Carey; commend .............................................................................4585 HR 1278 --Dent, Mr. Erasmus; commend ..........................................................................4585 HR 1279 --Wright, Lillie; Mount Zion Baptist Church; commend.................................4585 HR 1280 --Clayton Clean and Beautiful; commend..........................................................4585 HR 1281 --Mount Zion High School; commend first graduating class..........................4585 HR 1282 --Lovejoy High School; commend first graduating class .................................4585 HR 1283 --Arant, Rose Marie; commend ...........................................................................4585 HR 1284 --Porter, Houston G., Jr.; commend...................................................................4586 HR 1285 --Edenfield, Lonnie, Sr.; commend.....................................................................4586 HR 1286 --Cohen, Mark H.; commend ...............................................................................4586 HR 1287 --Jessup, Honorable Ben, doorkeeper, and assistant
doorkeepers; commend ..............................................................................4586 HR 1288 --Poag, Honorable Charles "Judy" N.; commend.............................................4586 HR 1289 --Hackney, John Marvin "Pete"; commend ......................................................4586 HR 1290 --House Intern Program of 1992; commend students participating..............4586 HR 1291 --"Georgia Blueberry Week"; recognize .............................................................4586 HR 1292 --Moody, Honorable Lundsford; commend........................................................4586
PART IV
SENATE BILLS IN HOUSE
SB 4 --Campaign contributions; limitations.......................................................No Action SB 10 --Water companies; unpaid charges; limited liens.............................787, 792, 856,
1036, 2881, 3189, 3245, 3592, 3661 SB 16 --Claims against state; introduction of resolutions
in Senate............................................................................................No Action SB 17 --Merit system; certain personnel; unclassified
service......................................................................................1035, 4497, 4591 SB 18 --Campaign contributions; elected officials;
limitation...........................................................................................No Action SB 20 --Campaign contributions; political action
committees; disclosure.....................................................................No Action SB 22 --Campaign literature; regulation provisions............................................No Action SB 23 --State officers and employees; political activities;
authorization.....................................................................................No Action SB 25 --Elections; certain petitions; one signature
per card..........................................................................................................910 SB 31 --Colleges; full-tuition scholarship program .............................................No Action SB 32 --Education; remedial programs; eligibility ..............................................No Action SB 33 --Coroners; qualifications; training; unattended
death defined............................................................................397, 3038, 3842 SB 45 --Firearms; license to carry; amend provisions ........................................No Action SB 47 --Judges of the Probate Courts Retirement Fund;
cost-of-living benefits.................................................................368, 369, 408, 483, 4230
SB 51 --Evidence; revise Code................................................................................No Action SB 52 --Alcoholic beverages; open containers while driving;
prohibitions.......................................................................................No Action SB 53 --Firearms; peace officer provisions; amend.............................................No Action SB 55 --Lobbying; registration of representatives of
state agencies....................................................................................No Action SB 56 --Tax execution; administration levy; attorney's
fees......................................................................................................No Action SB 59 --Evidence; Georgia Bureau of Investigation; written
scientific reports...............................................................................No Action SB 60 --Judges of the Probate Courts Retirement Fund;
amend provisions.................................................................368, 369, 408, 483 SB 61 --Judges of the Probate Courts Retirement Fund; board
of commissioners; employees ....................................................368, 370, 408, 483, 3913
SB 62 --Probate court judges; nonpartisan election; qualifying...........................................................................................No Action
SB 69 --Veterans' drivers' licenses; qualifications...............................................No Action SB 73 --Controlled substances; forfeitures; proceeds..........................................No Action
6196
SB 74 --Department of Public Safety; amend provisions..................................No Action SB 79 --Insurers; certain rate changes; notify
policyholders.....................................................................................No Action SB 81 --Driver's license; vision standards..................................................3336, 4445, 4592 SB 85 --Juries; impanel additional grand jurors; district
attorney's request.............................................................................No Action SB 87 --Medical records; access by long-term care ombudsman
or Department of Human Resources ............................................No Action SB 90 --Sandy Springs, City of; incorporate........................................................No Action SB 92 --Teachers Retirement System; retire after 25 years
or age 60.................................................................968, 971, 1043, 1435, 2873 SB 102 --Environmental Protection Division; appoint director..........................No Action SB 104 --At-risk children and youth; establish goals...........................................No Action SB 105 --Children and Youth Overview Committee; create................................No Action SB 106 --Merit system; permanent employees; adverse actions.........................No Action SB 108 --Teachers Retirement System; early retirement;
30 years..........................................................368, 370, 408, 1435, 3882, 4203 SB 113 --Driving under the influence; alcohol concentration
level....................................................................................................No Action SB 119 --Water and sewer systems materials; counties publish
standards...................................................................................220, 3730, 4203 SB 122 --Peace Officers' Annuity and Benefit; creditable
service.................................................................1046, 1048, 1075, 1435, 3078 SB 127 --Rockdale Judicial Circuit; add judge......................................................No Action SB 128 --Jails; inmates with infectious disease or HIV
infected; notification........................................................................No Action SB 131 --Bad checks; present consideration; define.......................................................3314 SB 144 --Distance Learning and Telemedicine Act; enact; Public
Service Commission; provide sixteen-mile toll free telephone calling............................................................2902, 2928, 3017 SB 149 --Superior Court Judges Retirement System; creditable service................................368, 370, 408, 1435, 2305, 2867, 3017 SB 150 --Firearm sales; instant background check; regulations.........................3107, 4227 SB 155 --School consolidation; opposition petitions.........................114, 3722, 4417, 4433,
4554, 4587 SB 159 --Health related professions; prohibitions on invasive
procedures; provisional licenses and impaired doctors program; practicing dentistry without a license...............................2185, 2892, 3622, 3827, 3832, 3833, 4410, 4587 SB 164 --County jail fund; provisions for paying over ..............................3761, 3912, 4592 SB 166 --Employees' Retirement System; death of spouse; new spouse's benefit.................................................1536, 1538, 1615, 1841, 3071 SB 168 --Interior designers; registration and certification by State Board of Architects.....................................................396, 466, 861 SB 170 --Hospitals; perfecting lien; time period...................................................No Action SB 173 --Airports; prohibit certain property condemnation..............................1620, 1623,
1716, 1909, 2335, 2655 SB 174 --Reapportionment; House of Representatives;
districts 102, 132, 133, 135, 136...........................................3836, 4019, 4203 SB 181 --Cosmetologists; continuing education.....................................................No Action SB 182 --Nursing homes; certain sprinkler system; requirement.......................No Action SB 190 --Teachers and public school employees; health insurance;
amend provisions..............................................................................No Action
SB 191 --Driver's license suspension; payment of fines.......................................No Action SB 199 --Veterans' drivers' licenses; qualification ................................................No Action
SB 210 --Child custody; best interest of child; provide criteria.................................................................................No Action
6197
SB 211 --Nursing homes; receivership; certain violations....................................No Action SB 220 --General Assembly; former members; identification cards...................No Action SB 226 --Fulton County; commission chairman; limit terms..............................No Action SB 236 --Funeral home; property dedicated for cemetery;
requirements.....................................................................................No Action SB 246 --Criminal bonds; certain fees; sheriffs exempt.......................................1859, 1861
1908, 4194 SB 255 --Simple battery against police officer or law
enforcement dog; punishment .............................................2482, 4222, 4594 SB 256 --Employees; off-duty lawful activities;
nondiscrimination........................2217, 2219, 2305, 2423, 3058, 3167, 4007, 4019, 4340
SB 260 --Juvenile proceedings; delinquency hearings; open to public..............................................................1557, 4017, 4233, 4249
SB 268 --Certain waste treatment facility; permit................................................No Action SB 269 --Technology Related Assistance Trust Fund for
Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; enact.........................No Action SB 270 --Fulton County; new landfill site; prohibit.............................................No Action SB 274 --Driver's license suspension; change provisions and penalties.....................................................................................No Action SB 284 --Emergency medical services; intravenous fluids on vehicles; requirements...........................................................1711, 3757, 4204 SB 285 --Truthful reports from certain persons; privileged communications................................................................................No Action SB 286 --Railroads; grade crossing elimination costs.....................................................4194 SB 287 --Equine activities; immunity from liability for certain persons..................................................................................No Action SB 290 --Controlled substances or marijuana; misdemeanor possession conviction; driver's license suspension..........................................No Action SB 291 --Probate court judge; office hours; exception.........................................No Action SB 292 --Insurance; preferred provider arrangements; provisions........................369, 370,
408, 1068, 2885 SB 294 --Local hospital authority; projects in other areas;
operate upon request.......................................................................No Action SB 297 --Telephone record information disclosure; prohibitions .......................No Action SB 301 --Stone Mountain Judicial Circuit; add judge .........................................No Action SB 305 --Civil action; injury to minor child; limitation.......................................No Action SB 310 --Continuances; absence of attorney; General
Assembly staff...................................................................................No Action SB 314 --Brunswick Judicial Circuit; add judge ...................................................No Action SB 315 --Children in foster care; periodic reviews..........................................................3760 SB 317 --Superior court clerks; fees; certain counties;
population classification.......................................................3112, 3130, 4592 SB 318 --Superior court clerks; fees; certain counties;
population classification..................................................................No Action SB 319 --Alcoholic beverage caterers; licensing; prohibitions............................1857, 1861,
1908, 2186, 3072 SB 320 --Theft; misappropriation of trade secrets ...............................................No Action SB 322 --Death investigation; autopsy and limited dissection;
redefine........................................................................................................4483
SB 334 --Griffin Judicial Circuit; add judge..........................................................4194, 4492 SB 336 --Motor vehicles; pawnbrokers; storage fees.............................................No Action
SB 337 --Judges of the Probate Courts Retirement; certain members; retire at age 55.................................................369, 370, 408, 1841
SB 339 --Motor vehicles; moving or storing; liens ................................................No Action
6198
SB 341 --Peace Officers' Annuity and Benefit Fund; certain officers; membership ..............................................494, 497, 778, 1435, 2872
SB 343 --Putnam County; state court officials and employees; compensation...............................................................207, 214, 243, 965, 966
SB 345 --Photographs or reproductions; sheriffs; right to make; fees .....................................................................................No Action
SB 350 --Motor vehicle theft; sentence; special alternative incarceration or boot camp.............................................................No Action
SB 351 --Distinctive license plates; armed forces of United States..................................................................................................No Action
SB 360 --Child support; provide certain assistance past age of majority ..............................................................................1162, 1163, 1335
SB 364 --Blue Ridge Judicial Circuit; add judge..................................................No Action SB 365 --Emergency medical personnel; certain recertification
standards; delete.........................................................................................2103 SB 371 --Cobb Judicial Circuit; judges; supplement............................................No Action SB 372 --Insurance premium taxes; county proceeds; street
improvement.....................................................................................No Action SB 378 --Juvenile justice services; local provision;
incentives...........................................................................................No Action SB 379 --GeorgiaNet Authority; publication and sale of
Georgia Register.....................................................................1036, 3032, 3842 SB 381 --Water quality; limits on phosphorus discharged into
Chattahoochee River........................................................................No Action SB 383 --Juries; equal number of peremptory challenges.........................1083, 1089, 1156 SB 384 --Superior court clerks; compensation; certain counties;
change population figures ....................................................3107, 3194, 3843 SB 388 --Offenses bailable only before superior courts;
provisions ............................................................................................769, 2870 SB 394 --Divorce petitions; require birth date of petitioner
and respondent.................................................................................No Action SB 395 --Seat belts; failure to use; additional violations.....................................No Action SB 410 --Legislative fiscal oversight committee; create; state
auditor; powers.......................................3877, 4128, 4339, 4345, 4362, 4373, 4451, 4587
SB 412 --Teachers of the Year; salary increases...................................................No Action SB 413 --Gwinnett County; change organization of governing
authority............................................................................................No Action SB 415 --Georgia Tort Claims Act; enact.....................1046, 1048, 1075, 3249, 3610, 4204 SB 417 --Quality basic education; courses at eligible
institutions; high school credit..................................................396, 476, 861 SB 426 --Executive Fellows Program; provide.......................................................No Action SB 433 --Education; office of minority educator recruitment;
create..................................................................................................No Action SB 445 --Employees' Retirement System; creditable service;
certain judicial employees .....................................410, 412, 432, 1036, 2889 SB 450 --Clayton County; community improvement districts;
create..................................................................................................2844, 2861 SB 451 --Fulton County; City of South Fulton County;
incorporate ........................................................................................No Action SB 452 --Fulton County; City of North Fulton County;
incorporate ........................................................................................No Action
SB 453 --Fulton County; ad valorem tax revenues; limitation ...........................No Action
SB 455 --Atlanta, City of; bond issuance without referendum; limitation...........................................................................................No Action
SB 456 --Clayton County; deputy tax commissioner; compensation..................No Action
SB 457 --Roswell, City of; corporate limits............................................................No Action
6199
SB 458 --Campaign contributions; agricultural licensees or lessees; prohibitions...............................................................!084, 1089, 1156
SB 459 --State employees in high-risk jobs; drug testing ...............................126, 127, 202 S& 460 --Nonprofit food sales and service; county or city
permits; requirements; prohibitions..............................369, 370, 408, 1149, 3033, 3254, 3921
SB 461 --Georgia Military College; board of trustees; composition..............................................................861, 863, 916, 1076, 3078
SB 463 --Speech-language pathology aide; scope of practice.........................126, 127, 202, 2590, 3721, 4204
SB 464 --Therapeutic Recreation Licensing Act; enact......................................1046, 1048, 1075, 1909
SB 465 --Certain retirees; medical and dental services; liability......................................................................494, 497, 778, 3188, 3912
SB 468 --Medical Examiners, Composite State Board of; Physicians's Assistants Advisory Committee; expenses.........................1452, 1455, 1524 2590, 3769
SB 471 --State government; chaplain; create position in classified service of merit system...............................................................494, 497, 778
SB 473 --Warrants; filing of complaints; not guilty by reason of insanity plea; examination ..........................461, 463, 488, 3107, 3886, 4592
SB 474 --Boats and personal watercraft; regulate operation.........................410, 412, 432, 2481, 3085, 4251, 4419
SB 475 --Lottery materials and equipment; manufacture for use outside state; authorization............................208, 214, 243, 1149, 2876
SB 478 --Driving under the influence; nolo contendere plea; driver's license suspension; repeal certain provisions......................................................................................494, 497, 778
SB 480 --Legislators and public officers; honorariums; prohibitions.............................................................................1623, 1624, 1716
SB 482 --Public officers and employees; nepotism; prohibitions.............................................................................1620, 1624, 1716
SB 484 --Schools; comprehensive evaluation; exemption.....................461, 463, 488, 1067, 3606, 3843
SB 486 --State court judge; residency requirement.........................................411, 413, 432, 4194, 4230
SB 487 --Motor vehicles; impaired driving offense; probationary license; endangering a child by driving under the influence..................................................411, 413, 432, 2186, 3254, 3844
SB 488 --Education; pay-for-performance programs; capital outlay funds; sparsity systems; school consolidation opposition.................................461, 463, 488, 2900, 3036, 3336, 3826, 3832, 3834, 4117, 4202
SB 489 --Driving under the influence; driver's license suspension; amend provisions..............................411, 413, 432, 2718, 3665, 4006, 4283, 4403, 4408, 4458, 4587
SB 490 --Cemeteries; minimum size requirements; exemptions....................436, 438, 458, 3732, 4409
SB 492 --Children and Youth Coordinating Council; authority to inspect juvenile records .........................................................788, 792, 856
SB 493 --Public Safety Department; use of equipment by uniformed personnel...............................................920, 923, 963, 1149, 2875
SB 495 --Judges performing marriage ceremonies; gratuities........................208, 214, 243, 910, 2953, 3591
SB 496 --Sheriffs; fees; clerks' recording fees ........................................411, 413, 432, 2902, 3896, 4204
SB 501 --Columbia County; school superintendent; elect...............................207, 214, 243
6200
SB 503 --Correctional institutions; employ full-time chaplain.....................................1859, 1861, 1908
SB 504 --Juries; English language requirement................................................411, 413, 432 SB 505 --Motor vehicles; amend provisions ......................920, 923, 963, 3610, 4146, 4359,
4386, 4449, 4450, 4556, 4587 SB 507 --School enrollment; social security number required.......................461, 463, 488,
2900, 3073 SB 510 --General Assembly; reduce compensation; employee
furlough days..........................................................................2665, 2665, 2843 SB 512 --State Housing Trust Fund for the Homeless Commission;
powers............................................................................................256, 258, 366 SB 513 --Housing and Finance Authority; powers...........................................256, 258, 366 SB 514 --Education; local fair share funds; determination.......................1084, 1089, 1156 SB 515 --Newspaper; official county organ; certain requirement................................1046,
1048, 1075 SB 516 --Uniform rules of the road; nolo contendere plea;
restrictions....................................................................................437, 438, 458 SB 517 --Jury of 12 in civil action; $100,000 or more.........................................1340, 1345,
1369, 2482 SB 518 --Judicial branch personnel; continuing education;
impose fee.....................................................................................920, 923, 963 SB 519 --Agricultural products; delete dairy products from
definitions ..................................................................257, 259, 366, 964, 4399 SB 520 --Certain agricultural, farm, and crop definitions;
Humane Care of Equines; enact......................................257, 259, 366, 964, 4399, 4594
SB 521 --Georgia Liming Materials Act of 1992; provisions...........................920, 923, 963 SB 522 --Georgia Safe Dams Act; certain orders; filing
requirements............................................................411, 413, 432, 1653, 2968 SB 523 --Surface mining; permits; Environmental Protection
Division..........................................2448, 2451, 2589, 2905, 3889, 4193, 4389 SB 524 --Driving under the influence; additional assessment;
compensation for crime victims............................437, 438, 458, 1741, 2879 SB 525 --Driving under the influence; trial by jury; waiver...........................437, 439, 458 SB 526 --Theft by extortion against elderly; penalty............................788, 792, 856, 2902 SB 527 --Campaign contributions; rezoning applicants;
disclosure......................................................................1162, 1163, 1335, 2901 SB 528 --Drivers' licenses; driving under the influence;
implied consent..................................................................437, 439, 458, 3336 SB 529 --Trial Judges and Solicitors Retirement; certain members
over 70; failure to retire.........................................788, 793, 856, 1036, 2969 SB 533 --Schools; student attend where parent employed ............................788, 793, 856,
2900, 3038 SB 534 --Administrative procedure; state agencies; synopsis
of proposed rules...............................................................788, 793, 856, 3573 SB 535 --Regulatory agencies; comprehensively revise provisions........................792, 793,
856, 2098, 2953 SB 536 --Real estate appraisers; classification; exemptions...........................461, 463, 488,
1434, 1756, 1915 SB 537 --Quality basic education; local fair share funds
and equalization grants.............................................................968, 971, 1043 SB 539 --Ad valorem tax collectors and appraisers; duties
and responsibilities......................................................................461, 464, 488
SB 541 --State government; contract with retired employees; time limit......................................................................................788, 793, 856
SB 542 --Appeals; child custody cases; inapplicability....................................437, 439, 458
SB 543 --Georgia Prescribed Burning Act; enact........................788, 794, 856, 2104, 2937,
6201
3160, 3169, 3246, 3248, 3842, 3958 SB 545 --Indigent defense; multicounty public defender;
create office...................................1084, 1089, 1156, 1520, 3755, 3873, 3952 SB 546 --Trial Judges and Solicitors Retirement; county
supplement..............................................1340, 1345, 1369, 2104, 3083, 4204 SB 548 --Fulton County; magistrate court; additional
magistrates...............................................................496, 497, 778, 1044, 1045 SB 549 --Alcoholic beverages; prohibit certain sales on
election day ..................................................................1084, 1090, 1156, 3107 SB 550 --Radar speed detection devices on hills; delete
certain prohibition.................................................................1376, 1379, 1447 SB 552 --Veterans' employment preference; certain National
Guard members.......................................................789, 794, 856, 2184, 3632 SB 553 --Constitutional county officers; compensation............................1084, 1090, 1156,
1841, 3911 SB 554 --Probate court; chief clerk acting as judge;
compensation.....................................................1859, 1862, 1908, 2902, 2958 SB 555 --Veterans' drivers' licenses; requirements;
clarification..............................................................437, 439, 458, 3336, 3604 SB 556 --Fulton County; bids; change provisions .................................496, 497, 778, 1052,
2790, 2793 SB 558 --State employees; two breaks per 8-hour shift........................789, 794, 856, 1336 SB 559 --DeKalb County; board of ethics; expanded jurisdiction ........................412, 414,
432, 3112, 3131 SB 560 --Employment security; aliens; security officers;
extended benefits..........................................461, 464, 488, 1434, 2170, 2321 SB 561 --Personal care homes; licensing; long-term care
ombudsman ............................................................................1084, 1090, 1156 SB 563 --Weapons and explosives; prohibit at school and on bus........................789, 794,
856, 2098, 3787, 4204 SB 564 --Insurance; medicare supplement; regulate.............................462, 464, 488, 1903,
3027, 3843 SB 565 --Paternity determination; father's written statement..........................1340, 1346,
1369, 2482 SB 566 --Reapportionment; Senate..................................................451, 464, 488, 910, 1111 SB 567 --Reapportionment; Senate..........................437, 439, 458, 1840, 2047, 2184, 3178,
3248, 3314, 3499, 3571 SB 568 --Disabled veterans; license plates; joint ownership
of vehicle with spouse......................................1376, 1380, 1447, 2184, 3189 SB 569 --Controlled substances; forfeitures; proceeds...............................2656, 2666, 2843 SB 570 --Cherokee County; water and sewerage authority;
meetings.............................................................496, 498, 778, 965, 966, 1083 SB 571 --Quality basic education; media center computer
hardware and software; funds...............................789, 794, 856, 2184, 3248 SB 572 --Family violence; amend provisions ....................................1859, 1862, 1908, 3760 SB 574 --Murray County; board of commissioners; districts.........................496, 498, 778,
1076, 1081 SB 575 --Murray County; deputy coroner; compensation..............................496, 498, 778,
965, 967 SB 576 --Murray County; school superintendent; appoint ............................496, 498, 778,
965, 967 SB 577 --Cobb County; board of commissioners; districts.............................496, 498, 778,
2191, 2208
SB 578 --Elections; write-in candidates; notice of intention of candidacy.......................................................................921, 923, 963, 2098
SB 579 --Driver's license restoration; certain course
completion; points reduction...........................1376, 1380, 1447, 2186, 3863
6202
SB 582 --Advertising; debt relief; include term bankruptcy...........................789, 794, 856 SB 585 --Fulton County; housing authority; resident
commissioner...........................................1378, 1380, 1447, 2790, 2793, 3017 SB 586 --Certificate of need; state health planning;
judicial review..............................................................1085, 1090, 1156, 1157 SB 587 --Education; multiyear leases; Community Education
and Development Act; grants.....................789, 795, 856, 3106, 4403, 4592 SB 588 --Community Education and Development Act; repeal;
prohibit certain access to public records..........................1722, 1724, 1748, 3106, 4232, 4592
SB 590 --Governor's Development Council; composition; powers.........................921, 924, 963, 1036, 3169
SB 591 --Public school personnel; payroll deduction; authorization......................................................1085, 1090, 1156, 2900, 3247
SB 592 --Drug-free recreation or residential zones; provisions..............................921, 924, 963, 1904
SB 593 --Controlled substances or marijuana; using minors to manufacture or distribute; penalty .....................................921, 924, 963, 1904, 3037
SB 594 --DNA data bank for sexual offenders; provisions ..........................968, 971, 1043, 2844, 3185
SB 595 --Georgia Emergency Management Agency; create.....................1453, 1455, 1524, 2184, 2957
SB 596 --Driver's license suspension; certain course completion for reinstatement .........................................................................921, 924, 963
SB 598 --Contact lenses; restrictions on sale by unlicensed person.......................................................1085, 1090, 1156, 3335, 4345, 4592
SB 599 --Georgia Practical Nurses Practice Act; enact............................1162, 1164, 1335, 2185, 4439, 4594
SB 600 --Housing and Finance Authority; amend provisions; Hospital Financing Authority; repeal provisions................................................................................1620, 1624, 1716
SB 601 --Birth certificates; adoption or legitimation; amend provisions ....................................................921, 924, 963, 3760, 3868
SB 602 --Rabies control; procedures; inoculation of felines...............................1085, 1091, 1156, 1615, 4222
SB 604 --Open meetings and open records; amend provisions..........................1376, 1380, 1447, 2983, 3195, 3731, 3829
SB 605 --Living wills; life-sustaining procedures; conditions for withholding.......................................................................1162, 1164, 1335
SB 607 --Landmark historic property; ad valorem tax; preferential assessment....................................1453, 1455, 1524, 2424, 3250
SB 609 --Gasoline or diesel fuel pump nozzles; safety devices................................................................................921, 925, 963
SB 611 --Mobile homes; 16 feet wide; single-trip permits........................1085, 1091, 1157 SB 613 --Real estate appraisers; classification; exemptions............................922, 925, 963 SB 614 --Commission on Equal Opportunity; change name from Fair
Employment Practices.....................................1621, 1624, 1716, 2901, 4222 SB 615 --Fair housing; amend provisions; Commission on
Equal Opportunity............................................2109, 2113, 2190, 2901, 3885 SB 616 --Highways; bus shelters on public rights of way;
amend provisions....................................1085, 1091, 1157, 1717, 2936, 3017 SB 617 --Ad valorem tax; amend provisions; mobile homes;
location permits......................................1085, 1091, 1157, 3761, 4348, 4593 SB 618 --Governor's Ground-water Advisory Council; create;
protected fresh waters; prohibit
certain vessels................................................922, 925, 963, 1653, 2947, 3160
6203
SB 622 --Education; No Pass/No Participate provisions; applicability...................................1453, 1455, 1524, 2900, 3251, 3731, 3997
SB 623 --Baldwin County; board of education; compensation......................861, 863, 916, 3112, 3132
SB 624 --Baldwin County; board of education; districts................................861, 864, 916, 1158, 1160
SB 625 --Baldwin County; board of commissioners; districts........................862, 864, 916, 1158, 1160
SB 627 --Certain counties; volunteer legal service agencies; fees......................................................................1378, 1380, 1447, 2844, 2861
SB 628 --Kennesaw, City of; municipal court; powers....................................862, 864, 916, 3836, 3838
SB 629 --Workers' compensation; comprehensive revision of provisions ...............................................................................968, 971, 1043
SB 630 --Aquaculture Development Act; repeal; reenact.........................2665, 2666, 2843, 2900, 3884
SB 631 --Public works contracts; retainage; interest; investment; payment ...................1046, 1049, 1075, 2429, 3887, 4252, 4388
SB 633 --Ad valorem tax; payments in certain counties; population brackets................................1622, 1624, 1716, 3623, 4392, 4392
SB 634 --Bicycle safety; amend provisions........................................1621, 1625, 1716, 3336 SB 635 --Theft by shoplifting; sentencing provision;
clarification...................................................................1376, 1380, 1447, 2482 SB 637 --River basin management plans; development; approval ....................1749, 1753,
1845, 3761, 3893, 4204 SB 638 --State Properties Commission; acquisitions; reports;
budget estimates....................................................................2656, 2666, 2843 SB 639 --Sales representatives; contracts; amend provisions.............................1536, 1538,
1615, 2098, 3883 SB 640 --Driving under the influence; nolo contendere
plea; restrictions.....................................................................1086, 1091, 1157 SB 643 --Handicapped parking; temporarily handicapped
person redefined .....................................1086, 1091, 1157, 1435, 3252, 3843 SB 644 --Juvenile proceedings; victim impact statement;
criminal procedure; sentencing......................!376, 1381, 1447, 3760, 3898, 4194, 4450
SB 646 --Homicide by vehicle; failure to stop for school bus............................1376, 1381, 1447, 3336, 4431, 4593
SB 649 --Civil practice; dismissal of certain actions; time ...........................................................................1621, 1625, 1716
SB 656 --Transportation Board member; removal for cause; filling vacancy..............................................................1046, 1049, 1075, 3315
SB 659 --Troup County; board of commissioners; districts.........................968, 971, 1043, 1369, 1371, 1619
SB 660 --Regional development centers; create nonprofit corporations.............................................2448, 2451, 2589, 3107, 3183, 3843
SB 661 --Clayton County; homestead exemption; increase..........................968, 972, 1043, 1525, 1535
SB 662 --Clayton Judicial Circuit; judges; county supplement .............................969, 972, 1043, 1525, 1534
SB 663 --Clayton Judicial Circuit; district attorney; county supplement.............................................................969, 972, 1043, 1525, 1534
SB 664 --Driving under the influence; defendant's record of traffic offenses; attach to judge's sentence............................................1621, 1625, 1716
SB 665 --Driver's license suspension; driving under the influence; amend provisions...........................,.....................1749, 1753, 1845
6204
SB 667 --DeKalb County; homestead exemption; school taxes; certain war widows.....................................969, 972, 1043, 2844, 2862, 3161
SB 668 --DeKalb County; homestead exemption; certain war widows ..................................................969, 972, 1043, 2844, 2863, 3161
T3B 669 --Personal care homes; restrictions on referrals............................!086, 1092, 1157 SB 670 --Fiduciary powers; incorporation by citation; repealed
statute.................................................................!377, 1381, 1447, 2902, 2940 SB 672 --Trout waters without seasons; add certain streams............................1086, 1092,
1157, 2481, 3025, 3166, 3884, 4203 SB 673 --Powder Springs, City of; council; election......................................969, 972, 1043,
2105, 2106 SB 675 --Juries; unexcused absent juror; judges; contempt
power.......................................................................................1749, 1753, 1845 SB 676 --Controlled substances; counterfeit substances within
1000 feet of school; felony....................................................1749, 1753, 1845 SB 677 --Accident and sickness insurance; standard claim form;
payment of benefits to nonpreferred provider....................................................1621, 1625, 1716, 2901, 3173, 3591 SB 678 --Department of Corrections and Board of Pardons and Paroles; drug tests on inmates; procedures......................1623, 1625, 1716,
2983, 4343, 4593 SB 679 --Georgia Ports Authority; membership....................1377, 1381, 1447, 2098, 4429 SB 680 --Certificate of need; health care facilities;
provider of medical assistance.......................1750, 1753, 1845, 2590, 2941, 3161, 3295
SB 681 --Nursing facility; voluntary termination of provider agreement with Department of Medical Assistance..................1750, 1754, 1845, 2590, 3190
SB 682 --Certain counties; board of elections; population bracket............................................!378, 1381, 1447, 4064, 4072
SB 683 --Certain counties; appointment of jury clerk; population bracket .................................1378, 1381, 1447, 3623, 4392, 4392
SB 684 --Certain counties; municipal elections; population bracket ................................1378, 1382, 1447, 2901, 3103, 3104, 4392, 4393
SB 685 --Smyrna, City of; homestead exemption; certain residents.............................................................1087, 1092, 1157, 2987, 3007
SB 687 --Workers' compensation; allowable medical charges; determination...............................................................2219, 2220, 2305, 3107
SB 688 --Handicapped parking; other than named person; prohibitions.............................................................................1750, 1754, 1845
SB 689 --Probate and municipal courts; jurisdiction in certain counties; repeal certain provisions..................................1379, 1382, 1447, 3112, 3132
SB 690 --Eatonton, City of; mayor and aldermen; election.....................1087, 1092, 1157, 4064, 4073
SB 691 --Putnam County; sheriff; compensation...................1087, 1092, 1157, 4064, 4073 SB 692 --Putnam County; tax commissioner; compensation...................1087, 1092, 1157,
4064, 4073 SB 693 --Personal care homes; regulation; hospice patient;
pronouncement of death by registered professional nurses .................................1453, 1455, 1524, 2590, 3176, 3844
SB 694 --Atlanta, City of; municipal court; additional fines.....................................................................2659, 2666, 2843, 3112, 3132
SB 695 --Ad valorem tax; time for returns; homestead exemption filing date................................................................................1622, 1625, 1716
SB 699 --Motor fuel taxes; refunds to employees of foreign
6205
governments; certain motor carriers; withhold registration..............................1341, 1346, 1369, 3336, 4440, 4593 SB 700 --Ticket sales; authorized service charges......................................1859, 1862, 1908 SB 701 --Workers' compensation; rejected policies; vendors of logging services........................................1750, 1754, 1845, 2901, 3169, 3843 SB 703 --State Commission on Family Violence; create ..........................1750, 1754, 1845,
2429, 4436, 4593 SB 704 --Lobbyists; change registration from Secretary of State
to State Ethics Commission ......................................1723, 1724, 1748, 2428 SB 705 --Reapportionment; congressional districts ........................1341, 1346, 1369, 1435,
1474, 1501, 1502, 1515, 1516, 1680, 1722 SB 706 --Putnam County; board of commissioners; districts ............................1342, 1346,
1369, 1845, 1853, 3254 SB 707 --Putnam County; board of education; districts ..........................1342, 1346, 1369,
1845, 1855, 3254 SB 708 --Chatham County; violations of ordinances; citations.........................1342, 1346,
1369, 3112, 3132 SB 709 --Cobb County; civil service system; board members............................1342, 1347,
1369, 3574, 3584 SB 712 --Chatham County; recorder's court; probation services.......................1377, 1382,
1447, 2987, 3002 SB 713 --Chatham County; recorder's court; judicial services...........................1377, 1382,
1447, 3574, 3584, 3845 SB 719 --Notaries public; performance bonds; provisions ........................2322, 2326, 2428 SB 720 --Municipal Gas Authority; membership; amend
provisions...........................................................1801, 1801, 1845, 2424, 3175 SB 721 --Local boards of education; additional powers ...........................1723, 1724, 1748,
2900, 4396 SB 722 --Health insurance; preexisting condition; waiting
period.......................................................................................1750, 1754, 1845 SB 723 --Workers' compensation; health benefits pilot projects;
local governments; group self-insurance fund ............................1751, 1755, 1845, 2905, 3185, 3845
SB 724 --Insurance; assumption reinsurance agreements; provisions....................................,............1860, 1862, 1908, 2905, 3170, 3843
SB 725 --Shore Assistance Act; repeal; Shore Protection Act; enact.........................................................1860, 1862, 1908, 2844, 3740, 3844
SB 726 --Hall County; state court; associate judge...................................1454, 1455, 1524, 2906, 2921
SB 728 --Alcoholic beverages; Sunday sales at festivals in certain counties..................................2297, 2326, 2428, 2906, 3604, 4205
SB 729 --Motor vehicles and transportation; define certain van ..............................................................................2663, 2666, 2843
SB 730 --Probation systems for municipal courts; authorize.............................I860, 1862, 1908, 2585, 3764
SB 731 --Hospital Financing Authority; definitions; health facilities; participating providers........................................2657, 2666, 2843, 2844, 3617
SB 733 --License plates; National Guard; spouse of member or retired member ......................................................................1860, 1863, 1908
SB 735 --Street Gang Terrorism and Prevention Act; enact...................1916, 1919, 2103, 2429, 3769, 4097, 4362, 4478, 4479, 4483, 4496, 4551, 4588
SB 738 --Certain counties; central accounting system; population brackets ..........................................2111, 2114, 2190, 4479, 4479
SB 739 --Certain counties; office of county treasurer; repeal Act abolishing........................................2111, 2114, 2190, 3836, 3838
SB 740 --Certain counties; municipal voter registration
6206
list; population brackets .................................2111, 2114, 2190, 2901, 3103, 3104, 4392, 4393
SB 741 --Certain counties; board of education; vacancy; population brackets..........................................2112, 2114, 2190, 3836, 3839
SB 742 --Certain counties and municipalities; boards of education; operation of schools; population figures.............................................2112, 2114, 2190, 4064, 4073
SB 743 --Certain counties; office of county manager; authorization; population figures.......................................2112, 2114, 2190, 3836, 3839
SB 745 --Hazardous waste management; siting facilities; provisions................................................................................2657, 2667, 2843
SB 746 --Alcoholic beverages; Sunday sales at festivals in certain municipalities; population figures.......................................2659, 2667, 2843
SB 747 --Insurance agents, solicitors, brokers, counselors, and adjusters; amend licensing provisions ...............................2448, 2451, 2589, 2905, 3771, 4205
SB 748 --Annexation; restriction of rezoning in certain counties; population figures ............................2112, 2115, 2190, 4479, 4479
SB 749 --Certain counties; campus defined; population figures..................................2112, 2115, 2190
SB 750 --Peace officers; citizens of adjoining states; training; reimbursement in certain instances; population figures...................................2112, 2115, 2190, 2906, 3759, 4205
SB 751 --Compensation of crime victims; Criminal Justice Coordinating Council serve as Crime Victims Compensation Board..............................2109, 2115, 2190, 3877, 4124, 4593
SB 753 --County administrator; appointment in certain counties by probate judge; population figure ...................................2112, 2115, 2190
SB 754 --Municipal list of electors; purging in certain counties; population figures..................................2112, 2115, 2190, 2901, 3103, 3104, 4392, 4393
SB 757 --High school credits; American sign language count as foreign language.....................................................................2322, 2326, 2428
SB 758 --Compensation of certain officials of certain cities repeal; population figures................................2113, 2115, 2190, 4392, 4393
SB 759 --Grandparent visitation rights; determining factors.............................2664, 2667, 2843, 3573
SB 762 --Gwinnett County; board of education; districts ..................................1860, 1863, 1908, 4392, 4394
SB 763 --Savannah, City of and Chatham County; education districts.....................................................1918, 1919, 2103, 3112, 3133, 3592
SB 769 --Education; demonstration plans and programs; provisions.................................................2322, 2326, 2428, 2900, 3633, 3844
SB 770 --State employees; flexible benefit plans; group property and casualty insurance.....................................2217, 2220, 2305, 3573, 4231
SB 772 --Aggravated animal abuse of dogs and cats; penalty.....................................................................................2664, 2667, 2843
SB 773 --Geo. L. Smith II Georgia World Congress Center; alcoholic beverage sales; consumption on premises.........................2323, 2326, 2428, 2952, 3249, 3604, 4342
SB 774 --Alcoholic beverages; refunds or credits for taxes; manner of collecting taxes........................................2448, 2451, 2589, 2906, 3723, 4205
SB 776 --Southern Judicial Circuit; add judge...........................................2657, 2667, 2843
SB 777 --Professional Standards Commission; amend provisions.....................2323, 2327, 2428, 3106, 3634, 3833, 4097, 4195, 4345
6207
SB 779 --Speed detection devices; law enforcement agency; repeal certain requirements...................................................2664, 2668, 2843, 3761
SB 784 --Quality basic education; enrollment counts; funding calculation................................2218, 2220, 2305, 2900, 3626, 4018, 4097, 4195, 4215
SB 785 --Cobb County; community improvement districts; amend provisions ...........................................................2110, 2116, 2190, 2790, 2794
SB 786 --Accident and sickness insurance; spousal coverage; employee contribution......................................2665, 2668, 2843, 2901, 3754
SB 787 --Assistant district attorneys; define LL.M. degree...............................2477, 2478, 2590, 3760, 4443, 4593
SB 789 --Certain counties; employee pension rights; change population figures...................................2660, 2668, 2843, 2891, 4392, 4394
SB 790 --Patient cost of care; amend provisions.............................2323, 2327, 2428, 2844, 3705, 3844
SB 791 --Georgia Laws and Senate and House Journals; selling price........................................................2657, 2668, 2843, 2902, 3618
SB 792 --Certain counties; pensions for retired policemen and firemen; change population figure...........................2660, 2668, 2843, 2891, 4392, 4394
SB 793 --Certain counties; municipal ad valorem taxes; change population figure..........................2660, 2668, 2843, 3103, 3112, 3139, 3592
SB 794 --Certain counties; jury clerk appointment; change population figure ....................................2660, 2669, 2843, 3102, 4064, 4074
SB 795 --Certain counties; probation system employees; membership in local retirement system; change population figure.......................2660, 2669, 2843, 2891, 4392, 4394
SB 796 --Certain counties; voter registration; list of electors; population brackets..........................2660, 2669, 2843, 2901, 3103, 3104, 4392, 4395
SB 797 --Certain counties; police department pensions; change population figure...............................................2660, 2669, 2843, 4392, 4395
SB 798 --Superior court clerks; retirement fund payments in certain counties; change population figure .................................2660, 2669, 2843, 4392, 4395
SB 799 --Deposit of certain funds in treasury of certain counties; change population figure ....................................2661, 2669, 2843, 4392, 4395
SB 800 --Certain counties; personal property sales other than at courthouse; change population figure...........................2661, 2670, 2843, 2982, 3836, 3839
SB 801 --Certain counties; public safety radio services; change population figure...............................................2661, 2670, 2843, 3836, 3839
SB 802 --Certain counties; deputy registrars; change population figure ...................................2661, 2670, 2843, 2901, 3103, 3104, 4392, 4396
SB 803 --School taxes; retainage in certain counties by tax collector; population brackets............................2661, 2670, 2843, 2967, 4479, 4482
SB 804 --Certain counties; duties of sheriff; population brackets....................................................2661, 2670, 2843, 2968, 4064, 4074
SB 805 --Certain counties; justice of the peace emeritus; change population figure .................................2661, 2670, 2843, 4479, 4480
SB 806 --Certain counties; certain judicial salaries; change population figure...............................................2661, 2671, 2843, 4479, 4480
SB 807 --Certain counties; appointment of county registrar;
change population figure ................................2662, 2671, 2843, 2901, 3103,
6208
3104, 4479, 4480 SB 808 --Certain counties; legal advertisements; change
population figure...............................................2663, 2671, 2843, 4479, 4480 SB 809 --Certain counties; indigent defense; change
population figure...............................................2662, 2671, 2843, 4479, 4481 SB 811 --Commission on Mental Health, Mental Retardation, and
Substance Abuse Service Delivery; create........................................................2657, 2671, 2843, 3335, 3619, 3844 SB 813 --Calhoun, City of; Big Brothers/Big Sisters; authorize appropriation.....................................................2324, 2327, 2428, 3836, 3840 SB 815 --Cardiopulmonary resuscitation; candidate for nonresuscitation; amend provisions..........................2665, 2671, 2843, 3189 SB 817 --Augusta Judicial Circuit; payment of fines.................................2657, 2672, 2843 SB 818 --Richmond, County of; board of education; amend provisions...........................................................2324, 2327, 2428, 4200, 4201 SB 819 --Richmond, County of; board of education; contracts and bids..............................................................2324, 2327, 2428, 4200, 4201 SB 820 --Chatham County; board of commissioners; districts ..........................2324, 2327,
2428, 3112, 3140, 3592 SB 822 --Columbia County; board of elections; create..............................2924, 2926, 2986 SB 823 --Columbia County; homestead exemption; certain
residents...................................................2449, 2451, 2590, 2987, 3008, 3593 SB 824 --Franklin Springs, City of; new charter.......................................2449, 2452, 2590,
3836, 3840 SB 825 --Royston, City of; new charter...................................2450, 2452, 2590, 3836, 3840 SB 826 --Hogansville, City of; board of education; ad valorem
school taxes........................................................2450, 2452, 2590, 3732, 3824 SB 827 --Fayette County; board of commissioners; compensation ...................2662, 2672,
2843, 4064, 4074 SB 828 --Lost or destroyed will; presumption of revocability;
applicability..................................................................2657, 2672, 2844, 4483 SB 829 --Cobb County; board of commissioners; districts........................2663, 2672, 2844 SB 830 --Palmetto, City of; mayor and council; vacancies .......................2450, 2452, 2590 SB 831 --State employees; family leave; provisions........................2658, 2672, 2844, 3107,
4408, 4594 SB 832 --Certain counties; deputy county registrars; population
brackets..............................................................2663, 2672, 2844, 4064, 4074 SB 834 --Trafficking in methamphetamine; penalty
provisions.................................................2553, 2574, 2590, 2902, 4223, 4594 SB 838 --Certain counties; bond funds; revise population
figures.................................................................2663, 2673, 2844, 4064, 4075 SB 839 --Branch banks; counties adjacent to parent bank;
revise population figure..............................................2663, 2673, 2844, 3188 SB 842 --Baldwin County; magistrate pro hac vice;
compensation..........................................................................2864, 2866, 2905 SB 844 --Columbia County; board of education; districts.........................2924, 2926, 2986 SB 845 --Columbia County; board of commissioners;
districts....................................................................................2924, 2926, 2986 SB 848 --Richmond County; board of education; reapportion
districts...............................................................3162, 3165, 3573, 4193, 4193 SB 849 --Gwinnett County; road improvement projects;
studies and audits..................................................................2924, 2927, 2986
SB 850 --Conasauga Judicial Circuit; certain investigators;
arrest powers......................................................2925, 2927, 2986, 4392, 4396 SB 851 --Canton, City of; waste management; authorization ............................2925, 2927,
2986, 4064, 4075
SB 852 --Habersham County; chief magistrate; provisions.......................2925, 2927, 2986
6209
SB 854 --Glynn County; board of commissioners; districts ......................2925, 2927, 2986 SB 855 --Glynn County; board of education; districts..............................2925, 2927, 2986,
4479, 4481 SB 856 --Troup County; board of education; districts .............................2925, 2928, 2986,
3836, 3840 SB 858 --Powder Springs, City of; homestead exemption;
certain residents................................................3020, 3024, 3111, 4064, 4075 SB 859 --Greene County; board of commissioners; chairman's
compensation.....................................................3020, 3024, 3111, 4064, 4076 SB 860 --Greene County; tax commissioner; compensation.....................3020, 3024, 3111,
4064, 4076 SB 861 --Clarke County; homestead exemption; certain residents...................3020, 3024,
3111, 3574, 3587 SB 862 --Habersham County; board of education; districts ....................3020, 3024, 3111,
4479, 4481 SB 863 --Telfair County; board of education; vacancies ..........................3162, 3166, 3573,
4064, 4076 SB 864 --Cobb County; community improvement districts;
clarification........................................................3163, 3166, 3573, 4064, 4077 SB 865 --Polk County; homestead exemptions; certain
residents.............................................................3163, 3166, 3573, 3836, 3841 SB 866 --Athens-Clarke County Industrial Development
Authority; membership....................................3625, 3625, 3836, 4479, 4481 SB 867 --Baldwin County; board of education; districts ....................................3625, 3626,
3836, 4193, 4201 SB 868 --Fayette County; board of commissioners;
districts....................................................................................3872, 3873, 4200
PART V
SENATE RESOLUTIONS IN HOUSE
SR 13 --Revenue bills; originate in either House - CA ................................................3108 SR 25 --Railroads; abandoned rights of way; convert to trails .........................No Action SR 70 --Special judicial circuits; investigative grand
juries, trial juries, courts, and personnel; establish - CA ...................................................................................No Action SR 98 --Surface Transportation Reauthorization Act; urge United States passage......................................................................No Action SR 133 --Operation Desert Storm; multinational coalition; appreciation.......................................................................................No Action SR 146 --Technology Related Assistance Trust Fund Individuals with Disabilities - CA......................................................................No Action SR 151 --Disrespect to flag; sanctions; urge United States constitutional convention................................................................No Action SR 159 --Revenue; educational purposes; impose 1% special sales tax - CA................................................................................................115 SR 180 --"South Georgia Parkway"; designation of Corridor Z.........................2424, 2880 SR 200 --Office of Planning and Budget director; member; State Financial and Investment Commission - CA.........................................2097 SR 248 --Glynn County; change Colonel's Island to Vandiver Island.......................................................790, 795, 856, 3250, 3893 SR 346 --Notify House; Senate convened..............................,...........................,..................32 SR 358 --"Historic U. S. 19 and Ga. 60 Business Route"; designate...,.........................................................1088, 1092, 1157, 1717, 3077 SR 360 --Notify Governor; General Assembly convened.............................................32, 32 SR 363 --Milledgeville, City of; convey property.........................257, 259, 366, 1150, 3760 SR 364 --Baldwin County; convey property......................................................257, 259, 366 SR 366 --Ben Jess Logan, Sr., Memorial Bridge; designate...........................863, 864, 916,
1717, 3825 SR 369 --Cobb County; convey property.......................................257, 259, 366, 1150, 1361 SR 373 --Governor's Commission on Long-term Care; create ...........................2664, 2673,
2844, 3168 SR 375 --State property; certain conveyances; repeal Acts
authorizing.....................................................863, 864, 916, 1150, 2886, 3593 SR 377 --Baldwin County; grant easement...................................462, 464, 488, 1150, 1502 SR 378 --Whitfield County; grant easement.................................495, 498, 778, 1150, 1402 SR 379 --Rabun County; grant easement......................................495, 498, 778, 1150, 1502 SR 380 --Toombs County; grant easement ...................................495, 499, 778, 1150, 3076 SR 381 --Stewart County; grant easement; Berrien County;
exchange property; Lowndes County; investigate claim ofdisputed property...........................495, 499, 778, 2983, 3079, 3593 SR 383 --"Georgia Quality Month"; designate October, 1992............................2664, 2673,
2844, 4194, 4444 SR 407 --Certain counties; convey property.......................863, 864, 916, 1525, 2971, 3160
6212
SR 408 --Glynn County; convey property ...............................1088, 1093, 1157, 1525, 2890 SR 410 --James L. Clarkson Memorial Highway; designate....................1089, 1093, 1157,
1717, 2877 SR 414 --Fulton County; convey property....................................863, 865, 916, 1525, 2981 ~SR 417 --Crisp County; grant easement........................................863, 865, 916, 1150, 1460 SR 418 --Colquitt County; grant easement...................................863, 865, 916, 1525, 3603 SR 426 --Bankruptcy filings; recommendations for processing
and adjudication ..........................................................................922, 925, 963 SR 431 --Study Commission on Postsecondary Technical and Adult
Education Finance; create.....................2350, 2351, 2428, 3624, 3864, 4205 SR 439 --Joint Study Committee on Indigent Defense; create..........................2663, 2673,
2844, 4226 SR 443 --Joint Study Commission on Revenue Structure; create.....................1454, 1456,
1524, 1904, 3075 SR 444 --Veterans' hospitals; urge Congress oppose use by
nonveterans ..................................................................1454, 1456, 1524, 2184 SR 474 --Bibb County; convey property .................................1861, 1863, 1908, 2983, 3031 SR 475 --Workers' Compensation Trust Fund; General Assembly
provide by law - CA..............................................................1751, 1755, 1845 SR 476 --Adjournment; relative to..............................................................................934, 954 SR 477 --Transportation Trust Fund; create - CA....................................1712, 1712, 1716,
1904, 2116 SR 481 --Roosevelt Circle Revitalization Program; commend...........................1089, 1093,
1157, 1653, 4230 SR 485 --Robert B. Nett Medal of Honor Highway; designate.........................2664, 2673,
2844, 3837, 4215 SR 486 --Farm equipment, heavy equipment, and new motor
vehicle manufacturers, distributors, dealers and representatives; General Assembly regulate - CA...........................................1751, 1755, 1845, 2423, 3026, 3593 SR 490 --Automobile industry; imposition of certain standards; urge Congress reject......................1751, 1755, 1845, 2185, 2964 SR 505 --Guadalcanal veterans; urge Congress recognize and honor................................................................................2664, 2673, 2844 SR 510 --Study Committee on Professional Tax Equity; create.......................2325, 2328,
2428, 3624, 3892, 4594 SR 511 --Joint Study Committee on State and Local Government
Environmental Enforcement Authority; create..........................2663, 2673, 2844, 3624, 3866, 4205
SR 514 --Practice of law; urge Supreme Court reconsider admission rules..................................................2451, 2452, 2590, 3107, 3869
SR 534 --State government; personnel expense reduction; require development of plan..................................................................................2926